Agenda packet — Santa Ana City Council, June 20, 2023 (part 1 of 8)

City Council Meeting Packet
June 20, 2023
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • EihdddiltQlitti
City Council 1 6/20/2023
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’sphonenumberorZoomIDandunmutesthemthecallermustpress*6or City Council 2 6/20/2023
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.

Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2LIVEPUBLICCOMMENTSONREGULARAGENDAITEMSANDNONAGENDA
City Council 3 6/20/2023
The following designated public comment periods are:

Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.

TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Concilio.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Siit
City Council 4 6/20/2023
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

Micah’s Way v. City of Santa Ana, et al., United States District Court, Case No. 8:23 CV00183DOCKES

2. CONFERENCE WITH LEGAL COUNSEL –SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One (1) matter [HCD and Californians for Homeownership]

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiators: Jason Motsick, Human Resources Executive Director Employee Organizations:

Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.

City Council 5 6/20/2023
54957.6(a):

Agency Negotiators: Jason Motsick, Human Resources Executive Director Employee Organizations:

Santa Ana Police Officers Association (POA)
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple Beth Sholom ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to Dorothy “Dottie” Brown for Outstanding Contributions to the Community.

2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Grupo La Familia LGBTQ+ for Outstanding Contributions to the Community.

3. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Dons Baseball team for winning the 2023 CCCAA State Championship.

4. Proclamation presented by Councilmember Phan to Parks & Recreation declaring July 2023, as Park and Recreation Month 2023: Where Community Grows.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

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RECONVENE – City Council will reconvene to continue regular City business.

1. Proclamation presented by Mayor Amezcua to Dorothy “Dottie” Brown for Outstanding Contributions to the Community.

2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Grupo La Familia LGBTQ+ for Outstanding Contributions to the Community.

3. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Dons Baseball team for winning the 2023 CCCAA State Championship.

4. Proclamation presented by Councilmember Phan to Parks & Recreation declaring July 2023, as Park and Recreation Month 2023: Where Community Grows.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following CtCldIt5thh30
City Council 7 6/20/2023
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 30.

5. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

6. Appoint Claudio Gallegos Nominated by Councilmember Penaloza as the Ward 6 Representative to the Community Development Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Claudio Gallegos to the Community Development Commission as the Ward 6 representative and administer Oath of Office.

7. Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 202325
Department(s): Community Development Agency
Recommended Action: Authorize the Mayor to sign the Program Year (PY) 202325 Subsequent Local Area Designation and Local Board Recertification application and direct staff to submit to the California Workforce Development Board.

8. Receive and File Update on Prentice Park Deed and Zoo Master Plan Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file.

9. Receive and File the Certification of Approval by City Engineer of the Final Tract Map 202202, County Tract Map No. 19178 (1814 and 1818 East First Street) (Applicant:

Brandywine Acquisition Group, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 202202, County Tract No. 19178.

10. Receive and File the Certification of Approval by City Engineer of the Final Tract Map 201902, County Tract Map No. 19064 (301 and 305 North Mountain View Street) (Applicant: Olympia Capital Corporation)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 201902, County Tract No. 19064.

11. Approve Budget Reallocation of Unspent Capital Improvement Funds in the Amount of $68,980 to the ADA Transition Plan (Project No. 236069) (NonGeneral Fund) City Council 8 6/20/2023
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(Applicant: Olympia Capital Corporation)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 201902, County Tract No. 19064.

11. Approve Budget Reallocation of Unspent Capital Improvement Funds in the Amount of $68,980 to the ADA Transition Plan (Project No. 236069) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the reallocation of unspent capital improvement funds in the amount of $68,980 from the Council Chambers Entry Doors and Floor Modifications Project (No. 170151) to the ADA Transition Plan (Project No. 236069).

12. Award a Purchase Order in the amount of $376,500 to Cummins, Inc. for One Commercial Diesel Generator Set for the City’s Corporate Yard (Specification 23 093) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime award and payment of Purchase Order to Cummins, Inc. for the procurement of a commercial diesel generator set in the amount of $376,500, subject to nonsubstantive changes approved by the City Manager and City Attorney.

13. Award a Purchase Order to Transwest Truck Center, LLC for Three Ford Super Duty F550 Valve Trucks in an Amount Not to Exceed $690,000 (Specification No. 23074) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Transwest Truck Center, LLC for three Ford Super Duty F550 Valve Trucks, in the amount of $673,275, plus a contingency amount of $16,725, for a total amount not to exceed $690,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

14. Award Aggregate Blanket Order Contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. in an Annual Aggregate Amount not to Exceed $100,000 (Specification No. 23079) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award an aggregate blanket order contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. for oncall towing services for City vehicles for a oneyear term beginning July 1, 2023, and expiring June 30, 2024, with provisions for four oneyear renewal options, in an annual aggregate amount of $100,000, with a total aggregate contract amount not to exceed $500,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

15. Award a Construction Contract to All American Asphalt in the Amount of $2,014,055 for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St.

Gertrude Place at Orange Avenue Project, with an Estimated Project Delivery Cost of $2,417,000 (Project No. 226988)(Project No. 236482) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $250,000 of funding in the General Fund for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St.

Gertrude Place at Orange Avenue Project.

2. Authorize budget reallocation of $361,000 in unspent Roadway Maintenance and Rehabilitation Account (SB1) from the Euclid Rehabilitation from South City Limits to McFadden Improvement (No. 206961) Project to construction funds for the Main Street Rehabilitation from Macarthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project (No. 226988) to complete the project funding requirement.

Gertrude Place at Orange Avenue Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,417,000, which includes $2,014,055 for the construction contract, $201,406 for contract administration, inspection and testing, and a $201,539 project contingency for unanticipated or unforeseen work.

5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER202357 was filed for the project.

16. Approve an Appropriation Adjustment and Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement Project, with an Estimated Project Delivery Cost of $863,899 (Project No. 236033) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Southern California Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/ Miscellaneous revenue account, and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades.

3. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to tthttbjttbttihdbthCit
City Council 10 6/20/2023
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2. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades.

3. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $863,899, which includes $597,000 for the construction contract, $117,649 for contract administration, inspection and testing, and a $149,250 project contingency for unanticipated or unforeseen work.

17. Approve an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed $325,000 to provide Aquatic Engineering Services for Thornton Park Lake Renovations for a ThreeYear Term (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with J Smith & T Muli, Inc. to provide aquatic engineering services for Thornton Park Lake renovations in the amount of $289,947, with a contingency of $35,053, for a total amount not to exceed $325,000, for a threeyear term beginning June 20, 2023 and ending June 19, 2026, with an option for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

18. Approve an Agreement with Clanton & Associates, Inc. to Prepare a Street Lighting Master Plan for an Amount Not to Exceed $640,475, for up to a FourYear Term (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $116,416 in unspent Streetlight Maintenance Service Enhancement Account (General Fund) funds from the Riverview Neighborhood Street Lighting Project (No. 236030) to the Street Lighting Master Plan.

2. Authorize the City Manager to execute a consultant agreement with Clanton & Associates, Inc. to prepare a Street Lighting Master Plan for an amount not to exceed $640,475, for a twoyear term beginning June 20, 2023 and expiring June 19, 2025, with provisions for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

19. Memorandum of Understanding with the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana for the Homeless Housing, Assistance and Prevention (HHAP) Program Regional Coordination
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute the Memorandum of Understanding with the County of Orange, the City of Anaheim, and the City of Irvine, to support regional coordination to address homelessness challenges (Agreement No. 2023XXX).
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Prevention (HHAP) Program Regional Coordination
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute the Memorandum of Understanding with the County of Orange, the City of Anaheim, and the City of Irvine, to support regional coordination to address homelessness challenges (Agreement No. 2023XXX).

20. Approve an Agreement with the Orange County Children’s Therapeutic Arts Center for a Total Amount not to exceed $200,000 to Serve Foster and Youth with Disabilities (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with the Orange County Children’s Therapeutic Arts Center (OCCTAC) to provide services to foster and youth with disabilities, for a oneyear term beginning July 1, 2023 and expiring June 30, 2024, in a total amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

21. Approve Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA 92705 (APN 43002102)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA, 92705, also identified as APN 43002102 (Property), in the amount of $12,750,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

2. Approve an appropriation adjustment to recognize $1,100,000 in Opioid Settlement Funding from the State of California’s Department of Health Care Services and appropriate the same amount into the Community Development Agency, Buildings and Building Improvement expenditure account. (Requires five affirmative votes)

3. Approve an appropriation adjustment to utilize prior year fund balance in the amount of $3,753,571 to the Inclusionary Housing Fund, Buildings and Building Improvement expenditure account. (Requires five affirmative votes)

22. Approve Third Amendment to Agreement with Aramark Correctional Services, LLC for an Additional Amount of $1,624,971 to Provide Inmate Meals and Commissary Management (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with Aramark Correctional Services, LLC, to provide inmate meals and commissary management for the period of July 1, 2023 through June 30, 2024 in the additional amount of $1,624,971, for a total aggregate amount not to exceed $6,103,688, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

23. Approve Agreement with LAZ Parking California, LLC for Parking Enforcement SifthPliDttiAtttEd$1876888(Gl
City Council 12 6/20/2023
Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with Aramark Correctional Services, LLC, to provide inmate meals and commissary management for the period of July 1, 2023 through June 30, 2024 in the additional amount of $1,624,971, for a total aggregate amount not to exceed $6,103,688, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

23. Approve Agreement with LAZ Parking California, LLC for Parking Enforcement Services for the Police Department in an Amount not to Exceed $1,876,888 (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a twoyear agreement with LAZ Parking California, LLC for parking enforcement services, for the period of July 1, 2023 through June 30, 2025, with the option of three 1year renewals, in an amount not to exceed $1,876,888, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

24. Approve Agreements for Temporary Employee Staffing Services with AppleOne, Inc., Cathyjon Enterprises, Inc. dba HB Staffing, Helpmates Staffing, Kimco Staffing Services, Inc., SoftHQ, Inc., TEC Group, Inc., and The Good Job Company in a NottoExceed Aggregate Amount of $2,000,000 (Specification No.23051) (General Fund) Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute agreements with vendors listed below for temporary employee staffing services on an asneeded basis in an aggregate amount nottoexceed $2,000,000, from July 1, 2023 through June 30, 2026 with the option for two (2), one (1)year extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023XXX).

1. AppleOne, Inc. (Torrance, CA)

2. Cathyjon Enterprises, Inc. dba HB Staffing (Huntington Beach, CA)

3. Helpmates Staffing (Irvine, CA)

4. Kimco Staffing Services, Inc. (Irvine, CA)

5. SoftHQ, Inc. (San Diego, CA)

6. TEC Group, Inc. (Irvine, CA)

7. The Good Job Company (La Jolla, CA)

25. Adoption of a Memorandum of Understanding (“MOU”) Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association (“SAPOA”) Effective January 1, 2023 through December 31, 2023, and Adoption of a Resolution Updating the Compensation and Salary Schedule of Sworn Classifications of the Santa Ana Police Management Association (“SAPMA”)
Department(s): Human Resources
Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with SAPOA regarding wages, hours, and other terms and conditions of employment effective January 1, 2023 through December 31, 2023, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2023XXX).

2. Adopt a resolution updating the compensation and salary schedule for sworn classifications of the SAPMA.

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City Council 13 6/20/2023
Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with SAPOA regarding wages, hours, and other terms and conditions of employment effective January 1, 2023 through December 31, 2023, and authorize nonsubstantive changes which may be necessary to implement the agreement (Agreement No. 2023XXX).

2. Adopt a resolution updating the compensation and salary schedule for sworn classifications of the SAPMA.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN

26. Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal Year (FY) 202324
Department(s): Finance and Management Services
Recommended Action: Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 202324, as required by state law.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 20232024

27. Approve Resolution for the Fiscal Year 202324 Senate Bill 1 Local Streets and Roads, Road Repair and Accountability Act Funding Program to Receive an Estimated Funding Amount of $7,673,409 for Capital Improvement Projects (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Adopt a Resolution affirming the Fiscal Year 202324 Senate Bill 1 projects list and anticipated Road Maintenance and Rehabilitation Account funding in the amount of $7,673,409, to be submitted to the California Transportation Commission for budgeting the Fiscal Year 202324 Capital Improvement Program and maintaining eligibility for Road Repair and Accountability Act funding.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED FOR FISCAL YEAR 202324 BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

28. Adopt Resolutions to Maintain Orange County Transportation Authority’s Measure M2 Funding Eligibility for Fiscal Year 20232024
Department(s): Public Works Agency
Recommended Action:

1. Adopt a Resolution affirming consistency between the City’s Mobility Element and the Orange County Master Plan of Arterial Highways, concurring with the existing Transportation System Improvement Area fee program to maintain Orange County Transportation Authority Measure M2 eligibility Program funding, approximated to exceed $6.5 million dollars for Fiscal Year 202324.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE MOBILITY ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2)PROGRAM
City Council 14 6/20/2023

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE MOBILITY ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM

2. Adopt a Resolution confirming the status and update of the City's 2023 Local Signal Synchronization Plan to maintain eligibility for Measure M2 Program funding.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM

29. Adopt City Council Ordinance No. NS3043 Appropriating Monies to the Several Offices, Agencies and Departments of the City of Santa Ana for the Fiscal Year Budget Period Commencing July 1, 2023
First reading at the June 6, 2023 City Council meeting, approved by a vote of 601 (Hernandez absent).

Published in the Orange County Reporter on June 9, 2023.

Department(s): Finance and Management Services
Recommended Action: Approve the second reading and adopt Ordinance No. NS3043 to appropriate monies to the several offices, agencies, and departments of the City for Fiscal Year 202324 (FY2324), which begins on July 1, 2023 and ends on June 30, 2024.

ORDINANCE NO. NS 3043 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2023

30. Zoning Ordinance Amendment No. 202301: Amendment to Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension Process, and Other Edits to Address Internal Inconsistencies First reading at the June 6, 2023 City Council meeting, approved by a vote of 601 (Hernandez absent).

Published in the Orange County Reporter on June 9, 2023.

Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt Zoning Ordinance Amendment No. 202301 amending various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) related to increasing the Conditional Use Permit (CUP) separation requirement of noxious uses from sensitive receptors, updating massage establishment regulations, establishing a CUP suspension process, and other edits to address internal inconsistencies.

ORDINANCE NO. NS3044 – ZONING ORDINANCE AMENDMENT NO. 202301 – City Council 15 6/20/2023
Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt Zoning Ordinance Amendment No. 202301 amending various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) related to increasing the Conditional Use Permit (CUP) separation requirement of noxious uses from sensitive receptors, updating massage establishment regulations, establishing a CUP suspension process, and other edits to address internal inconsistencies.

ORDINANCE NO. NS3044 – ZONING ORDINANCE AMENDMENT NO. 202301 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MASSAGE
ESTABLISHMENTS, AND RELATED CONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO SUSPENSION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND MAKING OTHER NONSUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL INCONSISTENCIES (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

31. Implement a Volunteer School Crossing Guard Program and Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount Not to Exceed $5,343,125 for Up to a Five Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Direct staff to work cooperatively with school districts to implement a volunteer crossing guard program and establish a crossing guard training program.

2. Direct staff to formally notify the School Districts of the phasing out of contracted crossing guard program beginning school year 20232024.

3. Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the total amount not to exceed $5,343,125 for a threeyear term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023 XXX).

32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels in the City of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 (continued from City Council meeting of May 16, 2023, Item No. 28) Department(s): Planning and Building Agency
Recommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines)

2. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24.

RESOLUTION NO. 2023XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines)

33. Adoption of Ordinance for the Addition of two Positions for Residents Aged 55 Years and Older on the Parks, Recreation, and Community Services Commission Department(s): Parks, Recreation, and Community Services Recommended Action: Conduct first reading of an ordinance to amend the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2333 to add two positions for residents aged 55 years and older on the Parks, Recreation, and Community Services Commission.

ORDINANCE NO. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2333 RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (includes determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).

City Council 17 6/20/2023
COSGSUCCOSCO333
RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (includes determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).
**END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Water Quality PFAS Work Study Session

2. Police Oversight Commission Informational Report
City Council 18 6/20/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Local Area Subsequent Designation and Local Board Recertification Program Year 2023-25

AGENDA TITLE
Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 2023-25

RECOMMENDED ACTION
Authorize the Mayor to sign the Program Year (PY) 2023-25 Subsequent Local Area Designation and Local Board Recertification application and direct staff to submit to the California Workforce Development Board.

DISCUSSION
On May 31, 2023, at the Special Meeting of the Santa Ana Workforce Development Board Executive Committee, by a vote of 5:0, the Committee recommended that the City Council approve and authorize the Mayor to sign the PY 2023-25 Subsequent Local Area Designation and Local Board Recertification application and direct staff to submit to the California Workforce Development Board.

The California Employment Development Department (EDD) released Directive WSD22-14, on May 2, 2023, establishing procedures regarding subsequent designation of Local Workforce Development Areas (Local Areas) and recertification of Local Workforce Development Board’s under the Workforce Innovation and Opportunity Act (WIOA). The subsequent designation and local board recertification is effective from July 1, 2023, through June 30, 2025.

This recertification ensures the City’s continued receipt of approximately $2.5 million in WIOA funding and allows the City’s WORK Center to continue direct oversight and implementation of workforce training and employment services in the city. The WIOA grant primarily serves low income and/or long-term unemployed individuals, as well as assists businesses in their hiring and training needs.

Acting under the authority of the Governor, the process for subsequent designation and recertification of Local Boards under WIOA, is overseen by the California Workforce Development Board (State Board). In accordance with WIOA Section 107(c)(2), the State Board will recommend recertification if a Local Board has met WIOA board City Council 7 – 1 6/20/2023
Local Area Subsequent Designation and Local Board Recertification PY 2023-25 June 20, 2023

Page 2 ends

membership requirements, met or exceeded performance accountability measures, and achieved sustained fiscal integrity.

The completed Request for Subsequent Designation and Local Board Recertification requires signature of the Local Board chairperson and the local Chief Elected Official (Exhibit 1).

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

EXHIBIT(S)

1. Application Local Area Subsequent Designation and Board Recertification PY 23-25 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 7 – 2 6/20/2023
· � Employment
EDD Development
� Department

DIRECTIVE
Date: May 2, 2023 Number: WSD22-14

LOCAL AREA SUBSEQUENT DESIGNATION
AND LOCAL BOARD RECERTIFICATION PY 23-25

EXECUTIVE SUMMARY
This policy provides guidance and establishes the procedures regarding subsequent designation of Local Workforce Development Areas (Local Area) and recertification of Local Workforce Development Boards (Local Board} under the Workforce Innovation and Opportunity Act (WIOA) and is effective on the date of issuance.

This policy applies to all current Local Areas interested in receiving subsequent designation and all current Local Boards interested in recertification under WIOA.

This policy contains some state-imposed requirements. All state-imposed requirements are indicated by bold, italic type.

This Directive finalizes Workforce Services Draft Directive Local Area Subsequent Designation and Local Board Recertification PY 23-25 (WSDD-245), issued for comment on March 13, 2023.

The Workforce Development Community submitted five comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 2.

This policy supersedes Workforce Services Directive Local Area Subsequent Designation and Local Board Recertification (WSD20-06}, dated February 22, 2021. Retain this Directive until further notice.

REFERENCES
• WIOA (Public Law 113-128} Sections 106 and 107
• Title 2 Code of Federal Regulations (CFR) Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)
The EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.

Revised May 8, 2023 Page 1 of 5 DIC: 30
EXHIBIT 1
City Council 7 – 3 6/20/2023
• Title 2 CFR Part 2900: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [Department of Labor (DOL) Exceptions] • Training and Employment Guidance Letter (TEGL) 11-19, Negotiations and Sanctions Guidance for the WIOA Core Programs (February 6, 2020)
• California Unemployment Insurance Code (CUIC) Section 14202 • Workforce Services Directive WSD20-02, Calculating Local Area Performance and Nonperformance (September 18, 2020)
• WSD14-10, Initial Local Area Designation and Local Board Certification Under WIOA (February 20, 2015)

BACKGROUND
WIOA Sections 106 and 107 provide criteria for subsequent designation of Local Areas and recertification of Local Boards. Specifically, WIOA Section 106 requires the Governor to designate Local Areas within the state, and WIOA Section 107 requires the Governor to certify one Local Board for each Local Area.

According to WIOA Section 106, a Local Area must have performed successfully, sustained fiscal integrity, and engaged in the regional planning process to receive subsequent designation.

According to WIOA Section 107, a Local Board must have performed successfully, sustained fiscal integrity, and met membership requirements to receive recertification.

The applications for the Local Area subsequent designation and Local Board recertification have been combined into one application. Approved applications will be effective July 1, 2023 - June 30, 2025.

POLICY AND PROCEDURES
The long-term economic impact of the COVID-19 pandemic and related statewide shutdowns has resulted in the need to provide ongoing state-imposed flexibility when establishing guidelines for this round of Local Area subsequent designation and Local Board recertification.

As California continues to recover from the pandemic, the California Workforce Development Board (CWDB) is prioritizing ways to better align the workforce development system with industry and labor needs in order to address future skills gaps by investing in training that leads to meaningful employment.

Definitions
Membership-The Local Board is in compliance with the membership requirements outlined under WIOA Section 107(b).

Page 2 of 5 ends

EXHIBIT 1
City Council 7 – 4 6/20/2023
Performed Successfully - The Local Area had an Individual Indicator Score of 50% or higher in Program Year (PY) 2020-21 or PY 2021-22, as described in WSD20-02, Calculating local Area Performance and Nonperformance (September 19,2020}, for the following primary indicators of performance:
• Employment Rate 2nd Quarter After Exit
• Median Earnings
Note - Please report your "performance score" rather than the "adjusted level of performance".

Sustained Fiscal Integrity - The Local Area certifies it has not been found in violation of one or more of the following during PY 20-21 or PY 21-22:
• Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the DOL identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIOA requirement.
• Gross negligence - Defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
• Failure to observe accepted standards of administration - Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 CFR Part 200.

Engaged in Regional Planning - The local Area has participated in and contributed to regional planning, regional plan implementation, and regional performance negotiations.

Application Process
The local Chief Elected Official (CEO) and the Local Board Chair must complete and sign the Local Area Subsequent Designation and Local Board Recertification Application for PY 23-25 (Attachment 1) in order for a Local Area to request subsequent designation or a Local Board to request recertification.

The completed application is due no later than 5 p.m. on Friday, May 26, 2023, to the CWDB at [email protected]. Please include "Local Area Subsequent Designation and Local Board Recertification Application" in the subject line.

Due to COVID-19, electronic signatures are permitted for the PY 23-25 application.

Page 3 of 5 ends

EXHIBIT 1
City Council 7 – 5 6/20/2023
Note - It is understood that some Local Areas may be unable to obtain local CEO approval by the submission deadline due to scheduling conflicts. If necessary, the Local Area may submit an unsigned copy of the application with an explanation for the absent signature(s) and a date by when the signed application will be sent. Local Areas will not receive full subsequent designation status until a signed application is received.

Assessment of the Application
The CWDB, in coordination with the Employment Development Department, will verify the information provided in the application to ensure the required criteria are met. The CWDB will then determine whether to recommend an approval, conditional approval, or denial of the application. The local CEO will be notified in writing of the decision.

If a subsequent designation application is conditionally approved, the local CEO must submit a "Corrective Action Plan" specifying the following:
• How they will meet the required criteria
• When they will provide the CWDB with a corrected application Appeal Process
A unit of local government (or a combination of units) that has requested and been denied subsequent designation as a Local Area under WIOA may appeal the denial to the CWDB, pursuant to WIOA Section 106. An entity that has been denied subsequent designation may appeal the decision and request a hearing.

An appeal and request for a hearing must be emailed to the CWDB within 15 calendar days from the email date of the notice of denial of initial designation.

The appeal must state, in writing, the following:
• Grounds for the appeal.
• Reasons why the appellant should be designated.

The CWDB will contact the appellant to schedule a hearing date within 15 calendar days of the receipt of the appeal. The CWDB will conduct the appeal hearing and provide a written decision to the appellant no later than 15 calendar days after the hearing.

Appeal of CWDB Decision
A unit or combination of units of local government whose appeal has not resulted in designation as a Local Area may also appeal the denial to the DOL (WIOA Section 106[bl[5]).

Page 4 of 5 ends

EXHIBIT 1
City Council 7 – 6 6/20/2023
ACTION
Bring this Directive to the attention of the local CEO, Local Board, and appropriate staff.

INQUIRIES
If you have any questions, contact your Regional Advisor. /s/ JAVIER ROMERO, Deputy Director
Workforce Services Branch
Attachments:

1. Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2023-25 (DOCX)

2. Summary of Comments (DOCX)

3. Errata Chronology (DOCX)

Page 5 ends

EXHIBIT 1
City Council 7 – 7 6/20/2023
Local Area Subsequent Designation
and
Local Board Recertification Application
for
Program Year 2023-25
Local Workforce Development Area

Page 1 of 10 ends

EXHIBIT 1
City Council 7 – 8 6/20/2023
Application for Local Area Subsequent Designation and Local Board Recertification
This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for Program Year (PY) 2023-25 under the Workforce Innovation and Opportunity Act (WIOA).

If the California Workforce Development Board (CWDB) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted.

Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this application.

Completed applications must be submitted by 5 p.m. on Friday, May 26, 2023, to the CWDB at [email protected].

Name of Local Area
Mailing Address
City, State, ZIP
Date of Submission
Contact Person
Contact Person's Phone Number

Page 2 of 10 ends

EXHIBIT 1
City Council 7 – 9 6/20/2023
Local Board Membership
The WIOA Section 107(b)(2)(A) through (E) states the requirements for nominating and selecting Local Board members.

1. Provide the names of the individuals appointed for each membership category listed below.

2. Attach a roster for the current Local Board.

Category: Business-WIDA Section 107(b)(2)(A) requires that business members constitute a simple majority of the Local Board, and WIOA Section 107(b)(3) states that the chairperson shall also be a member under this category. Specifically, a majority of the Local Board's business members shall constitute the following representatives under this membership category:
• Owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; • Representatives of businesses, including small businesses or business organizations; and • Individuals appointed by those who have been nominated by local business organizations and business trade associations.

Please list the Local Board's business members and identify the chairperson by typing CHAIR after their name:

Local Board Business Members
Name Title Entity Appointment Term End
Date Date
Category: Labor -At least 20 percent of the Local Board members shall be labor representatives from the Local Area's workforce. Specifically, the Local Board shall have labor representatives under this membership category from the following entities (WIOA 107[b ][2][B]):

Page 3 of 10 ends

EXHIBIT 1
City Council 7 – 10 6/20/2023
• Labor organizations (for a Local Area in which employees are represented by labor organizations) and who have been nominated by local labor federations, or (for a Local Area in which no employees are represented by such organizations) other representatives of employees.
• A member of a labor organization or a training director from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists.

Members may be representatives from community-based organizations with demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, veterans, or individuals with disabilities; and organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth and/or out-of-school youth.

California Unemployment Insurance Code (CUIC) Section 14202(b)(1) further requires and specifies that at least 15 percent of Local Board members shall be representatives of labor organizations unless the local labor federation fails to nominate enough members. For a Local Area in which such organizations represent no employees, other representatives of employees shall be appointed to the Local Board, but any Board that appoints representatives of employees not nominated by local labor federations must demonstrate that no employees are represented by such organizations in the Local Area.

List the Local Board's labor members:

Local Board Labor Members
Name Title Entity Appointment Term End
Date Date
Category: Education - WIOA Section 107[b][2][C] requires that each Local Board include members who represent entities that administer education and training activities in the Local Area. Specifically, the Local Board shall have education representatives under this membership category from the following entities:
• Eligible Title II adult education and literacy providers. • Institutions of higher education providing workforce investment activities.

Members may be representatives from local educational agencies and community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment.

Page 4 of 10 ends

EXHIBIT 1
City Council 7 – 11 6/20/2023
List the Local Board's education members:

Local Board Education Members
Name Title Entity Appointment Term End
Date Date
Category: Economic and Community Development - WIDA Sections 107[b][2](D] and [El require each Local Board to include governmental, economic, and community development representatives under this membership category from the following entities:
• Economic and community development organizations.
• The state's employment service office under the Wagner-Peyser Act. • Programs carried out under Title I of the federal Rehabilitation Act.

A Local Board may have representatives from transportation, housing and/or public assistance agencies; philanthropic organizations; and/or an individual or representatives of entities determined to be appropriate by the local CEO.

List the Local Board's economic and community development members:

Local Board Economic and Community Development Members
Name Title Entity Appointment Term End
Date Date
Performed Successfully
The Local Area hereby certifies that it has performed successfully, defined as having an Individual Indicator Score of 50% or higher in PY 20-21 or PY 21-22, as described in Workforce Services Directive WSD20-02, Calculating Local Area Performance and Nonperformance (September 18, 2020), for the following primary indicators of performance:
• Employment Rate 2
nd Quarter After Exit
• Median Earnings

Page 5 of 10 ends

EXHIBIT 1
City Council 7 – 12 6/20/2023
Note: Please report your "performance score" rather than the "adjusted level of performance."
PY 20-21 Individual Indicator Scores
Indicators of Performance
Employment Rate 2
nd Quarter
After Exit
Median Earnings 2nd
Quarter After Exit
PY 20-21 Individual Indicator Scores
Indicators of Performance
Employment or Education Rate
2 nd Quarter after Exit
Median Earnings
PY 21-22 Individual Indicator Scores
Indicators of Performance
Employment Rate 2nd Quarter
After Exit
Median Earnings 2
nd
Quarter After Exit
PY 21-22 Individual Indicator Scores
Indicators of Performance
Employment or Education Rate
2 nd Quarter after Exit
Median Earnings
Adults
--%
$_
Adults
--%
$_

Page 6 of 10 ends

Dislocated Workers
--%
$_
Youth
--%
$
Dislocated Workers
--%
$_
Youth
--%
$
EXHIBIT 1
City Council 7 – 13 6/20/2023
Sustained Fiscal Integrity
The Local Area hereby certifies that it has not been found in violation of one or more of the following during PY 20-21 or PY 21-22:
• Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or improperly expended funds due to the willful disregard or failure to comply with any WIOA requirement. • Gross negligence- defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
• Failure to observe accepted standards of administration - Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 Code of Federal Regulations (CFR) Part 200.

Certify No Violation: □
Engaged in Regional Planning
Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations. The Local Area herby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways:

Local Area Assurances
Through PY 23-25, the Local Area assures that:

A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements {WIOA Section 184[a][2] and [3]}.

Highlights of this assurance include:
• The Local Area's procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318).
• The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508).

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EXHIBIT 1
City Council 7 – 14 6/20/2023
Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200 Subpart F will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338).

B. All financial reporting will be done in compliance with federal and state regulations and guidance.

Highlights of this assurance include the following:
• Reporting will be done in compliance with Workforce Services Directive WSD19-05, Monthly and Quarterly Financial Reporting Requirements, (December 4, 2019). • All close out reports will comply with the policies and procedures listed in WSD16- 05, WIDA Closeout Requirements (July 29, 2016).

Note that failure to comply with financial reporting requirements will subject the Local Area to potential cash hold. (Title 2 CFR Section 200.338}
C. Funds will be spent in accordance with federal and state laws, regulations, and guidance.

Highlights of this assurance include the following:
• The Local Area will meet the requirements of the CUIC Section 14211, to spend a minimum of 30 percent of combined total of WIOA Title I adult and dislocated worker formula fund allocations on training services.
• The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]).

D. The Local Area will select the America's Job Center of California5M operator(s) through a competitive procurement process, such as a Request for Proposals, unless designated or certified as an operator with the agreement of the local CEO and the Governor (WIOA Section 121[d][2][A] and 107[g][2]}.

E. The Local Area will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBS5M reporting requirements and deadlines.

F. The Local Area will comply with the nondiscrimination provisions of WIOA Section 188 and 29 CFR Part 38, including the collection of necessary data.

G. The Local Area will engage in and contribute to, regional planning and regional plan implementation (for example, the Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and two-year modifications).

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EXHIBIT 1
City Council 7 – 15 6/20/2023
H. The Local Area will participate in regional performance negotiations.

I. The Local Area will comply with CWDB policies and guidelines, legislative mandates and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation.

J. Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter [TEGL] 10-09, and TEGL 19-16).

Page 9 of 10 ends

EXHIBIT 1
City Council 7 – 16 6/20/2023
Application Signature Page
Instructions - The local CEO and Local Board Chair must sign and date this form. Electronic signatures are permitted for the PY 23-25 application.

By signing the application below, the local CEO and Local Board Chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application.

Local Workforce Development Board Chair Local Chief Elected Official Signature Signature
Name Name
Title Title
Date Date

Page 10 of 10 ends

EXHIBIT 1
City Council 7 – 17 6/20/2023
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Prentice Park Deed Modification

AGENDA TITLE
Receive and File Update on Prentice Park Deed and Zoo Master Plan

RECOMMENDED ACTION
Receive and file.

DISCUSSION
Over the past 71 years, the Santa Ana Zoo at Prentice Park has grown from an open field with several monkey exhibits into a vibrant and thriving organization with conservation and animal well-being at its core. Through fun, adventure, and learning, the Zoo empowers the community to save wildlife and wild spaces. In keeping with modern animal management and husbandry, the animal habitats and practices are constantly being improved. The Zoo employs over 25 full-time employees and 40 parttime employees, and is supported by over 100 volunteers. It is estimated that the Zoo will contribute over $200 million to the local economy between 2019 and 2028 with continued implementation of the Master Plan.

The Zoo was founded upon the donation of 12 acres of land from Mr. Joseph Edward Prentice with a desire to develop a Zoo for the community and provide opportunities for the children in Santa Ana. The donation came with a number of conditions and the action recently taken and included as an exhibit with this staff report modifies the deed by striking one condition specific to the number of monkeys at the Zoo. While the Zoo has always endeavored to maintain 50 monkeys for visitors, with the evolution of zoo management and modern animal husbandry practices, this requirement has become less attainable and optimal over time.

With support of the Prentice Family, this deed modification provides clarity as we proceed with implementation of the Master Plan, the driver of future development. In 2018, the City Council approved a 20-year Master Plan for Zoo and a number of projects are currently under construction or in planning stages. An area of focus in the plan and the only area remaining relatively unchanged since the founding of the Zoo is the north end area, where the highest concentration of primate habitats exist.

City Council 8 – 1 6/20/2023
Prentice Park Deed Modification

Page 2 ends

The Master Plan identifies the Primate Forest Project as a redevelopment opportunity for the north end of the Zoo. The very name—Primate Forest—evokes wondrous images of lush forests with playful monkeys swinging through towering rainforest trees; these very images inspire an entirely new immersive experience. The future dynamic new habitats promise to inspire visitors with a deeper understanding of worldwide conservation efforts and a more comprehensive appreciation for protecting our endangered species.

While the Primate Forest is still in early planning stages, some antiquated monkey habitats were removed over the years and additional habitats will be removed with completion of the Amazon’s Edge Project, which is currently under construction. This modification provides clarity and assurance as the Zoo moves into the future. Simply put, this will allow staff to focus on the work that matters, operating a great cultural asset for the community, contributing to valuable conservation programs, and building on the 71-year legacy.

Staff considers the history of primate conservation a key part of the Zoo’s identity and intends to honor that legacy in perpetuity.

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

EXHIBIT(S)

1. Agreement
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 8 – 2 6/20/2023
City Council 8 – 3 6/20/2023
City Council 8 – 4 6/20/2023
City Council 8 – 5 6/20/2023
City Council 8 – 6 6/20/2023
City Council 8 – 7 6/20/2023
City Council 8 – 8 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Certification of Final Tract Map 2022-02, County Tract Map No. 19178

AGENDA TITLE
Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2022-02, County Tract Map No. 19178 (1814 and 1818 East First Street) (Applicant:

Brandywine Acquisition Group, LLC)

RECOMMENDED ACTION
Receive and file the certification of approval by City Engineer of the Final Tract Map 2022-02, County Tract No. 19178.

DISCUSSION
In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-126, includes the approval of tentative tract maps by the Zoning Administrator.

Following the approval of a tentative map by the approving body, the property subdivider prepares and submits a final map(s) to the City Engineer for approval. If each final map is in the correct form, prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer.

On June 27, 2022, the Planning Commission approved Tentative Tract Map 2022-02 (Orange County Map No. 19178), to allow the construction of a thirty-five unit attached townhome development, six of which are proposed as live/work, with four onsite moderate-income affordable units, known as Cabrillo Crossing. The approved tentative tract map (Exhibit 1) allows subdivision of the project site.

The City Engineer is in the process of reviewing the final tract map (Exhibit 2) for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of City Council 9 – 1 6/20/2023
Certification of Final Tract Map 2022-02, County Tract Map No. 19178 June 20, 2023

Page 2 ends

the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of June 20, 2023.

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

EXHIBIT(S)

1. Tentative Tract Map

2. Final Tract Map
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 9 – 2 6/20/2023
EXHIBIT 1

REVISIONS

PUBLIC WORKS AGENCY
City Council 9 – 3 6/20/2023

REVISIONS

PUBLIC WORKS AGENCY
City Council 9 – 4 6/20/2023

REVISIONS

PUBLIC WORKS AGENCY
City Council 9 – 5 6/20/2023
4/4/2023
EXHIBIT 2
City Council 9 – 6 6/20/2023
City Council 9 – 7 6/20/2023
City Council 9 – 8 6/20/2023
City Council 9 – 9 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Certification of Final Tract Map 2019-02, County Tract Map No. 19064

AGENDA TITLE
Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2019-02, County Tract Map No. 19064 (301 and 305 North Mountain View Street) (Applicant: Olympia Capital Corporation)

RECOMMENDED ACTION
Receive and file the certification of approval by City Engineer of the Final Tract Map 2019-02, County Tract No. 19064.

Following the approval of a tentative map by the approving body, the property subdivider prepares and submits a final map or final maps to the City Engineer for approval. If each final map is in the correct form, prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer.

On October 26, 2020, the Planning Commission approved Tentative Tract Map 2019-02 (Orange County Map No. 19064), to facilitate the construction of an 8-unit condominium development at 301 and 305 North Mountain View Street. The approved tentative tract map (Exhibit 1) allows subdivision of the project site.

The City Engineer is in the process of reviewing the final tract map (Exhibit 2) for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of June 20, 2023.

City Council 10 – 1 6/20/2023
Certification of Final Tract Map 2019-02, County Tract Map No. 19064 June 20, 2023

Page 2 ends

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

EXHIBIT(S)

1. Tentative Tract Map

2. Final Tract Map
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 10 – 2 6/20/2023
City Council 10 – 3 6/20/2023
City Council 10 – 4 6/20/2023
City Council 10 – 5 6/20/2023
City Council 10 – 6 6/20/2023
City Council 10 – 7 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: ADA Transition Plan

AGENDA TITLE
Approve Budget Reallocation of Unspent Capital Improvement Funds in the Amount of $68,980 to the ADA Transition Plan (Project No. 23-6069) (Non-General Fund)

RECOMMENDED ACTION
Authorize the reallocation of unspent capital improvement funds in the amount of $68,980 from the Council Chambers Entry Doors and Floor Modifications Project (No. 17-0151) to the ADA Transition Plan (Project No. 23-6069).

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Services Division oversees City facilities to ensure that all structures and mechanical equipment operate safely and efficiently while meeting all applicable laws and regulations.

Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability by public entities. The City's ADA Transition Plan (Plan) intends to identify barriers of access to City buildings and facilities. The Plan will also describe the City's efforts to make programs, services, and activities accessible to all members of the public. This will be a living document created to help prioritize future accessibility projects.

Staff is requesting approval to reallocate $68,980 in unspent capital improvement funds from the Council Chamber Entry Doors and Floor Modifications Project (No. 17-0151) to support the development of this ADA Transition Plan (Project No. 23-6069).

FISCAL IMPACT
Funds will be made available upon City Council approval of the request to reallocate funds in the amount of $68,980 in unspent capital improvement funds from the Council Chambers Entry Doors and Floor Modifications Project (No. 17-0151) to the ADA Transition Plan Project (No. 23-6069).

City Council 11 – 1 6/20/2023
ADA Transition Plan
June 20, 2023

Page 2 ends

Fiscal
Year
Accounting Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit –
Account No.

Description
Amount
Budget Reallocation – Requested Council Action
2022-23
05105015-66200
(From Proj. 17-0151
to 23-6069)
Capital
Outlay
Non-Departmental,
Buildings & Building
Improvements
$68,980
Total: $68,980
Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2023-24.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 11 – 2 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Purchase of Commercial Diesel Generator Set for the City’s Corporate Yard

AGENDA TITLE
Award a Purchase Order in the amount of $376,500 to Cummins, Inc. for One Commercial Diesel Generator Set for the City’s Corporate Yard (Specification 23-093) (General Fund)

RECOMMENDED ACTION
Authorize a one-time award and payment of Purchase Order to Cummins, Inc. for the procurement of a commercial diesel generator set in the amount of $376,500, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water, sanitary sewer systems, and corporate yard facility. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure-regulating stations, and seven connection points to the Metropolitan Water District (MWD). The system has an average daily demand of 30 million gallons from its roughly 45,000 service connections.

During power outage events, such as the Public Safety Power Shutoffs (PSPS) performed by the City of Santa Ana’s energy provider Southern California Edison (SCE) to reduce the fire risk caused by the SCE infrastructure, certain water production and corporate yard equipment is rendered non-operational. The Water Resources Division is proposing to replace Corporate Yard’s existing standby diesel generator. The purchase of a generator will ensure that equipment at the corporate yard remains operational during power outage events.

Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Cummins, Inc. (Contract No.092222-CMM) for the procurement of electrical energy power generation equipment with related parts, supplies, & services, as a result of open, competitive bidding on behalf of its members, which includes government agencies. Thus, Cummins, Inc. is extending the contract to the City.

City Council 12 – 1 6/20/2023
Purchase of Commercial Diesel Generator Set for the City’s Corporate Yard June 20, 2023

Page 2 ends

Staff researched available procurement options, and determined that Cummins, Inc. meets the City’s specifications and can provide a commercial diesel generator to be utilized by the Public Works Agency’s Water Resources Division. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing Guidelines.

FISCAL IMPACT
Funds in the amount of $376,500, which includes the corresponding sales tax not reflected in the quote (Exhibit 1), are available for expenditure in the current Fiscal Year 2022-2023 as follows:

Fiscal Year Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
2022-23 01117017-
66400
General Fund PWA-Service
Enhancement,
Machinery &
Equipment
$376,500
Total: $376,500

EXHIBIT(S)

1. Cummins Quote
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 12 – 2 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
May 22, 2023
Prepared by
Ryan M Cavitt
(916) 936-5039
[email protected]
We are pleased to provide you this quotation based on your inquiry.

Item Description Qty

GENERATOR
1 DQCC, Commercial Diesel Generator Set, 800kW Standby 60Hz 1 0 U.S. EPA, Stationary Emergency Application 1
0 800DQCC, Diesel Genset, 60Hz, 800kW 1
0 Duty Rating - Standby Power (ESP) 1
0 Emission Certification, EPA, Tier 2, NSPS CI Stationary Emergency 1 0 Listing - UL 2200 1
0 Cert - Seismic, IBC2000, IBC2003, IBC2006, IBC2009, IBC2011 1 0 Voltage - 277/480, 3 Phase, Wye, 4 Wire 1
0 Alternator - 60Hz, Wye, 480 Volts, 105C - Standby 1
0 Sub Base Tank - Housing Ready, No Housing 1
0 Enclosure Color - Green, Steel 1
0 Vibration Isolators - Earthquake Certified 1
0 Distribution Panel - Prewired AC Features 1
0 Fuel Tank - Sub Base, 1000 Gallon, UL142 Compliant 1
0 Listing, ULC - S601 - 07 1
0 Alarm - High Fuel Fill 1
0 Fuel Water Separator 1
0 Fuel Tank Connection - Dual Stub Up 1
0 Control Mounting - Left Facing 1
0 PowerCommand 2.3 Controller 1
0 LCD Control Display 1
0 Display, Running Time 1
0 Relays - Genset Status, User Configured 1
0 Alarm - Audible, Engine Shutdown 1
0 Relay - Alarm Shutdown 1
0 Control Display Language - English 1
0 Circuit Breaker or Entrance Box or Terminal Box - Right And Left 1 0 Circuit Breaker - 1200A, Left, 3P, 600/415V, UL/IEC, Serv Ent, 100%UL 1 0 Circuit Breaker - 600A, Right, 3P, UL 600, IEC 690, UL Serv Ent 100% 1 0 Bottom Entry, Left 1
0 Bottom Entry, Right 1
0 Engine Air Cleaner - Normal Duty 1
0 External Battery Charger - 12 Amp, Regulated 1
0 Engine Cooling - Radiator, 50C Ambient 1
0 Shutdown - Low Coolant Level 1
0 Coolant Heater - 208/240/480 Volts AC, 40F Minimum Ambient Temperature 1 0 Test Record - Strip Chart 1
0 Cummins Certified Test Record 1
0 Test - Witness 1
0 Standby 10 Year 5000 Hour Parts+Labor+Travel 1
0 24v Starting Batteries 2
0 Fuel overfill prevention valve and control 1
0 EMERGENCY STOP SWITCH - BREAK GLASS COVER 1
0 Muffler, Industrial-End Inlet/Outlet (shipped loose) 1 0 Exhaust Tube, Flex (shipped Loose) 1
ATS
1 ATS, CXTC, Series Transfer Switch with PowerCommand Control: 600A 1 0 CXT600, Transfer Switch, PowerCommand, 600 Amp 1
0 Listing - UL 1008 1
0 Cabinet - Wall Mounting Transfer Switch 1
0 IBC Seismic Certification 1
0 Application - Utility to Genset 1
0 Cabinet - Type 1 1
0 Cable Lugs - Mechanical, 2 - 600 MCM 1
Quotation: Q-145097-20230522-1026

Page 1 of 8 ends

EXHIBIT 1
City Council 12 – 3 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
Item Description Qty
0 UL1008 3 - Cycle Withstand Ratings 1
0 Transfer Mode - In - Phase Transition 1
0 Poles - 3 (Solid Neutral) 1
0 Frequency - 60 Hz 1
0 System - 3 Phase, 4-Wire (Solid or Switched Neutral) 1 0 Voltage - 480 Volts AC 1
0 PC80 Control 1
0 Integrated High Accuracy Power Quality Metering 1
0 Genset Starting Battery-24VDC 1
0 Standard Customer I/O 1
0 Transfer Switch Warranty - 2 Year Comprehensive 1
0 Packing - Wooden Crate 1

AFTERTREATMENT
1 Freestanding Load bank 1
2 JM Diesel Particulate Filter ( Shipped Loose ) 1
Other Items
1 Service - start up & testing 1
2 Freight & other charges 1
TOTAL: $ 265,900.00
OPTIONS:

ADDER:
• Steel Sound Attenuated Level 2 Enclosure w/ support frame $77,594 • Spare parts: Air filter/oil filter/fuel filters/crankcase vent filters (4 Sets) $800 Quote value does not include any tax.

EXCEPTIONS AND CLARIFICATIONS:

This quote was based on verbal requests and this package may or may not fit the owner’s application. However, if unforeseen design changes are required, please notify us right away.
-
Offloading, installation, permits, fuel, and fuel for testing is to be provided by others. -
All external exhaust piping by others.
-
All external fuel piping pumps by others.
-
Providing an open generator design with no housing,see adder for Steel Sound Attenuated Enclosure -
Lead times subject to change.
-
Aftertreatment installed by others.

LEAD TIME:

Please note the following: The current lead time on the Generator is 41-62 weeks after approved submittals. -
Please note the following: The current lead time on the ATS is 9-11 weeks after approved submittals.

Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with.

Thank you for choosing Cummins.

Submitted by:

Quotation: Q-145097-20230522-1026

Page 2 of 8 ends

EXHIBIT 1
City Council 12 – 4 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
Johnny Babbs, Account Executive
[email protected]
(951) 987-7142
SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing.

THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ATTACHED TO THIS QUOTATION, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN. BY ACCEPTING THIS QUOTATION,

CUSTOMER ACKNOWLEDGES THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

Authorized Signature Date
Company Name
Printed Name & Title
Purchase Order No
<Rest of the page is intentionally left blank>
Quotation: Q-145097-20230522-1026

Page 3 of 8 ends

EXHIBIT 1
City Council 12 – 5 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026

TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT These Terms and Conditions for Sale of Power Generation Equipment, together with the quote (“Quote”), sales order (“Sales Order”), and/or credit application (“Credit Application”) on the front side or attached hereto, are hereinafter collectively referred to as this “Agreement” and shall constitute the entire agreement between the customer identified in the Quote (“Customer”) and Cummins Inc. (“Cummins”) and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur:
(i) Cummins’ receipt of Customer’s purchase order or purchase order number; (ii) Customer’s signing or acknowledgment of this Agreement; (iii) Cummins’ release of equipment to production pursuant to Customer’s oral or written instruction or direction; (iv) Customer’s payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer’s website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, specifications, agreement (whether upstream or otherwise), or any other terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction.

1. SCOPE. Cummins shall supply power generation equipment and any related parts, materials and/or services expressly identified in this Agreement (collectively, “Equipment”). No additional services, parts or materials are included in this Agreement unless mutually agreed upon by the parties in writing. A Sales Order for Equipment is accepted on a hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received from Customer. A Quote is limited to the plans and specifications section specifically referenced in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated and mutually agreed to in writing by the parties. Unless otherwise agreed by Cummins in writing, this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote (“Quote Validation Period”). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer’s acceptance.

2. SHIPPING; DELIVERY; DELAYS. Unless otherwise agreed in writing by the parties, Equipment shall be delivered FOB origin, freight prepaid to first destination. For consumer and mobile products, freight will be charged to Customer. Unless otherwise agreed to in writing by the parties, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. Cummins may deliver in installments. A reasonable storage fee, as determined in Cummins’ sole discretion, may be assessed if delivery of the Equipment is delayed, deferred, or refused by Customer. In the event Customer fails to take any or all shipments of Equipment ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall have the right, in its sole discretion to either (i) charge a minimum storage fee in the amount of one and one-half percent (1.5%) per month of the total quoted amount; or (ii) consider the Equipment abandoned and, subject to local laws, may (a) make the Equipment available for auction or sale to other customers or the public, or (b) otherwise use, destroy, or recycle the Equipment at Customer’s sole cost and expense.

The foregoing remedies shall be without prejudice to Cummins’ right to pursue other remedies available under the law, including without limitation, recovery of costs and/or losses incurred due to the storage, auction, sale, destruction, recycling, or otherwise of the Equipment. Offloading, handling, and placement of Equipment and crane services are the responsibility of Customer and not included unless otherwise stated. All shipments are made within normal business hours, Monday through Friday. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order and will be in effect after engineering drawings have been approved for production. Cummins shall use commercially reasonable efforts to meet estimated dates, but shall not be liable to customer or any third party for any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or any unforeseen event, circumstance, or condition beyond Cummins’ reasonable control including, but not limited to, acts of God, actions by any government authority, civil strife, fires, floods, windstorms, explosions, riots, natural disasters, embargos, wars, strikes or other labor disturbances, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS’

DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL

MAKE COMMERCIALLY REASONABLE EFFORTS TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS’ REASONABLE CONTROL, THEN THE DATE OF DELIVERY,

SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE EQUIPMENT OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

3. PAYMENT TERMS; CREDIT; RETAINAGE. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, Quotation: Q-145097-20230522-1026

Page 4 of 8 ends

EXHIBIT 1
City Council 12 – 6 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
as solely determined by Cummins, payments are due in advance or at the time of supply of the Equipment. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay Cummins’ costs and expenses (including reasonable attorneys’ fees) related to Cummins’ enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. Retainage is not acceptable nor binding, unless required by statute or accepted and confirmed in writing by Cummins prior to shipment. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins’ sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) postpone delivery of any undelivered Equipment in Cummins’ possession and/or suspend its services until payment for unpaid invoices is received.

4. TAXES; EXEMPTIONS. Unless otherwise stated, the Quote excludes all applicable local, state and federal sales and/or use taxes, permits and licensing. Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable taxes will be added to the invoice.

5. TITLE; RISK OF LOSS. Unless otherwise agreed in writing by the parties, title and risk of loss for the Equipment shall pass to Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins’ facility.

6. INSPECTION AND ACCEPTANCE. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects, and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Cummins within three (3) days from date of delivery after which time Equipment shall be deemed accepted. Cummins shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If nonconformity or defect is not eliminated to Customer’s reasonable satisfaction, Customer may reject the Equipment (but shall protect the Equipment until returned to Cummins) or allow Cummins another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.

7. LIEN; SECURITY AGREEMENT. Customer agrees that Cummins retains all statutory lien rights. To secure payment, Customer grants Cummins a Purchase Money Security Interest in the Equipment. If any portion of the balance is due to be paid following delivery, Customer agrees to execute and deliver such security agreement, financing statements, deed of trust and such other documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security interest in the Equipment; or in the alternative, Customer grants Cummins a power of attorney to execute and file all financing statements and other documents needed to perfect this security interest. Cummins may record this Agreement, bearing Customer's signature, or copy of this Agreement in lieu of a UCC-1, provided that it shall not constitute an admission by Cummins of the applicability or non-applicability of the UCC nor shall the failure to file this form or a UCC-1 in any way affect, alter, or invalidate any term, provision, obligation or liability under this Agreement. The security interest shall be superseded if Customer and Cummins enter into a separate security agreement for the Equipment. Prior to full payment of the balance due, Equipment will be kept at Customer’s location noted in this Agreement, will not be moved without prior notice to Cummins, and is subject to inspection by Cummins at all reasonable times.

05.01.2023

8. CANCELLATION; CHARGES. Orders placed with and accepted by Cummins may not be cancelled except with Cummins’ prior written consent. If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement, and Cummins accepts such cancellation in whole or in part, Customer shall be assessed cancellation charges as follows: (i) 10% of total order price if cancellation is received in Cummins’ office after Cummins has provided submittals and prior to releasing equipment to be manufactured; (ii) 25% of total order price if cancellation is received in Cummins’ office after receipt of submittal release to order, receipt of a purchase order for a generator already on order with the factory, or is asked to make any hardware changes to the equipment already on order with the factory; (iii) 50% of total order price if cancellation is received in Cummins’ office sixty (60) or fewer days before the scheduled shipping date on the order; or (iv) 100% of total order price if cancellation is received in Cummins’ office after the equipment has shipped from the manufacturing plant.

9. TERMINATION. Cummins may, at any time, terminate this Agreement for convenience upon sixty (60) days’ written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Equipment or services supplied under this Agreement, in accordance with the payment terms detailed in Section 3. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

10. MANUALS. Unless otherwise stated, electronic submittals and electronic operation and maintenance manuals will be provided, and print copies may be available upon Customer’s request at an additional cost.

11. TRAINING; START UP SERVICES; INSTALLATION. Startup services, load bank testing, and owner training are not provided unless otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins business hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two-week prior notice is required to schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being completed.

Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable load banks Quotation: Q-145097-20230522-1026

Page 5 of 8 ends

EXHIBIT 1
City Council 12 – 7 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
for site test (if offered in the Quote) are equipped with only 100 feet of cable. Additional lengths may be arranged at an extra cost.

Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fill-up of tank after start up, or change of oil is not included unless specified in the Quote. All installation/execution work at the site including, but not limited to: civil, mechanical, electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and cladding materials, fuel/ oil/cooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote. When an enclosure or subbase fuel tank (or both) are supplied, the openings provided for power cable and fuel piping entries, commonly referred to as “stubups”, must be sealed at the site by others before commissioning. All applications, inspections and/or approvals by authorities are to be arranged by Customer.

12. MANUFACTURER’S WARRANTY. Equipment purchased hereunder is accompanied by an express written manufacturer’s warranty (“Warranty”) and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of the Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail.

13. WARRANTY PROCEDURE. Prior to the expiration of the Warranty, Customer must give notice of a warrantable failure to Cummins and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to make the repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters, belts, hoses, etc., communication expenses, meals, lodging, and incidental expenses incurred by Customer or employees of Customer, "downtime" expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a warrantable failure.

14. LIMITATIONS ON WARRANTIES.

THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE

WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL

OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to designated power rating; (b) inappropriate use relative to application guidelines; (c) inappropriate use of an EPA-SE application generator set relative to EPA’s standards; (d) normal wear and tear; (e) improper and/or unauthorized installation; (f) negligence, accidents, or misuse; (g) lack of maintenance or unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of improper or contaminated fuels, coolants, or lubricants; (j) improper storage before and after commissioning; (k) owner’s delay in making Equipment available after notification of potential Equipment problem; (l) replacement parts and accessories not authorized by Cummins; (m) use of battle short mode; (n) owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or lubricants; over fueling; over speeding; lack of maintenance to lubricating, fueling, cooling, or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, running, or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device; or (o) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.

15. INDEMNITY. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Equipment supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.

16. LIMITATION OF LIABILITY

NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS,

EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, WHETHER IN CONTRACT OR IN TORT OR

UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE), FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING

WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE

TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY

OF EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

17. DEFAULT; REMEDIES. Customer shall be in breach and default if: (a) any of the payments or amounts due under this Agreement are not paid; (b) Customer fails to comply, perform, or makes any misrepresentation relating to any of the Customer's obligations or covenants under this Agreement; or (c) prior to full payment of the balance due, Customer ceases to do business, becomes insolvent, makes an assignment for the benefit of its creditors, appoints a receiver, commences an action for dissolution or liquidation, or Quotation: Q-145097-20230522-1026

Page 6 of 8 ends

EXHIBIT 1
City Council 12 – 8 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
becomes subject to bankruptcy proceedings, or the Equipment is attached, levied upon, seized under legal process, is subjected to a lien or encumbrance, or transferred by operation of law or otherwise to anyone other than Cummins. Upon the occurrence of any event of Customer's default, Cummins, at its sole option and without notice, shall have the right to exercise concurrently or separately any one or all of the following remedies, which shall be cumulative and not alternative: (a) to declare all sums due, and to become due, under this Agreement immediately due and payable; (b) to commence legal proceedings, including collection actions and specific performance proceedings, to enforce performance by Customer of any and all provisions of this Agreement, and to be awarded damages or injunctive relief for the Customer's breach; (c) to require the Customer to deliver the Equipment to Cummins' branch specified on the face of this Agreement; (d) to exercise one or more of the rights and remedies available to a secured party under applicable law; and (e) to enter, without notice or liability or legal process, onto any premises where the Equipment may be located, using force permitted by law, and there to disconnect, remove and repossess the Equipment, the Customer having waived further right to possession after default. A waiver of any event of default by Cummins shall not be a waiver as to any other or subsequent default.

18. CUSTOMER REPRESENTATIONS; RELIANCE. Customer is responsible for obtaining, at its cost, permits, import licenses, and other consents in relation to the Equipment, and if requested by Cummins, Customer shall make these permits, licenses, and consents available to Cummins prior to shipment. Customer represents that it is familiar with the Equipment and understands operating instructions and agrees to perform routine maintenance services. Until the balance is paid in full, Customer shall care for the Equipment properly, maintain it in good operating condition, repair and appearance; and Customer shall use it safely and within its rated capacity and only for purpose it was designed. Even if Customer’s purchase of Equipment from Cummins under this Agreement is based, in whole or in part, on specifications, technical information, drawings, or written or verbal advice of any type from third parties, Customer has sole responsibility for the accuracy, correctness and completeness of such specifications, technical information, drawings, or advice. Cummins make no warranties or representations respecting the accuracy, correctness and completeness of any specifications, technical information, drawings, advice or other information provided by Cummins. Cummins makes no warranties or representations respecting the suitability, fitness for intended use, compatibility, integration or installation of any Equipment supplied under this Agreement. Customer has sole responsibility for intended use, for installation and design and performance where it is part of a power, propulsion, or other system. Limitation of warranties and remedies and all disclaimers apply to all such technical information, drawings, or advice. Customer acknowledges and agrees by accepting delivery of the Equipment that the Equipment purchased is of the size, design, capacity and manufacture selected by the Customer, and that Customer has relied solely on its own judgment in selecting the Equipment.

19. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

20. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by, interpreted, and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision.

The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement or any related matter, and hereby waive any right to claim such forum would be inappropriate, including concepts of forum non conveniens.

21. INSURANCE. Upon Customer’s request, Cummins will provide to Customer a Certificate of Insurance evidencing Cummins’ relevant insurance coverage.

22. ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

23. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins’ property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins’ property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

24. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment due to economic and market conditions at the time of shipment. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input and labor cost changes and/or other unforeseen circumstances beyond Cummins’ control.

25. MISCELLANEOUS. Cummins shall be an independent contractor under this Agreement. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in this Agreement. No amendment of this Agreement shall be valid unless it is writing and signed by an authorized representative of the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for, and Quotation: Q-145097-20230522-1026

Page 7 of 8 ends

EXHIBIT 1
City Council 12 – 9 6/20/2023
Project: Public Works Agency
Quotation: Q-145097-20230522-1026
Customer has agreed to purchase of the Equipment pursuant to these Terms and Conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such Terms and Conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. In the event Cummins incurs additional charges hereunder due to the acts or omissions of Customer, the additional charges will be passed on to the Customer, as applicable. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. The Parties’ rights, remedies, and obligations under this Agreement which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 16.

Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement.

26. COMPLIANCE. Customer shall comply with all laws applicable to its activities under this Agreement, including, without limitation, any and all applicable federal, state, and local anti-bribery, environmental, health, and safety laws and regulations then in effect. Customer acknowledges that the Equipment, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Equipment or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable all laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall act as the importer of record with respect to the Equipment and shall not resell, export, re-export, distribute, transfer, or dispose of the Equipment or related technology, directly or indirectly, without first obtaining all necessary written permits, consents, and authorizations and completing such formalities as may be required under such laws, rules, and regulations. In addition, Cummins has in place policies not to distribute its products for use in certain countries based on applicable laws and regulations including but not limited to UN, U.S., UK, and European Union regulations. Customer undertakes to perform its obligations under this Agreement with due regard to these policies. Strict compliance with this provision and all laws of the territory pertaining to the importation, distribution, sales, promotion and marketing of the Equipment is a material consideration for Cummins entering into this Agreement with Customer and continuing this Agreement for its term. Customer represents and warrants that it has not and shall not, directly or through any intermediary, pay, give, promise to give or offer to give anything of value to a government official or representative, a political party official, a candidate for political office, an officer or employee of a public international organization or any other person, individual or entity at the suggestion, request or direction or for the benefit of any of the above-described persons and entities for the purposes of inducing such person to use his influence to assist Cummins in obtaining or retaining business or to benefit Cummins or any other person in any way, and will not otherwise breach any applicable laws relating to anti-bribery. Any failure by Customer to comply with these provisions will constitute a default giving Cummins the right to immediate termination of this Agreement and/or the right to elect not to recognize the warranties associated with the Equipment. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer’s breach.

27. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract.

Quotation: Q-145097-20230522-1026

Page 8 of 8 ends

EXHIBIT 1
City Council 12 – 10 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Purchase of Three Ford Super Duty F-550 Valve Trucks for the Public Works Agency’s Water Resources Division

AGENDA TITLE
Award a Purchase Order to Transwest Truck Center, LLC for Three Ford Super Duty F550 Valve Trucks in an Amount Not to Exceed $690,000 (Specification No. 23-074) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Transwest Truck Center, LLC for three Ford Super Duty F-550 Valve Trucks, in the amount of $673,275, plus a contingency amount of $16,725, for a total amount not to exceed $690,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.

The Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The Division is requesting to purchase three valve trucks for the Water System Maintenance section to replace existing vehicles that have become unreliable and have exceeded their useful life. The vehicles requested house specialized equipment used to exercise water valves and are critical for maintaining the City’s water infrastructure to ensure the continued delivery of high-quality water service to customers in the City of Santa Ana.

The Invitation for Bids (IFB) No. 23-074 was advertised on April 25, 2023 on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:
287 Vendors notified
33 Santa Ana vendors notified
8 Vendors downloaded the bid packet
2 Bids received
0 Bids received from Santa Ana vendors
City Council 13 – 1 6/20/2023
Purchase of Three Ford Super Duty F-550 Valve Trucks
June 20, 2023

Page 2 ends

Bids were solicited, opened on May 9, 2023, and evaluated (Exhibit 1). Two bids were submitted by the IFB deadline and both were deemed to be responsive to the City’s specifications. The bid submitted by Transwest Truck Center, LLC was determined to be the lowest and responsible bid, was responsive to the specifications, and meets the City’s requirements.

FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the specified year:

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23 06017641-66400 Water
Water System
Maintenance,
Machinery & Equipment
$690,000
Total $690,000

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 13 – 2 6/20/2023

BIDDER LOCATION TOTAL
Los Angeles Truck Centers, LLC Whittier, CA $ 227,811.86 Transwest Truck Center, LLC Fontana, CA $ 224,425.19
FORD SUPER DUTY F-550 VALVE TRUCKS (23-074)

ABSTRACT OF BIDS
EXHIBIT 1
City Council 13 – 3 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Award Aggregate Blanket Order Contracts for On-Call Towing Services for City Vehicles

AGENDA TITLE
Award Aggregate Blanket Order Contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. in an Annual Aggregate Amount not to Exceed $100,000 (Specification No. 23-079) (General and Non-General Fund)

RECOMMENDED ACTION
Award an aggregate blanket order contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. for on-call towing services for City vehicles for a one-year term beginning July 1, 2023, and expiring June 30, 2024, with provisions for four one-year renewal options, in an annual aggregate amount of $100,000, with a total aggregate contract amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.

The Fleet Services section manages over 700 vehicles and equipment that routinely require tow services to the Santa Ana Corporate Yard or repair shops. On average, approximately 28 calls of service are made for downed vehicles and transport of equipment, such as the show-mobile, for the City-sponsored Summer Movies in the Park.

The aggregate blanket order contracts are comprised of tow providers that possess the required licenses, tow trucks and equipment, and experience to safely and efficiently transport City motorcycles, vehicles, show-mobiles, and other maintenance equipment of varying sizes. Additionally, the contracts will allow the City to request roadside assistance services, as needed. Services include, but are not limited to: jump-start, flat tire change-out, lock-out services, gasoline refill, and clean-up services for fluid spills from collisions.

The Invitation for Bids (IFB) No. 23-079 was advertised on April 25, 2023 on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:

City Council 14 – 1 6/20/2023
Award Aggregate Blanket Order Contracts for On-Call Towing Services for City Vehicles June 20, 2023

Page 2 ends

249 Vendors notified
34 Santa Ana vendors notified
11 Vendors downloaded the bid packet
3 Bids received
3 Bids received from Santa Ana vendors
Bids were solicited, opened on May 9, 2023, and evaluated (Exhibit 1). Three bids were submitted by the IFB deadline and all were determined to be responsible, responsive to the specifications and met the City’s requirements. Staff recommends awarding aggregate blanket order contracts to the three local vendors that submitted bids to ensure sufficient resources are available at all times for the towing of city-owned vehicles and avoid lapses of service to departments citywide.

Vendor Location
B&D Towing, Inc. Santa Ana, CA
Greater Southern California Towing, Inc. Santa Ana, CA
MetroPro Towing, Inc. Santa Ana, CA

FISCAL IMPACT
Funding is included in the proposed FY 2023-2024 budget. Funds for the renewal options, if exercised, will be included in the proposed budgets for subsequent years.

Fiscal
Year
Accounting UnitAccount #Fund Description Accounting Unit, Account Description
Amount
FY 23-24 07517100-62300 Fleet Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$85,000
FY 23-24 01117651-62300 General Fund
Park Maintenance
Serv Enhcment,
Contract ServicesProfessional
$15,000
Total $100,000

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 2 6/20/2023

BIDDER LOCATION TOTAL
Bid Towing Inc. Santa Ana, CA 1,928.50 $
Greater Southern California
Towing Inc. Santa Ana, CA 1,964.00 $
MetroPro Towing, Inc. Santa Ana, CA 2,760.00 $
ON-CALL TOWING SERVICES FOR CITY VEHICLES (23-079)

ABSTRACT OF BIDS
EXHIBIT 1
City Council 14 – 3 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Main Street Rehabilitation Project

AGENDA TITLE
Award a Construction Contract to All American Asphalt in the Amount of $2,014,055 for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project, with an Estimated Project Delivery Cost of $2,417,000 (Project No. 22-6988)(Project No. 23-6482) (General and Non-General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $250,000 of funding in the General Fund for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project.

2. Authorize budget reallocation of $361,000 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Euclid Rehabilitation from South City Limits to McFadden Improvement (No. 20-6961) Project to construction funds for the Main Street Rehabilitation from Macarthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project (No. 22-6988) to complete the project funding requirement.

3. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,014,055, for construction of the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

City Council 15 – 1 6/20/2023
Main Street Rehabilitation Project
June 20, 2023

Page 2 ends

DISCUSSION
The City's Pavement Management Program identified Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project as a high priority for street rehabilitation (Exhibit 1). Based on the adopted Pavement Management Program, the pavement has deteriorated due to weather, age, and wearand-tear from heavy usage vehicles. The improvements include the removal and replacement of failed asphalt pavement and the replacement of damaged concrete curb, gutters, sidewalks, and curb ramps, and installation of traffic loops, traffic stripes, pavement markings, curb extensions, and underground collapsed drain culvert at the intersection of St. Gertrude Place and Orange Avenue. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with the Americans with Disabilities standards.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 859 regional vendors via PlanetBids, many of which are Santa Ana based. Four vendors requested bidding documents, and a total of four bids were received. No bids were received from Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 17, 2023 and April 24, 2023. The project was also advertised in PlanetBids from April 17, 2023 through May 2, 2023. Bids were received electronically via PlanetBids on May 2, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 All American Asphalt Corona, CA $2,014,055
2 R.J. Noble Company Orange, CA $2,162,340
3 Excel Paving Co. Long Beach, CA $2,486,175
4 Hardy & Harper, Inc. Lake Forest, CA $2,539,000
A total of four bids were received, and all were deemed responsive. All American Asphalt, Inc. submitted the lowest responsive base bid in the amount of $2,014,055 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, City Council 15 – 2 6/20/2023
Main Street Rehabilitation Project
June 20, 2023

Page 3 ends

staff recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $2,014,055 (Exhibit 3).

All American Asphalt has worked on various projects for the City of Santa Ana throughout the last several years. The most recent project is Local Street Preventative Maintenance FY 2021-22.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, inspection of the contractor’s work to ensure contract compliance, workmanship, quality, and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,417,000.

Project Item Total
Construction Contract $2,014,055
Construction Administration, Inspection, Testing $201,406 Contingencies $201,539
Total Construction Delivery Cost $2,417,000
In order to account for the widespread price increases in construction material, Staff recommends reallocating $250,000 from Miscellaneous Stormdrain Repairs Improvements FY 2022-23 (No. 23-6458) and $361,000 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds from Euclid Rehabilitation, South City Limit to McFadden, Project (No. 20-6961).

Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Main Street Rehabilitation from Macarthur Boulevard to Dyer Road and St.

Gertrude Place at Orange Avenue Project (Exhibit 5).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023-57 was filed for the project.

FISCAL IMPACT
As indicated in the Cost Analysis, the total construction delivery cost of the project is $2,417,000 which includes construction, contract administration, inspection, testing, and an authorized contingency. During construction, if necessary, funds may be reallocated between Construction Administration, Inspection, Testing and/or Contingencies. Contingency may be increased to a maximum limit of 25% of the City Council 15 – 3 6/20/2023
Main Street Rehabilitation Project
June 20, 2023

Page 4 ends

Construction Contract. The total construction delivery cost will not be exceeded without Council Authorization. Monies will be reallocated from Project No. 20-6961 and No. 23- 6458 to fund this agreement. Project No. 22-6988 and Project No. 23-6482 are the numbers assigned to the funding for tracking of all expenditures to deliver the construction of this project.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 23-24.

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
Existing Budget (Excluding Design Engineering)
2022-23 05917665-66220
(22-6988)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$1,556,000

ADDITIONAL BUDGET/BUDGET REALLOCATION
2022-23 05717640-66220
(From Proj. 23-
6458 to 23-6482)
Federal Clean
Water
Protection
Enterprise
Federal Clean Water
Protection Enterprise -
Improvements Other
Than Building
$250,000
2022-23 01117620-66220
(22-6988)
General Fund PW-Traffic/
TransportationService Enhancement
$250,000
2022-23 05917665-66220
(From Proj. 20-
6961 to 22-6988)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$361,000
Total $2,417,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 15 – 4 6/20/2023
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-6988:

Main Street Rehabilitation from MaCarthur Blvd. to
Dyer Road and St. Gertrude Place at Orange Ave.

Exhibit 1
City Council 15 – 5 6/20/2023
Exhibit 2
City Council 15 – 6 6/20/2023
City Council 15 – 7 6/20/2023
City Council 15 – 8 6/20/2023
EXHIBIT 3
City Council 15 – 9 6/20/2023
City Council 15 – 10 6/20/2023
City Council 15 – 11 6/20/2023
City Council 15 – 12 6/20/2023
City Council 15 – 13 6/20/2023
City Council 15 – 14 6/20/2023
City Council 15 – 15 6/20/2023
EXHIBIT 4
Construction Contract 2,014,055.00 $
Contract Administration, Inspection and Testing 201,406.00 $ Contingencies 201,539.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 2,417,000.00 $
CONSTRUCTION OF PROJECT NO. 22-6988: Main Street Rehabilitation from MaCarthur Blvd. to Dyer Road and St. Gertrude Place at Orange Ave. Project

COST ANALYSIS
City Council 15 – 16 6/20/2023
EXHIBIT 5
611,000
611,000
361,000
611,000
City Council 15 – 17 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Street Light Poles Upgrade Project

AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement Project, with an Estimated Project Delivery Cost of $863,899 (Project No. 23-6033) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize Southern California Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/ Miscellaneous revenue account, and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades.

3. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
On April 4, 2017, the City Council approved a purchase and sale agreement authorizing the acquisition of approximately 7,800 streetlights by the City of Santa Ana from Southern California Edison (SCE) for the purpose of retrofitting them with light-emitting City Council 16 – 1 6/20/2023
Award Construction Contract with Baker Electric & Renewables LLC June 20, 2023

Page 2 ends

diode (LED) lights, leveraging the resulting energy savings to pay for streetlight upgrades, and improving lighting to the community.

In 2019, the City successfully completed the citywide streetlight retrofit from High Pressure Sodium (HPS) fixtures to energy efficient LED fixtures. Subsequently, the Public Works Agency coordinated with SCE to recover the electrical cost savings from the retrofit. As a result, the City received a credit amount totaling $863,899 for energy savings resulting from the LED conversion. PWA is seeking approval of an appropriation adjustment to recognize these funds and utilize the funds for streetlight upgrades (Project No. 23-6033).

The City has identified the need to undertake streetlight improvements within the Riverview West Neighborhood (Exhibit 1). The scope of work includes removal of wooden streetlight poles and installation of new street light poles, LED lights, and wiring. Once completed, the newly installed street lighting will provide a safer and welcoming environment for pedestrians and motorists in the Riverview West Neighborhood.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 383 regional vendors via PlanetBids, many of which are Santa Ana based. Six vendors requested bidding documents and a total of nine bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on March 31, 2023 and April 7, 2023. The project was also advertised in PlanetBids from March 30, 2023 through April 20, 2023. Bids were received electronically via PlanetBids on April 21, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Baker Electric &
Renewables LLC Escondido, CA $597,000
2 California Professional
Engineering, Inc. La Puente, CA $663,707
3 MSL Electric, Inc. Anaheim, CA $702,370
4 Select Electric, Inc. Vista, CA $743,921
5 International Line Builders,
Inc. Corona, CA $758,491
6 Comet Electric, Inc. Chatsworth, CA $768,077
City Council 16 – 2 6/20/2023
Award Construction Contract with Baker Electric & Renewables LLC June 20, 2023

Page 3 ends

Rank Bidder’s Name Location Base Bid
7 Elecnor Belco Electric, Inc. Chino, CA $816,000
8 Pacific Utility Instillation Inc. Corona, CA $825,505 9 Crosstown Electrical & Data,
Inc. Irwindale, CA $983,672
A total of nine bids were received, and all were deemed responsive. Baker Electric & Renewables LLC submitted the lowest responsive base bid in the amount of $597,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Baker Electric & Renewables LLC, in the amount of the base bid totaling $597,000 (Exhibit 3). Baker Electric & Renewables LLC has not performed any work in the City of Santa Ana within the past five years.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following:
construction management; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $863,899.

Project Item Total
Construction Contract $597,000
Construction Administration, Inspection, Testing $117,649 Contingencies $149,250
TOTAL CONSTRUCTION DELIVERY COST $863,899
Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Streetlight Poles Replacement Project (Exhibit 5).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review.

FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize Southern California Edison Streetlights Energy Cost Credit in the amount of $863,899 in the Public Works/ City Council 16 – 3 6/20/2023
Award Construction Contract with Baker Electric & Renewables LLC June 20, 2023

Page 4 ends

Miscellaneous revenue account (No. 01117002-57010) and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account (No. 01117630-66220).

As indicated in the Cost Analysis, the total construction delivery cost of the project is $863,899, which includes construction, contract administration, inspection, testing, and an authorized contingency. During construction, if necessary, funds may be reallocated between Construction Administration, Inspection, Testing and/or Contingencies. Contingency may be increased to a maximum limit of 25% of the Construction Contract. The total construction delivery cost will not be exceeded without Council Authorization. Project No. 23-6033 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project.

The funds will be available for expenditure as follows:

Fiscal
Year
Accounting
Unit – Account
No. (Project
No.)
Fund
Description
Accounting Unit –
Account No. Description Amount
2022-23
01117630-
66220
(23-6033)
General
Fund
PW-Street Light
Maintenance Service
Enhancement -
Improvements Other than
Buildings
$863,899
TOTAL: $863,899
Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2023-24.

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 16 – 4 6/20/2023
© 2012-2017 Digital Map Products. All rights reserved. 1 262 feet
EXHIBIT 1
City Council 16 – 5 6/20/2023
EXHIBIT 2
City Council 16 – 6 6/20/2023
City Council 16 – 7 6/20/2023
City Council 16 – 8 6/20/2023
City Council 16 – 9 6/20/2023
City Council 16 – 10 6/20/2023
City Council 16 – 11 6/20/2023
City Council 16 – 12 6/20/2023
City Council 16 – 13 6/20/2023
City Council 16 – 14 6/20/2023
City Council 16 – 15 6/20/2023
City Council 16 – 16 6/20/2023
City Council 16 – 17 6/20/2023
City Council 16 – 18 6/20/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-6033

STREET LIGHT POLES REPLACEMENT

Page 1 of 4 ends

This CONSTRUCTION CONTRACT is made and entered into this 20th day of June, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Baker Electric & Renewables LLC (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Street Lights Poles Replacement Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred and Ninety Seven Thousand ($597,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A”
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 City Council 16 – 19 6/20/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-6033

STREET LIGHT POLES REPLACEMENT

Page 2 of 4 ends

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 City Council 16 – 20 6/20/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-6033

STREET LIGHT POLES REPLACEMENT

Page 3 of 4 ends

(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. [signature page to follow]
DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 City Council 16 – 21 6/20/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-6033

STREET LIGHT POLES REPLACEMENT

Page 4 of 4 ends

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA

JENNIFER HALL KRISTINE RIDGE
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney Baker Electric, Inc.

By:

JOSE MONTOYA NAME:

Assistant City Attorney TITLE:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
TED N. BAKER
President
Baker Electric & Renewables LLC
DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 City Council 16 – 22 6/20/2023
10,816.24 3,027.96 37,883.37 41,412 452,790.13 204.08 756.99 773.13 4.76 8,543.21 DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 City Council 16 – 23 6/20/2023
4,507.03 45,070.30 551,929.70
DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 City Council 16 – 24 6/20/2023
Certificate Of Completion
Envelope Id: 1E254AA5DD7E49C9B29CC16E58FD2BD3 Status: Completed Subject: Complete with DocuSign: Street Light Poles Replacement Construction Contract Agreement (CAO 5.3...

Source Envelope:

Document Pages: 6 Signatures: 1 Envelope Originator:

Certificate Pages: 2 Initials: 0 Legal
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1298 Pacific Oaks Place
Escondido, CA 92029
[email protected]
IP Address: 70.167.175.194
Record Tracking
Status: Original
6/5/2023 9:57:39 AM
Holder: Legal
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Ted Baker
[email protected]
President
Baker Electric & Renewables LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 201.192.183.193
Signed using mobile
Sent: 6/5/2023 10:12:54 AM
Viewed: 6/5/2023 10:18:27 AM
Signed: 6/5/2023 10:18:42 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jason Harris
[email protected]
Director
Baker Electric & Renewables LLC
Security Level: Email, Account Authentication
(None)
Sent: 6/5/2023 10:18:43 AM
Viewed: 6/5/2023 10:20:50 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/5/2023 10:12:54 AM
Certified Delivered Security Checked 6/5/2023 10:18:27 AM Signing Complete Security Checked 6/5/2023 10:18:42 AM
Completed Security Checked 6/5/2023 10:18:43 AM
City Council 16 – 25 6/20/2023
Payment Events Status Timestamps
City Council 16 – 26 6/20/2023
EXHIBIT 4
Construction Contract $
Contract Administration, Inspection and Testing $ 117,649.00 Contingencies $ 149,250.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 863,899.00
CONSTRUCTION OF PROJECT NO. 23-6033 Street Light Pole Replacement Project

COST ANALYSIS
597,000.00
City Council 16 – 27 6/20/2023
EXHIBIT 5
City Council 16 – 28 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Agreement for Thornton Park Lake Renovations

AGENDA TITLE
Approve an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed $325,000 to provide Aquatic Engineering Services for Thornton Park Lake Renovations for a Three-Year Term (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with J Smith & T Muli, Inc. to provide aquatic engineering services for Thornton Park Lake renovations in the amount of $289,947, with a contingency of $35,053, for a total amount not to exceed $325,000, for a three-year term beginning June 20, 2023 and ending June 19, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Thornton Park Lake is an artificial two-acre water feature at Carl Thornton Park. Since its construction in 1977, no major renovations have been made. Existing operational equipment and facilities have reached the limit of their design life, and as a result, water quality has significantly declined. A consultant is needed to perform a comprehensive assessment of the lake and its mechanical components, provide analysis and recommendations for improvements, and develop contract documents for a comprehensive rehabilitation project.

On January 27, 2023, the Public Works Agency released Request for Proposals (RFP) No. 22-151 to provide a thorough environmental study assessment and recommendations, develop a comprehensive rehabilitation plan, and provide design services for the Thornton Park Lake Renovations project. The RFP was advertised on the City’s online procurement management and publication system, with proposals due on February 13, 2023. A proposal was received and evaluated by a selection committee based on criteria outlined in the RFP. As a result, J Smith & T Muli, Inc. was selected to provide the design services for this project.

Staff recommends awarding an agreement to J Smith & T Muli, Inc. (Exhibit 1) to provide a thorough environmental study assessment and recommendations, develop a City Council 17 – 1 6/20/2023
Agreement for Thornton Park Lake Renovations
June 20, 2023

Page 2 ends

comprehensive rehabilitation plan, and provide design services for Thornton Park Lake.

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, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.

FISCAL IMPACT
Funds are budgeted and available for expenditure in the Fiscal Year 2023-24. The table below indicates the estimated expenditures by fiscal year.

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
2022-23 01117651-62320 General Fund Park Maintenance
Service EnhancementMaintenance & Repair
Buildings & Ground
$325,000
TOTAL: $325,000
Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2023-24.

EXHIBIT(S)

1. Agreement with J Smith & T Muli, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 17 – 2 6/20/2023

Page 1 of 10 ends

AGREEMENT TO PROVIDE AQUATIC ENGINEERING SERVICES FOR

THORNTON PARK LAKE RENOVATION PROJECT BETWEEN
THE CITY OF SANTA ANA AND J SMITH & T MULI, INC.

THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between J Smith & T Muli, 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. As set forth in Request for Proposal (“RFP”) No. 22-151, issued January 27, 2023, the City desires to retain a Consultant to provide aquatic engineering services, including, but not limited to, the following: a thorough environmental study assessment, preparation of recommendations, development of a comprehensive rehabilitation plan, and preparation of design services for the Thornton Park Lake Renovation Project.

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 all services described in the “Scope of Work” that was included in RFP No. 22-151, which is attached hereto and fully incorporated herein by this reference as Exhibit A, as well as all services further described in “Consultant’s Proposal”, which is attached hereto and fully incorporated herein by this reference as Exhibit B.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant’s “Fee Proposal”, which is attached hereto and fully incorporated herein by this reference as Exhibit C. The total amount to be expended under the Agreement shall not exceed $325,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3 below. This sum is comprised of (1) the base amount of $289,947.00 and (2) a contingency fund in the amount of $35,053.00, which is exercisable at City’s sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper (;+,%,7
City Council 17 – 3 6/20/2023

Page 2 of 10 ends

invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on June 20, 2023 and end on June 19, 2026, with the option for the City to grant up to two (2), one-year extensions of the Agreement, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

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

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property 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.

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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. 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 City Council 17 – 5 6/20/2023

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connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
(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 waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the 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:
x The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
x Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
x If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
(9) Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the 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, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

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

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

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

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

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

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

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

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

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

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

To City:

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
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With courtesy copies to:

Nabil Saba, P.E.

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.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Jonis Smith, Principal
J Smith & T Muli, Inc.
33161 Camino Capistrano, Suite D
San Juan Capistrano, CA 92675
Email: [email protected]
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SIGNATURE PAGE FOR AGREEMENT TO PROVIDE AQUATIC ENGINEERING

SERVICES FOR THORNTON PARK LAKE RENOVATION PROJECT BETWEEN THE CITY OF SANTA ANA AND J SMITH & T MULI, INC.

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

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT:

SONIA R. CARVALHO
City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
________________________________
Nabil Saba, P.E.

Executive Director Public Works Agency
Jonis Smith
Principal
City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney
JonisSmith
Principal
City Council 17 – 12 6/20/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 17 – 13 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS
Appendix
ATTACHMENT 1: SCOPE OF WORK
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CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

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SCOPE OF WORK
Introduction and Background:

The City of Santa Ana is seeking an environmental/aquatics engineering firm to provide a thorough environmental study assessment, recommendations, develop a comprehensive rehabilitation plan and provide design services which will result in the provision of Contract Documents for the “Thornton Lake Circulation Study and Renovation” project. The plan should include but is not limited to plans to restore and rebalance the lake’s mechanical and biological systems, addressing user behavior and implementation of future operations and maintenance.

Thornton Park is a 32.83-acre outdoor recreation and nature preservation neighborhood park situated near the intersection of Segerstrom Ave and Bear St. The park is located at 1801 W. Segerstrom Avenue. The park offers picnic areas, a man-made 2-acre lake with a running stream, ball diamonds, a fitness court, hike/exercise trails and playground for tots and youth. Thornton Park is also the home of the George Upton All Access Park, which is a barrier free playground. Thornton Lake was constructed in the 1970’s. The functionality of the lake and stream at the park are of high concern. A consultant is needed to do a preliminary research, inventory existing lake components, provide analysis and recommendation options for optimal renovations.

The Scope of Work will involve an environmental/water engineering firm to conduct a thorough investigation of the existing conditions at Thornton Lake. Then developing those investigations to aid into the preparation of Contract Documents (“Plans & Specification”) that address the mechanical and biological systems of Thornton Lake including but not limited to aeration, skimmers, recirculation pumps and piping, vault, fountain, education elements, biomedia, habitat creation and affected site work.

The project construction budget is $2.5 million.

Description of Work:

Perform an environmental assessment to a 2-acre man-made lake, with that assessment providing recommendations, design engineering and contract documents to provide renovations to a lake.

Include Contractor’s license requirements.

Consultant Responsibilities:

The Consultant’s responsibilities shall consist of the following tasks:

Consultant is responsible for providing assessments and all design and engineering as required for all components within the project scope of work. This includes but is not limited to survey, civil design, architectural design, structural design, interior design, electrical engineering, mechanical and plumbing engineering, etc.

Consultant shall provide review sets in .pdf format.

Final plans shall be provided in AutoCAD or MicroStation format, and .pdf format.

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CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

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Task 1: Research and Site Reconnaissance
Data Collection: Meet on site with Public Works and Park Services staff to collect background information:
x Discuss project objectives
o Improve water quality control systems
o Move towards implementation of biological maintenance approach o Improve lake aesthetics
o Development of lake management program
o Improvements to lake fishery and wildlife habitat
o Use of an automated system
x Discussion shall include but not to be limited to
o Existing pump functionality and location
o Existing skimmer condition, type, quantity and location o Existing lake construction
o Aeration/Circulation
o Dreading
o Historical information
o Current problems, including algae, trash accumulation, stagnation, aesthetics, odors, and fish kills.
o Operations and maintenance program
o Adjacent irrigation which utilizes reclaimed water
o Recreational use of lake and its considerations.
x Topics in study to include but not limited to
o Safety improvements for lake maintenance personnel
o Lake circulation improvements
o Lake aeration improvements
o Lake fishery improvements
o Lake area wildlife habitat improvements/enhancements (waterfowl management guidance/recommendations)
o Lake water use or seepage losses
o A Lake Maintenance Manual to guide the Lake Manager and staff in the procedures, techniques of Naturalized Lake Management.

Field Inspection: Conduct field inspection of overall lake system to verify data collection and provide additional data for baseline mapping.
x Review existing equipment for function and efficiency: monitor pressure and flow including but not limited to:
o Review power consumption records, as available
o Review water usage
o Review make up water source quantity
o Observe outfall structures
x Review and analyze existing lake conditions and shorelines including but not limited to:
o Observe water quality
o Observe and test liner integrity
x Provide evaluation of potential project constraints and solutions. ¾ Deliverables from this task shall include a Preliminary Report, including a field site Reconnaissance memo which verifies the existing lake conditions and inventory of lake characteristics.

City Council 17 – 16 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

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Task 2: Water Quality Sampling and Assessment/Report
Consultant shall provide labor, equipment, materials and incidentals to collect a total of four water samples from two locations each; top and bottom water during a single date. Samples shall be used to:
x Characterize water quality of the lake, estimate dissolved oxygen requirements and to identify potential nuisance problems including sulfides, algae and other pollutants. x Measure physical and chemical parameters including but not limited to dissolved oxygen, acid/base readings (pH, Total Alkalinity), temperature, oxidation-reduction potential, salts (chloride, conductivity, hardness).
x Analyzed for water quality parameters as determined necessary, including nutrients like carbon, total nitrogen, total phosphorus, ammonia, sulfur, iron, and manganese compounds. Water clarity should also be identified including but not limited to turbidity, color total dissolved solids. x Preliminarily size, design, and layout the water quality system treatment train including up-flow media biological filters, wetland filters, vegetated wetlands, aerated artificial reefs, aquatic vegetation planting palette, and lake surface skimmers.
o Provide efficient biological nutrient removal, chemical component removal, macro-pollutant removal (trash and debris).
o The water quality system components will be sized to provide sufficient treatment capacity to maintain the circulation system water exchange rate/lake turn-over rate with adequate flexibility to adjust the system for perennial lake water quality condition variations. ¾ Deliverables from this task shall include a Water Quality Report which summarize the findings, and provide recommendation to restore water quality to optimal conditions. Water quality system sizing calculation results (included in study report) and exhibit showing recommended water quality system.

Task 3: Survey and Analysis
x Complete Hydrographic and Bathymetric survey to determine extent of debris accumulation x Complete Sedimentation Analysis
x Complete Aquatic Vegetation Mapping
¾ Deliverables from this task shall include a color-coded bathymetry map. “x,y,z” data file, analyses, map, deliverables shall be submitted within 5 days of completion of the survey.

Task 4: Lake Liner System Design
x Complete a water balance analysis for the lake system including irrigation demands for the project to determine the total water requirements.
x Water demand analysis will evaluate water demands monthly for a total year period. A simplified water balance will be prepared that analyzes all the water inputs and withdrawals to determine the amount of “makeup water” required for the lake operation, as well as irrigation demands. The water entering from the project will include both nuisance and stormwater runoff. The analysis will evaluate both average year and dry year conditions.
x The soil analysis results will be used to develop design recommendations for reconstruction of the lake liner as determined from the water balance/seepage loss calculations and the hydrogeologic analyses. ¾ Deliverables from this task shall include Lake liner design recommendations (included in study report) and exhibit
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CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

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Task 5: Evaluation and Recommendations Report
Based on accumulated research and field review, conduct and prepare written evaluation of existing lake which identifies and analyzes problems and deficiencies related to the other health, lake ecology and water quality.

Report shall include an evaluation of the lake geometry and natural lake characteristics that influence the operation of the system including:
x Depth from temperature and sediment accumulation
x Surface area and perimeter geometry
x Circulation and edge erosion
x Dominant wind direction
x Dredging
x Filtration system options, including pumps, skimmers, inlet locations, aeration The anticipated Water Quality Control System should include but is not limited to the following elements:
x Aeration System
x Horizontal Circulation System
x Aerobic Biofiltration System
x Anoxic Biofiltration System
x Aquatic Vegetation
x Wetland Filtration
x Lake Liner System
x Fishery Stocking Plan
x Artificial Reefs
x Fish Spawning Areas
x Naturalized Lake Maintenance
¾ Deliverables from this task shall include a technical report which summarizes and documents findings, recommendation options for types of “state of the art” circulation/aeration systems that will best help with management of lake quality, and related cost estimates for each.

Task 6: Pre-Design Engineering
Preliminary design phase shall include meeting with City Staff to discuss evaluations report and draw conclusions for construction/renovation scope of work.

Task 7: Design Development (60% Plans)
Design development phase will involve development plans based upon Task 3-6 information and analysis. Plans shall also include preliminary civil, mechanical, electrical and plumbing engineering, and site construction as occurs, draft technical specifications and cost estimate.

System improvements shall include, but may not be limited to:
x Pump vaults (remove, replace, reconstruct)
x Pump replacement
x Skimmers: Replace and increase number
x Aeration tubing, discs/pods replacement
x New fountain jet and air compressor(s) installation (potentially with accent lighting) x New in-lake submerged biofilter
x Introduction of new aquatic vegetation (wetland planters) x New Biologic, wetland and /or aquatic vegetation filters City Council 17 – 18 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

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x New artificial reefs
x Employ measures to encourage growth of vascular vegetation ¾ Deliverables from this task shall include a 60% set of plans, draft outline specification and “Opinion of Probable Cost”.

Task 8: Construction Documents (90% and 100% Plans)
Construction Documents (CDs) shall include finalizing plans and specifications 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. ¾ Deliverables from this task shall include 90% and 100% plans, final technical specifications, and finalized “Opinion of Probable Cost”.
x Contract Documents shall be reviewed at 90% and 100%. x Updated Cost Estimate shall be provided. Project phasing may need to be considered and x Contract Documents may need to be structured accordingly pending available construction funding.
x Review sets shall be provided in .pdf format.
x Final plans shall be provided in Micro station V8i format and .pdf format. x Technical Specifications shall be written using Microsoft Word. The City will provide the specification boiler plate to the Consultant.
x Quantity calculations shall be provided for items that are applicable to this project, and prepare and provide cost estimates at milestone stages. x A list of contract pay items with the descriptions and estimated quantities shall be provided for inclusion in Bid Proposal and Definition of Bid Items of City Boiler Plate. x All plan sheets and the title sheet of the specifications, calculations and reports shall be signed and stamped, including license number and expiration date, by the Consultant’s State of California Registered Professional Engineer responsible for the project. x Coordinate plan check with the City of Santa Ana and other agencies including but not limited to City of Santa Ana Public Works Design, Water and Construction Engineering Divisions, and Parks Recreation & Community Services Division, California Department of Fish and Game, the California State Department of Agriculture, Vector Control, National Pollution Discharge Elimination Permit (NPDES) and the California Regional Water Quality Control Board. .

Plan Check & Permits:

Construction drawings shall be in accordance with the 2022 California Building Code and will require review/approval by the City Planning and Building Agency.

Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. It is imperative that the consultant exercise care and completeness when implementing plan check comments, to keep project moving more as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures. 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 City Council 17 – 19 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

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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, unit costs and known or anticipated changes in the bidding market relative to the project. A cost for lake operations for the recommendations including plans and concept level should be included. Should project scope exceed available budget, project plans/specifications will be phased as appropriate.

Task 9: 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, reviewing addenda or conflicts arising out of the bidding process within three (3) working days. Consultant shall also attend pre-bid meeting, if scheduled.

Construction Administration
Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals.

Record Drawings / As-built Plans:

Upon construction completion, consultant shall incorporate as-built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives.

City Responsibilities:

The City will be responsible for the following items:
x Provision of available plans and existing documentation on file relating to the lake system and operation. x Provision of electronic design file with City title block and title sheet (24" x 36") x Provision of standard City boilerplate specifications. x Acting as a liaison with the appropriate decision-making bodies, as necessary. x Coordinate plan check within the City.
x Fees including but not limited to plan check fees, review fees, permit fee, application fees.

Fee Proposal:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

Task 1: Research and Site Reconnaissance
Task 2: Water Quality Sampling and Assessment/Report
Task 3: Survey and Analyses
Task 4: Lake Liner System Design
Task 5: Evaluation and Recommendations
Task 6: Preliminary Design Engineering
Task 7: Design Development
Task 8: Construction Documents
Task 9: Bid Advertisement, Construction Administration, Record Drawings Total Fee: _____________
City Council 17 – 20 6/20/2023

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 17 – 21 6/20/2023
City of Santa Ana On-Call Professional Consultant Services Page i PROPOSAL:

THORNTON PARK LAKE CIRCULATION STUDY AND

RENOVATIONS PROJECT
RFP NO.: 22-151
JS&TM PRN: 23010
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City Council 17 – 22 6/20/2023
Thornton Park Lake Circulation Study & Renovations Page i dĂďůĞŽĨŽŶƚĞŶƚƐ
A. Cover Letter ........................................................................................................................................................ 1 B. Agreement Statement ...................................................................................................................................... 3 Service Agreement ................................................................................................................................ 3 Financial Responsibility ........................................................................................................................ 3 Company Disclosure ............................................................................................................................. 3 Insurance Requirements ...................................................................................................................... 3 C. Firm and Team Experience .............................................................................................................................. 4 Specialized Training .............................................................................................................................. 4 Company Overview ................................................................................................................................ 4 Qualifications ......................................................................................................................................... 5 Organizational Chart ............................................................................................................................. 6 Resumes ................................................................................................................................................ 6 D. Understanding / Scope of Services ................................................................................................................ 7 Scope of Work ....................................................................................................................................... 8 E. Relevant Project Experience ......................................................................................................................... 14 F. Schedule ......................................................................................................................................................... 17 G. References ...................................................................................................................................................... 17 H. Fee ................................................................................................................................................................... 19 Appendix - A ........................................................................................................................................................... 20 I. Figure-1 Proposed Lake Features................................................................................................................ 20 II. Figure-2 Project Schedule ............................................................................................................................. 20 III. Resumes ......................................................................................................................................................... 20 IV. City Forms ....................................................................................................................................................... 20 City Council 17 – 23 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 1 A. Cover Letter
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ϯϯϭϲϭĂŵŝŶŽĂƉŝƐƚƌĂŶŽ͕^ƵŝƚĞͲ
City Council 17 – 24 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 2 ^ĂŶ:ƵĂŶĂƉŝƐƚƌĂŶŽ͕ϵϮϲϳϱ
d͗ϵϰϵ͘ϮϭϮ͘Ϭϵϭϲ
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ĂŶĚdŝŵDƵůŝ͕W
͕ǁŚŽĂƌĞďŽƚŚĂƵƚŚŽƌŝǌĞĚƚŽďŝŶĚ:^ΘdD͘
tĞůŽŽŬĨŽƌǁĂƌĚƚŽƚŚĞŽƉƉŽƌƚƵŶŝƚǇƚŽĚŝƐĐƵƐƐŽƵƌƉƌŽƉŽƐĂůǁŝƚŚƚŚĞĐŝƚǇƐƚĂĨĨŝŶŐƌĞĂƚĞƌĚĞƚĂŝů͘ KƵƌŽĨĨŝĐĞĂŶĚŵĂŝůŝŶŐĂĚĚƌĞƐƐŝƐƐŚŽǁŶďĞůŽǁ͗
ϯϯϭϲϭĂŵŝŶŽĂƉŝƐƚƌĂŶŽ͕^ƵŝƚĞͲ
^ĂŶ:ƵĂŶĂƉŝƐƚƌĂŶŽ͕ϵϮϲϳϱ
d͗ϵϰϵ͘ϮϭϮ͘ϬϵϭϲŽƌϵϰϵ͘ϯϳϴ͘ϬϲϯϮ
ŚƚƚƉƐ͗ͬͬǁǁǁ͘ũƐƚŵŝŶĐ͘ĐŽŵͬ
^ŝŶĐĞƌĞůǇ͕
ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ :ŽŶŝƐ^ŵŝƚŚ͕W
͕&D͕Y^ͬW͕
Ŷǀ^W dŝŵDƵůŝ͕W
͕&D͕Y^ͬW͕>

W
WƌŝŶĐŝƉĂů WƌŝŶĐŝƉĂů
City Council 17 – 25 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 3 B. Agreement Statement
^ĞƌǀŝĐĞŐƌĞĞŵĞŶƚ
:^ΘdDƚĂŬĞƐŶŽĞǆĐĞƉƚŝŽŶƐƚŽƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂ^ƚĂŶĚĂƌĚŽŶƐƵůƚĂŶƚͬŽŶƚƌĂĐƚŽƌŐƌĞĞŵĞŶƚ͘ x :^ΘdDĂƐƐŝŐŶƐ:ŽŶŝƐ^ŵŝƚŚ͕W
ĂƐƚŚĞZĞƐƉŽŶƐŝďůĞZĞƉƌĞƐĞŶƚĂƚŝǀĞ
x :^ΘdDĂƐƐŝŐŶƐdŝŵDƵůŝ͕W
ƚŽďĞƚŚĞůƚĞƌŶĂƚĞZĞƐƉŽŶƐŝďůĞZĞƉƌĞƐĞŶƚĂƚŝǀĞ
x dŚĞZĞƐƉŽŶƐŝďůĞZĞƉƌĞƐĞŶƚĂƚŝǀĞǁŝůůƉĞƌĨŽƌŵƚŚĞĂƐƐŝŐŶĞĚƚĂƐŬƐĂƐƉĂƌƚŽĨƚŚŝƐƉƌŽũĞĐƚ͘ x ŽƚŚ:ŽŶŝƐĂŶĚdŝŵǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂůůĚƵƚŝĞƐĨƌŽŵĐŽŶƚƌĂĐƚŶĞŐŽƚŝĂƚŝŽŶƐƚŚƌŽƵŐŚƉƌŽũĞĐƚĐŽŵƉůĞƚŝŽŶ͘/Ĩ :ŽŶŝƐ^ŵŝƚŚ͕W
ŝƐƵŶĂďůĞƚŽĐŽŶƚŝŶƵĞǁŝƚŚƚŚĞƉƌŽũĞĐƚ͕ƚŚĞŶƚŚĞdŝŵDƵůŝ͕W ǁŝůůďĞĐŽŵĞƚŚĞƉƌŝŵĂƌǇ
ƌĞƉƌĞƐĞŶƚĂƚŝǀĞ͘
x :^ΘdDǁŝůůƉƌŽǀŝĚĞŶĞĐĞƐƐĂƌǇƉĞƌƐŽŶŶĞů͕ŝŶƐƚƌƵŵĞŶƚƐ͕ĞƋƵŝƉŵĞŶƚ͕ĂŶĚŵĂƚĞƌŝĂůƐƚŽƉĞƌĨŽƌŵƚŚĞƐĞƌǀŝĐĞƐ ĚĞƐĐƌŝďĞĚŝŶƚŚĞZ&W͘
&ŝŶĂŶĐŝĂůZĞƐƉŽŶƐŝďŝůŝƚǇ
:^ΘdDŝƐĂĚĞďƚͲĨƌĞĞĨŝŶĂŶĐŝĂůůǇƐŽƵŶĚĐŽŶƐƵůƚŝŶŐĨŝƌŵǁŝƚŚƐƵĨĨŝĐŝĞŶƚĐĂƐŚƌĞƐĞƌǀĞƐĂŶĚƌĞƐŽƵƌĐĞƐƚŽƉƌŽǀŝĚĞƌĞůŝĂďůĞĐŽŶƐƵůƚŝŶŐ ƐĞƌǀŝĐĞƐĨŽƌƚŚĞĚƵƌĂƚŝŽŶŽĨƚŚŝƐĐŽŶƚƌĂĐƚ͘dŚĞĨŝƌŵŚĂƐŶŽĐŽŶĚŝƚŝŽŶƐƚŚĂƚǁŽƵůĚŝŵƉĞĚĞŽƵƌĂďŝůŝƚǇƚŽĐŽŵƉůĞƚĞƚŚĞĐŽŶƚƌĂĐƚ͘ ŽŵƉĂŶǇŝƐĐůŽƐƵƌĞ
:^ΘdDĂŶĚŝƚƐƐƚĂĨĨĚŽĞƐŶŽƚŚĂǀĞĂŶǇƉĂƐƚŽƌĐƵƌƌĞŶƚďƵƐŝŶĞƐƐŽƌƉĞƌƐŽŶĂůƌĞůĂƚŝŽŶƐŚŝƉƐǁŝƚŚĂŶǇĐƵƌƌĞŶƚŝƚǇŽĨ^ĂŶƚĂŶĂ ĞůĞĐƚĞĚŽĨĨŝĐŝĂů͕ĂƉƉŽŝŶƚĞĚŽĨĨŝĐŝĂů͕ŝƚǇĞŵƉůŽǇĞĞ͕ŽƌĨĂŵŝůǇŵĞŵďĞƌŽĨĂŶǇĐƵƌƌĞŶƚŝƚǇŽĨ^ĂŶƚĂŶĂĞůĞĐƚĞĚŽĨĨŝĐŝĂů͕ĂƉƉŽŝŶƚĞĚ ŽĨĨŝĐŝĂů͕ŽƌŝƚǇĞŵƉůŽǇĞĞ͘
/ŶƐƵƌĂŶĐĞZĞƋƵŝƌĞŵĞŶƚƐ
/ĨƐĞůĞĐƚĞĚ͕:^ΘdDǁŝůůƉƌŽǀŝĚĞĐĞƌƚŝĨŝĐĂƚĞƐŽĨŝŶƐƵƌĂŶĐĞŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞŵĞŶƚƐƐƚĂƚĞĚŝŶƚŚĞŝƚǇŽĨ ^ĂŶƚĂŶĂ^ƚĂŶĚĂƌĚŽŶƐƵůƚĂŶƚͬŽŶƚƌĂĐƚŽƌŐƌĞĞŵĞŶƚ͘
City Council 17 – 26 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 4 C. Firm and Team Experience
KǀĞƌ ƚŚĞ ƉĂƐƚ ϮϬ ƉůƵƐ ǇĞĂƌƐ͕ :^ΘdD ƐƚĂĨĨ ŚĂǀĞ ƉƌŽǀŝĚĞĚ ůĂŬĞ ĂŶĚ ǁĂƚĞƌ ĨĞĂƚƵƌĞ ĚĞƐŝŐŶ ĂŶĚ ĐŽŶƐƵůƚŝŶŐ ƐĞƌǀŝĐĞƐ ĨŽƌ ŵƵŶŝĐŝƉĂůŝƚŝĞƐ͕ŚŽŵĞŽǁŶĞƌƐĂƐƐŽĐŝĂƚŝŽŶƐ͕ŐŽůĨĐŽƵƌƐĞŽǁŶĞƌƐ͕ĂŶĚŵĂũŽƌďƵŝůĚĞƌƐƐƵĐŚĂƐŝƚǇŽĨ^ĂŶƚĂŶĂ͕ŝƚǇŽĨŽƐƚĂ DĞƐĂ͕ŝƚǇŽĨ
ƐĐŽŶĚŝĚŽ͕ŝƚǇŽĨĞƌƌŝƚŽƐ͕>ĞŶŶĂƌŽŵŵƵŶŝƚŝĞƐ͕ĞŶƚĞǆ,ŽŵĞƐ͕,ŝŐŚƉŽŝŶƚĞŽŵŵƵŶŝƚŝĞƐ͕dĞũŽŶZĂŶĐŚĂŶĚ ŽƚŚĞƌƐ͘ tĞ ĂƌĞ ŝŶƚŝŵĂƚĞůǇ ĨĂŵŝůŝĂƌ ǁŝƚŚ ůĂŬĞͬƉŽŶĚ ƌĞŶŽǀĂƚŝŽŶ ĚĞƐŝŐŶ ƉƌŽĐĞĚƵƌĞƐ͕ ƌĞŐƵůĂƚŝŽŶƐ͕ ĂŶĚ ƐƚĂŶĚĂƌĚƐ͘ KƵƌ ĐŽŵďŝŶĞĚϮϱͲǇĞĂƌƐŽĨ>ĂŬĞĂŶĚtĂƚĞƌ&ĞĂƚƵƌĞĞƐŝŐŶĂŶĚ ŶŐŝŶĞĞƌŝŶŐĞǆƉĞƌŝĞŶĐĞŚĂƐŐŝǀĞŶƵƐƚŚĞŽƉƉŽƌƚƵŶŝƚǇƚŽďĞĐŽŵĞ ǀĞƌǇĨĂŵŝůŝĂƌǁŝƚŚĞĂĐŚƉŚĂƐĞŽĨůĂŬĞͬƉŽŶĚĚĞǀĞůŽƉŵĞŶƚĨƌŽŵƉůĂŶŶŝŶŐƚŚƌŽƵŐŚĐŽŶƐƚƌƵĐƚŝŽŶ͘tĞƐƉĞĐŝĂůŝǌĞŝŶ>ĂŬĞͬWŽŶĚ ĞƐŝŐŶ͕
ŶŐŝŶĞĞƌŝŶŐ͕ĂŶĚŽŶƐƚƌƵĐƚŝŽŶ͘tĞŚĂǀĞĞǆƚĞŶƐŝǀĞĞǆƉĞƌŝĞŶĐĞƌĞǀŝĞǁŝŶŐůĂŬĞƐĂŶĚĚĞƐŝŐŶŝŶŐƌĞŶŽǀĂƚŝŽŶƉůĂŶƐƚŽ ƚƌĂŶƐĨŽƌŵůĂŬĞƐŝŶƚŽǀĂůƵĂďůĞĐŽŵŵƵŶŝƚǇĂƐƐĞƚƐ͘

^ƉĞĐŝĂůŝǌĞĚdƌĂŝŶŝŶŐ
Dƌ͘:ŽŶŝƐ͘^ŵŝƚŚ͕W
͕&D͕Y^ͬW͕
Ŷǀ^WĂŶĚDƌ͘dŝŵDƵůŝ͕W
͕&D͕Y^ͬW͕>

WĂƌĞŽƵƌWƌŝŶĐŝƉĂůŝǀŝů
ŶŐŝŶĞĞƌƐ͘
ŽƚŚŚŽůĚĂĂĐŚĞůŽƌŽĨ^ĐŝĞŶĐĞŝŶŝǀŝů
ŶŐŝŶĞĞƌŝŶŐ͕ĂDĂƐƚĞƌŽĨ^ĐŝĞŶĐĞŝŶŝǀŝů
ŶŐŝŶĞĞƌŝŶŐ͕ĂŶĚŵƵůƚŝƉůĞƉƌŽĨĞƐƐŝŽŶĂů
ůŝĐĞŶƐĞƐĂŶĚƚĞĐŚŶŝĐĂůĐĞƌƚŝĨŝĐĂƚŝŽŶƐ͘:ŽŶŝƐĂŶĚdŝŵŚĂǀĞŽǀĞƌϰϴͲǇƌƐŽĨĐŽŵďŝŶĞĚƉƌŽĨĞƐƐŝŽŶĂůĞǆƉĞƌŝĞŶĐĞĚĞůŝǀĞƌŝŶŐŝǀŝů

ŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐƚŚƌŽƵŐŚŽƵƚ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂ͘Dƌ͘^ŵŝƚŚĂůƐŽŚĂƐƵŶŝƋƵĞƚƌĂŝŶŝŶŐŝŶƚŚĞĚĞƐŝŐŶĂŶĚĞŶŐŝŶĞĞƌŝŶŐŽĨ ůĂŬĞƐĂŶĚǁĂƚĞƌĨĞĂƚƵƌĞƐ͘,ŝƐĐĂƌĞĞƌƉĂƚŚƉƌŽǀŝĚĞĚŚŝŵǁŝƚŚƚŚĞĞǆƚƌĂŽƌĚŝŶĂƌǇĂŶĚƵŶŝƋƵĞĞǆƉĞƌŝĞŶĐĞŽĨďĞŝŶŐƚƌĂŝŶĞĚďǇ ĂŶĚǁŽƌŬŝŶŐĚŝƌĞĐƚůǇǁŝƚŚ:͘,ĂƌůĂŶ'ůĞŶŶ͕:ŽŚĂŶWĞƌƐůŽǁ͕ĂŶĚ<ĞŶŶĞƚŚZ͘<ŝŶŐ͖ƚŚĞƚŚƌĞĞŵŽƐƚĞǆƉĞƌŝĞŶĐĞĚůĂŬĞĞŶŐŝŶĞĞƌƐ ŝŶƚŚĞƐŽƵƚŚǁĞƐƚĞƌŶhŶŝƚĞĚ^ƚĂƚĞƐ͘dŚĞƌĞŝƐŶŽŽƚŚĞƌůĂŬĞĞŶŐŝŶĞĞƌƚŚĂƚŚĂƐƌĞĐĞŝǀĞĚĚŝƌĞĐƚƚƌĂŝŶŝŶŐĂŶĚǁŽƌŬĞĚǁŝƚŚĂůů ƚŚƌĞĞŽĨ ƚŚĞƐĞĚĞƐŝŐŶĞƌƐ͘Dƌ͘^ŵŝƚŚĚĞǀĞůŽƉĞĚĂĚĞƐŝŐŶĂƉƉƌŽĂĐŚ ƚŚĂƚ ƚĂŬĞƐ ƚŚĞďĞƐƚŽĨ ƚŚĞĚĞƐŝŐŶƐ ƚŚĂƚŚŝƐ ƚĞĂĐŚĞƌƐ ĚĞǀĞůŽƉĞĚ͕ ĐŽŵďŝŶĞƐ ƚŚĞŵ ƚŽ ĐƌĞĂƚĞ Ă ƐƵƉĞƌŝŽƌ ĚĞƐŝŐŶ ĂƉƉƌŽĂĐŚ ƚŚĂƚ ďĞƚƚĞƌƐ ƚŚĞŝƌ ǁŽƌŬ͕ ĂŶĚ ƚŚĞŶ ĂĚĚĞĚ ŚŝƐ ŽǁŶ ƚĞĐŚŶŝƋƵĞƐ ƚŽ ĐƌĞĂƚĞ Ă ĚĞƐŝŐŶ ĂƉƉƌŽĂĐŚ ƚŚĂƚ ƌĞƐƵůƚƐ ŝŶ ƐƵƉĞƌŝŽƌ ǁĂƚĞƌ ƋƵĂůŝƚǇ͕ ŵĂŝŶƚĂŝŶĂďŝůŝƚǇ͕ ƐĂĨĞƚǇ͕ ĂŶĚ ĂƋƵĂƚŝĐ ĞĐŽƐǇƐƚĞŵŚĞĂůƚŚ͘Dƌ͘^ŵŝƚŚǁĂƐĂůƐŽƚƌĂŝŶĞĚŝŶƚŚĞƚĞĐŚŶŝƋƵĞƐĂŶĚƉƌĂĐƚŝĐĞƐŽĨůĂŬĞŵĂŶĂŐĞŵĞŶƚďǇĂǀĞ'ůĞŶŶŽĨ>ĂŬĞ DĂŶĂŐĞŵĞŶƚ/ŶĐ͕;>D/Ϳ͘
ŽŵƉĂŶǇKǀĞƌǀŝĞǁ
:^ΘdDŝƐĂĚĞďƚͲĨƌĞĞĞŵƉůŽǇĞĞͲŽǁŶĞĚĨŝƌŵ͘tĞĐƵƌƌĞŶƚůǇŚĂǀĞƚǁŽ;ϮͿĨƵůůƚŝŵĞƉƌŽĨĞƐƐŝŽŶĂůĞŶŐŝŶĞĞƌƐŽŶƐƚĂĨĨ͕ƚŚƌĞĞ;ϯͿ ŽŶͲĐĂůů ĚĞƐŝŐŶĞƌͬĚƌĂĨƚĞƌƐ͕ ƚŚƌĞĞ ;ϯͿŽŶͲĐĂůů ƐĞŶŝŽƌĞŶŐŝŶĞĞƌƐĞĂĐŚǁŝƚŚŽǀĞƌ ϮϱͲǇƌƐĞǆƉĞƌŝĞŶĐĞ͕ĂŶĚĞŝŐŚƚ ;ϴͿůŽŶŐͲƚĞƌŵ ƚĞĂŵŝŶŐƉĂƌƚŶĞƌƐƚŚĂƚƐƵƉƉŽƌƚŽƵƌƚĞĂŵĂƐŶĞĞĚĞĚ͘dŚŝƐĐŽŵƉĂŶǇƐƚƌƵĐƚƵƌĞĂůůŽǁƐƵƐƚŽĂĚũƵƐƚƚŽƉƌŽũĞĐƚŶĞĞĚƐƌĂƉŝĚůǇƚŽ ƚĂŬĞŽŶďŽƚŚůĂƌŐĞĂŶĚƐŵĂůůƉƌŽũĞĐƚƐǁŚŝůĞŵĂŝŶƚĂŝŶŝŶŐĂůŽǁŽǀĞƌŚĞĂĚĂŶĚƉĂƐƐŝŶŐŽŶƚŚĞƐĂǀŝŶŐƐƚŽŽƵƌĐůŝĞŶƚƐ͘ :^ΘdDŝƐďŽƵƚŝƋƵĞƐĞƌǀŝĐĞƐŝǀŝů
ŶŐŝŶĞĞƌŝŶŐĨŝƌŵƚŚĞƐƉĞĐŝĂůŝǌĞƐŝŶ>ĂŬĞͬWŽŶĚĞƐŝŐŶ͕ĂŶĚ^ƚŽƌŵǁĂƚĞƌ ŶŐŝŶĞĞƌŝŶŐ͘
tĞƵƚŝůŝǌĞĂƵŶŝƋƵĞƐƚĂĨĨŝŶŐĂƌƌĂŶŐĞŵĞŶƚǁŝƚŚĂƐŵĂůůŝŶͲŚŽƵƐĞƚĞĂŵƚŚĂƚŝƐƐƵƉƉŽƌƚĞĚďǇĂƉŽŽůŽĨƚĞĐŚŶŝĐĂůĞǆƉĞƌƚƐ ĂŶĚƚĞĂŵŝŶŐƉĂƌƚŶĞƌƐƚŽĚƌĂǁƵƉŽŶĂƐͲŶĞĞĚĞĚŝŶŽƌĚĞƌƚŽƐƚĂĨĨƚŚĞƉƌŽũĞĐƚǁŝƚŚƚŚĞƌŝŐŚƚĞǆƉĞƌƚƐǁŚŝůĞŬĞĞƉŝŶŐŽƵƌ ŽǀĞƌŚĞĂĚůŽǁ͘dŚŝƐƐƚĂĨĨŝŶŐĂƌƌĂŶŐĞŵĞŶƚĂůůŽǁƐƵƐƚŽƐĐĂůĞƵƉŽƌĚŽǁŶĂƉƉƌŽƉƌŝĂƚĞůǇĨŽƌƚŚĞƉƌŽũĞĐƚĂŶĚƉƌŽǀŝĚĞ ĞǆƉĞƌƚƐĞƌǀŝĐĞƐĂƚĂůŽǁĞƌƌĂƚĞƚŚĂŶŽƵƌĐŽŵƉĞƚŝƚŽƌƐ͘KƵƌĐůŝĞŶƚƐďĞŶĞĨŝƚĨƌŽŵƌĞĐĞŝǀŝŶŐĂƉƌŽƉĞƌůǇƐƚĂĨĨĞĚƉƌŽũĞĐƚ ǁŝƚŚƐĞĂƐŽŶĞĚƉƌŽĨĞƐƐŝŽŶĂůƐĂůůĂƚĂůŽǁĞƌ ĨĞĞ͘tŚĞƚŚĞƌ ƚŚĞƉƌŽũĞĐƚƐĂƌĞůĂƌŐĞƐĐĂůĞƉůĂŶŶŝŶŐƉƌŽũĞĐƚƐ͕ŽƌƐŵĂůů ĞŶŐŝŶĞĞƌŝŶŐ ƐƚƵĚŝĞƐǁĞ ŚĂǀĞ ƚŚĞ ƐƚĂĨĨ ƚŚĂƚ ŚĂƐ ƚŚĞ ŝŶŐĞŶƵŝƚǇ ƚŽ ĚĞůŝǀĞƌ ĐƌĞĂƚŝǀĞ͕ ƐĞŶƐŝďůĞ͕ ĐŽƐƚͲĞĨĨĞĐƚŝǀĞ ĚĞƐŝŐŶ ƐŽůƵƚŝŽŶƐĨŽƌǇŽƵƌƵŶŝƋƵĞĂŶĚĐŚĂůůĞŶŐŝŶŐƉƌŽũĞĐƚƐ͘
KƵƌƚĞĂŵŚĂƐŝŵŵĞŶƐĞĞǆƉĞƌŝĞŶĐĞŝŶ>ĂŬĞZĞŶŽǀĂƚŝŽŶ
ŶŐŝŶĞĞƌŝŶŐĂŶĚĞƐŝŐŶ͘KƵƌWƌŝŶĐŝƉĂů
ŶŐŝŶĞĞƌŝŶŐ͕:ŽŶŝƐ^ŵŝƚŚ͕
W
ǁĂƐƚƌĂŝŶĞĚŝŶƚŚĞŚŝŐŚůǇŶƵĂŶĐĞĚĂƌƚĂŶĚƐĐŝĞŶĐĞŽĨůĂŬĞĂŶĚǁĂƚĞƌĨĞĂƚƵƌĞĚĞƐŝŐŶĂŶĚĞŶŐŝŶĞĞƌŝŶŐďǇƚŚƌĞĞ;ϯͿŽĨ ƚŚĞƉƌĞŵŝĞƌůĂŬĞĂŶĚǁĂƚĞƌĨĞĂƚƵƌĞĚĞƐŝŐŶĞƌƐŝŶƚŚĞǁŽƌůĚ͗:͘,ĂƌůĂŶ'ůĞŶŶW ͕:ŽŚĂŶWĞƌƐůŽǁW
͕ĂŶĚ<ĞŶŶĞƚŚZ͘<ŝŶŐ
W
͘tĞŵĞĞƚĂŶĚĞǆĐĞĞĚĂůůƚŚĞĞǆƉĞƌŝĞŶĐĞĂŶĚƋƵĂůŝĨŝĐĂƚŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐƐƵŵŵĂƌŝǌĞĚŝŶƚŚĞZ&W͘ City Council 17 – 27 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 5 YƵĂůŝĨŝĐĂƚŝŽŶƐ
KƵƌ ƐƚĂĨĨ ŚĂƐĂŶŝŵŵĞŶƐĞĂŵŽƵŶƚ ŽĨĞǆƉĞƌŝĞŶĐĞ ƉƌŽǀŝĚŝŶŐ ůĂŬĞͬƉŽŶĚĞŶŐŝŶĞĞƌŝŶŐ ƐĞƌǀŝĐĞƐĂŶĚ ŚĂǀĞ ƚŚĞĐĂƉĂĐŝƚǇĂŶĚ ĞǆƉĞƌŝĞŶĐĞƚŚĂƚŵĞĞƚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐƐƵŵŵĂƌŝǌĞĚŝŶƚŚĞZ&W͕ǁŚŝĐŚŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐ͗ x
ǆƉĞƌŝĞŶĐĞŽĨWƌŽũĞĐƚ^ƵƉĞƌǀŝƐŽƌ͗:^ΘdD͛ƐĚĞƐŝŐŶĂƚĞĚƉƌŽũĞĐƚŵĂŶĂŐĞƌ͕:ŽŶŝƐ^ŵŝƚŚ͕W ͕&D͕Y^ͬW͕
Ŷǀ^WŚĂƐ
ŽǀĞƌϮϬǇĞĂƌƐŽĨƐƉĞĐŝĨŝĐůĂŬĞĞŶŐŝŶĞĞƌŝŶŐĂŶĚĚĞƐŝŐŶĞǆƉĞƌŝĞŶĐĞĂŶĚǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞĚĞůŝǀĞƌǇŽĨƐĞƌǀŝĐĞƐ ƌĞƋƵĞƐƚĞĚďǇƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂ͘Dƌ͘^ŵŝƚŚŚĂƐĐŽŶƐƵůƚĞĚŶƵŵĞƌŽƵƐůĂŬĞŽǁŶĞƌƐŽŶƐŽůǀŝŶŐƚŚĞƉƌŽďůĞŵƐǁŝƚŚ ƚŚĞŝƌůĂŬĞƐĂŶĚƌĞŶŽǀĂƚĞĚŵĂŶǇůĂŬĞƐŽǀĞƌƚŚĞůĂƐƚϮϳǇĞĂƌƐ͘ x
ǆƉĞƌŝĞŶĐĞŽĨ:^ΘdDdĞĂŵ;dĞĂŵŝŶŐWĂƌƚŶĞƌƐǁŽƌŬŝŶŐƚŽŐĞƚŚĞƌͿ͗KƵƌƉƌŽƉŽƐĞĚƚĞĂŵŚĂƐǁŽƌŬƚŽŐĞƚŚĞƌŽǀĞƌ ŵĂŶǇǇĞĂƌƐĚĞǀĞůŽƉŝŶŐƵŶŝƋƵĞƉƌŽũĞĐƚƐƐŽůƵƚŝŽŶƐĂŶĚŚĂǀĞďĞĞŶƉĂƌƚŽĨŵƵůƚŝƉůĞĂǁĂƌĚͲǁŝŶŶŝŶŐƉƌŽũĞĐƚƐǁŝƚŚŝŶ ƚŚĞƌĞŐŝŽŶ͘KƵƌƚĞĂŵŝƐĐƵƌƌĞŶƚůǇǁŽƌŬŝŶŐƚŽŐĞƚŚĞƌŽŶƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂĞŶƚĞŶŶŝĂůWĂƌŬ>ĂŬĞƉƌŽũĞĐƚ͕>ĞŶŶĂƌ ZŽĐŬƉŽƌƚ >ĂŬĞ WƌŽũĞĐƚ͕ ĂŶĚ ƚŚĞ ,ŝŐŚƉŽŝŶƚĞ ŽŵŵƵŶŝƚŝĞƐ KƐŽ ZĂŶĐŚ ƉƌŽũĞĐƚ͘ tĞ ŚĂǀĞ ǁŽƌŬĞĚ ŽŶ ŶƵŵĞƌŽƵƐ ƉƌŽũĞĐƚƐƚŽŐĞƚŚĞƌŝŶƚŚĞƉĂƐƚĂŶĚŚĂǀĞĂŐƌĞĂƚƚĞĂŵŝŶŐƌĞůĂƚŝŽŶƐŚŝƉƚŚĂƚďĞŶĞĨŝƚƐĞĂĐŚĨŝƌŵĂŶĚŽƵƌĐůŝĞŶƚƐ͘ x
ǆƉĞƌŝĞŶĐĞǁŝƚŚ^ŝŵŝůĂƌWƌŽũĞĐƚ͗KƵƌůĞĂĚƉƌŽũĞĐƚĞŶŐŝŶĞĞƌĂŶĚƉƌŽũĞĐƚŵĂŶĂŐĞƌŚĂƐĞǀĂůƵĂƚĞĚ͕ĚĞƐŝŐŶĞĚ͕ĂŶĚ ĐŽŶƐƵůƚĞĚĐůŝĞŶƚƐŽŶŵŽƌĞƚŚĂŶϱϬůĂŬĞƉƌŽũĞĐƚƐ͘KƵƌ ƚĞĂŵŚĂƐƉƌŽǀŝĚĞĚƐŝŵŝůĂƌƐĞƌǀŝĐĞƐĂƐ ƌĞƋƵĞƐƚĞĚ ĨŽƌ ƚŚŝƐ ƉƌŽũĞĐƚƚŽƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂƐŝŶĐĞϮϬϭϴ͘tĞĂƌĞĐƵƌƌĞŶƚůǇƉƌŽǀŝĚŝŶŐůĂŬĞƌĞŶŽǀĂƚŝŽŶĞŶŐŝŶĞĞƌŝŶŐ͕ďŝĚƐƵƉƉŽƌƚ͕ ĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶƐƵƉƉŽƌƚƐĞƌǀŝĐĞƐƚŽƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂĨŽƌƚŚĞĞŶƚĞŶŶŝĂůWĂƌŬ>ĂŬĞZĞŶŽǀĂƚŝŽŶƉƌŽũĞĐƚ͘ x WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ͗:ŽŶŝƐ^ŵŝƚŚ͕W
͕&D͕Y^ͬW͕
Ŷǀ^W͕ǁŝůůƐĞƌǀĞĂƐWƌŽũĞĐƚDĂŶĂŐĞƌĂŶĚǁŝůůďĞƚŚĞƉƌŝŵĂƌǇ ƉŽŝŶƚŽĨĐŽŶƚĂĐƚĨŽƌƚŚĞĐŝƚǇĚƵƌŝŶŐƚŚĞůŝĨĞŽĨƚŚĞĂŐƌĞĞŵĞŶƚ͘Dƌ͘^ŵŝƚŚǁŝůůďĞƐƵƉƉŽƌƚĞĚďǇdŝŵDƵůŝ͕W ͕&D͕
Y^ͬW͕>

W͕ǁŚŽǁŝůůĂĐƚĂƐWƌŝŶĐŝƉĂůŝŶŚĂƌŐĞ͘:^ΘdDďĞůŝĞǀĞƐƚŚĞŬĞǇƚŽƐƵĐĐĞƐƐŝŶƉƌŽũĞĐƚŵĂŶĂŐĞŵĞŶƚŝƐ ĞǆĐĞůůĞŶƚĐŽŵŵƵŶŝĐĂƚŝŽŶ͕ǁŚŝĐŚŝƐĂŚĂůůŵĂƌŬŽĨŽƵƌďƵƐŝŶĞƐƐ͘KƵƌĂƉƉƌŽĂĐŚƚŽĞǀĞƌǇƉƌŽũĞĐƚŝƐƚŽĐŽŵŵƵŶŝĐĂƚĞ ĞĨĨĞĐƚŝǀĞůǇĂŶĚĨƌĞƋƵĞŶƚůǇ͘tĞĨŽůůŽǁĂŶĞƐƚĂďůŝƐŚĞĚƉƌŽũĞĐƚŵĂŶĂŐĞŵĞŶƚƉůĂŶƚŽĂĐŚŝĞǀĞƉƌŽũĞĐƚŐŽĂůƐ͕ƉƌŽũĞĐƚ ĚĞůŝǀĞƌǇ͕ ƋƵĂůŝƚǇĂƐƐƵƌĂŶĐĞĂŶĚ ƋƵĂůŝƚǇ ĐŽŶƚƌŽů͘dŚĞ<ĞǇ ƚŽ ǆĐĞůůĞŶƚWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚŝƐ
ǆĐĞůůĞŶƚ͕dŝŵĞůǇ͕
&ƌĞƋƵĞŶƚ͕
ĨĨĞĐƚŝǀĞ ĐŽŵŵƵŶŝĐĂƚŝŽŶ͘ KƵƌ WƌŽũĞĐƚ DĂŶĂŐĞƌƐ ĂƌĞ ŚŝŐŚůǇ ĞǆƉĞƌŝĞŶĐĞĚ ƚĞĐŚŶŝĐĂů ĞǆƉĞƌƚƐ ƚŚĂƚ ĂƌĞ ƚƌĂŝŶĞĚŝŶWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚĂŶĚůŝĞŶƚDĂŶĂŐĞŵĞŶƚ͘:^ΘdDǁŝůůƉƌŽǀŝĚĞŚĂŶĚƐͲŽŶƉƌŽũĞĐƚŵĂŶĂŐĞŵĞŶƚĂŶĚ ĐŽŽƌĚŝŶĂƚŝŽŶ ŽĨ ƉƌŽũĞĐƚĞůĞŵĞŶƚƐ ƚŽ ĚƌŝǀĞ ƚŚĞ ƉƌŽũĞĐƚ ĨŽƌǁĂƌĚ͘:^ΘdD ǁŝůů ŚŽƐƚ ŵŽŶƚŚůǇŵĞĞƚŝŶŐƐ ƚŽ ƉƌŽǀŝĚĞ ĚĞƚĂŝůĞĚ ƉƌŽũĞĐƚ ƐƚĂƚƵƐ ƵƉĚĂƚĞƐ͕ ƌĞǀŝĞǁ ƉƌŽũĞĐƚ ƉƌŽŐƌĞƐƐŝŽŶ ĂŐĂŝŶƐƚ ƚŚĞ ƉƌŽũĞĐƚ ƐĐŚĞĚƵůĞ͕ ĂŶĚ ĂĚĚƌĞƐƐ ĂŶǇ ƋƵĞƐƚŝŽŶƐͬĐŽŶĐĞƌŶƐ͘
<ĞǇWĞƌƐŽŶŶĞů͗KƵƌWƌŝŶĐŝƉĂů͕:ŽŶŝƐ^ŵŝƚŚ͕W
͕&D͕Y^ͬW͕
Ŷǀ^WǁŝůůďĞƚŚĞƉƌŝŵĂƌǇĐŽŶƚĂĐƚƚŽƚŚĞĐŝƚǇ͘,ĞǁŝůůďĞƚŚĞ ǁŽƌŬŝŶŐWƌŽũĞĐƚDĂŶĂŐĞƌĂŶĚĂWƌŝŶĐŝƉĂůWƌŽũĞĐƚ
ŶŐŝŶĞĞƌĨŽƌĂůůƚĂƐŬŽƌĚĞƌƐĂƐƐŝŐŶĞĚƚŽ:^ΘdD͘KƵƌWƌŝŶĐŝƉĂů͕dŝŵDƵůŝ͕ W
͕&D͕Y^ͬW͕>

WǁŝůůƐĞƌǀĞĂƐĂƐƵƉƉŽƌƚŝŶŐWƌŽũĞĐƚ
ŶŐŝŶĞĞƌĨŽƌĂůůƚĂƐŬŽƌĚĞƌƐĂƐƐŝŐŶĞĚƚŽ:^ΘdD͘Dƌ͘^ŵŝƚŚĂŶĚ Dƌ͘DƵůŝĂƌĞƐƵƉƉŽƌƚĞĚďǇŐƌŽƵƉŽĨĐŽŶƚƌĂĐƚĚĞƐŝŐŶĞƌƐĂŶĚƐĞŶŝŽƌůĞǀĞůĞŶŐŝŶĞĞƌƐĂƐǁĞůůĂƐŽƵƌƚĞĂŵŝŶŐƉĂƌƚŶĞƌƐ͘ <ĞǇWĞƌƐŽŶŶĞů
EĂŵĞ͕ZŽůĞ͕ĂŶĚ^ĞƌǀŝĐĞƐ

ĚƵĐĂƚŝŽŶĂŶĚ
ƌĞĚĞŶƚŝĂůƐ
Name: Jonis Smith, PE, CFM, QSD/P, Env SP
Role: Project Manager and Project Engineer
^ĞƌǀŝĐĞƐ͗Dƌ͘^ŵŝƚŚǁŝůůďĞƚŚĞWƌŽũĞĐƚDĂŶĂŐĞƌĂŶĚWŽŝŶƚŽĨŽŶƚĂĐƚĞŶƐƵƌŝŶŐƚŚĞƉƌŽũĞĐƚŐŽĂůƐĂƌĞ ŵĞƚĂŶĚƚŚĂƚ:^ΘdDĚĞůŝǀĞƌƐƚŚĞƉƌŽũĞĐƚ͘,ĞǁŝůůďĞĂĐƚŝǀĞůǇĞŶŐĂŐĞĚŝŶĞǀĞƌǇĂƐƉĞĐƚŽĨƚŚĞƉƌŽũĞĐƚ ƉƌŽǀŝĚŝŶŐĚĞƐŝŐŶĂŶĚĞŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐ͕ƉƌĞƉĂƌŝŶŐĚƌĂǁŝŶŐƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚĐŽŶƚƌĂĐƚ BS Civil Engineering, CSULB
MS Civil Engineering, CSULB
CA PE No. 58654
CFM No. US-14-07485
QSD/P No. 23790
Env SP No. 49408
City Council 17 – 28 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 6 <ĞǇWĞƌƐŽŶŶĞů
EĂŵĞ͕ZŽůĞ͕ĂŶĚ^ĞƌǀŝĐĞƐ

ĚƵĐĂƚŝŽŶĂŶĚ
ƌĞĚĞŶƚŝĂůƐ
ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĐŽŽƌĚŝŶĂƚŝŶŐǁŝƚŚƚŚĞŝƚǇĂŶĚŽƚŚĞƌƉƌŽũĞĐƚƚĞĂŵŵĞŵďĞƌƐƚŽĨƵůĨŝůůƚŚĞƉƌŽũĞĐƚ ƐĐŽƉĞŽĨǁŽƌŬ
27 years’ experience
EĂŵĞ͗ Tim Muli, PE, CFM, QSD/P, LEED AP
ZŽůĞ͗ Project Engineer
^ĞƌǀŝĐĞƐ͗ Dƌ͘ DƵůŝ ǁŝůů ďĞ Ă WƌŽũĞĐƚ
ŶŐŝŶĞĞƌ ĂŶĚ ǁŝůů ďĞ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌ ŵŽǀŝŶŐ ƚŚĞ ƉƌŽũĞĐƚ ĨŽƌǁĂƌĚ͘,ĞǁŝůůďĞĂĐƚŝǀĞůǇŝŶǀŽůǀĞĚŝŶĞǀĞƌǇĂƐƉĞĐƚŽĨƚŚĞƉƌŽũĞĐƚƉƌŽǀŝĚŝŶŐƌĞƐĞĂƌĐŚ͕ƉůĂŶŶŝŶŐ͕ ĚĞƐŝŐŶ͕ĂŶĚĂůůĞŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐƚŚĂƚĂƌĞƉĂƌƚŽĨĐŝƚǇĂƐƐŝŐŶĞĚƚĂƐŬŽƌĚĞƌĞŶƐƵƌŝŶŐƚŚĂƚƚŚĞŝƚǇ͛Ɛ ŶĞĞĚĂƌĞŵĞƚ͕ĂŶĚ:^ΘdDĨƵůĨŝůůƐŝƚƐƌŽůĞŝŶƚŚŝƐƉƌŽũĞĐƚ͘,ĞǁŝůůďĞĂĐƚŝǀĞůǇĞŶŐĂŐĞĚŝŶĞǀĞƌǇĂƐƉĞĐƚ ŽĨƚŚĞƉƌŽũĞĐƚƉƌŽǀŝĚŝŶŐĚĞƐŝŐŶĂŶĚĞŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐ͕ƉƌĞƉĂƌŝŶŐĚƌĂǁŝŶŐƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚ ĐŽŶƚƌĂĐƚĚŽĐƵŵĞŶƚƐ͕ĂŶĚĐŽŽƌĚŝŶĂƚŝŶŐǁŝƚŚƚŚĞŝƚǇĂŶĚŽƚŚĞƌƉƌŽũĞĐƚƚĞĂŵŵĞŵďĞƌƐƚŽĨƵůĨŝůůƚŚĞ ƉƌŽũĞĐƚƐĐŽƉĞŽĨǁŽƌŬ
BS Civil Engineering, UON, Kenya
MS, Civil Engineering, CSULA
CA PE No. 72992
TX PE No. 140273
NV PE No. 028443
CFM No. US-20-11552
QSD/P No. 27386

LEED AP
21 years’ experience
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City Council 17 – 29 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 7 D. Understanding / Scope of Services
/ƚŝƐŽƵƌƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĂƚƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂŝƐƐĞĞŬŝŶŐĂĐŽŶƐƵůƚĂŶƚƚŽƉƌŽǀŝĚĞĂƚŚŽƌŽƵŐŚĂƐƐĞƐƐŵĞŶƚŽĨĂƌůdŚŽƌŶƚŽŶ WĂƌŬ >ĂŬĞ͕ ĚĞǀĞůŽƉ Ă ĐŽŵƉƌĞŚĞŶƐŝǀĞ ƌĞŶŽǀĂƚŝŽŶ ƉůĂŶ͕ ĂŶĚ ƉƌŽǀŝĚĞ ĞŶŐŝŶĞĞƌŝŶŐ ƐĞƌǀŝĐĞƐ ƚŽ ƉƌĞƉĂƌĞ ĐŽŶƐƚƌƵĐƚŝŽŶ ĚŽĐƵŵĞŶƚƐƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶĂŶĚĞƐƚŝŵĂƚĞƐ ;W^Θ
ƐͿ ƚŽŝŵƉƌŽǀĞƚŚĞůĂŬĞƵƐĞƌĞǆƉĞƌŝĞŶĐĞĂŶĚůĂŬĞŵĂŝŶƚĂŝŶĂďŝůŝƚǇďǇ ĂĚĚƌĞƐƐŝŶŐ ĞǆŝƐƚŝŶŐ ĚĞĨŝĐŝĞŶĐŝĞƐ ŝŶ ƚŚĞ ůĂŬĞ ŵĞĐŚĂŶŝĐĂů ǁĂƚĞƌ ƋƵĂůŝƚǇ ĐŽŶƚƌŽů ƐǇƐƚĞŵ͕ ďŝŽůŽŐŝĐĂů ǁĂƚĞƌ ƋƵĂůŝƚǇ ĐŽŶƚƌŽů ƐǇƐƚĞŵ͕ůĂŬĞĨŝƐŚĞƌǇ͕ůĂŬĞĨĂĐŝůŝƚǇŝŵƉƌŽǀĞŵĞŶƚƐ;ůĂŶĚƐĐĂƉĞĂŶĚĂĐĐĞƐƐŝďůĞƉĂƚŚƐͿ͕ĂŶĚƚŚĞůĂŬĞĞĐŽƐǇƐƚĞŵ͘tĞƵŶĚĞƌƐƚĂŶĚ ƚŚĞƉƌŽũĞĐƚĐŽŶƐƚƌƵĐƚŝŽŶďƵĚŐĞƚŝƐΨϮ͘ϱŵŝůůŝŽŶĂŶĚǁŝůůƐĞĞŬƚŽĚĞǀĞůŽƉĂŶĞĨĨŝĐŝĞŶƚƌĞŶŽǀĂƚŝŽŶƉƌŽŐƌĂŵƚŚĂƚƚƌĂŶƐĨŽƌŵƐ dŚŽƌŶƚŽŶWĂƌŬ>ĂŬĞŝŶƚŽĂŶŝŵƉƌŽǀĞĚǀĂůƵĂďůĞĐŽŵŵƵŶŝƚǇĂƐƐĞƚǁŝƚŚŝŶƚŚĞŝƚǇďƵĚŐĞƚ͘ :^ΘdD͛ƐĂƉƉƌŽĂĐŚƚŽĚĞǀĞůŽƉŝŶŐĂƌĞŶŽǀĂƚŝŽŶƉůĂŶĨŽĐƵƐĞƐŽŶĂŶŝŶͲĚĞƉƚŚƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƚŚĞŽƌŝŐŝŶĂůůĂŬĞĚĞƐŝŐŶďǇ:͘ ,ĂƌůĂŶ 'ůĞŶŶ͕ ƚŚŽƌŽƵŐŚ ƌĞƐĞĂƌĐŚ ĂŶĚ ŝŶǀĞƐƚŝŐĂƚŝŽŶ ŽĨ ƚŚĞ ĞǆŝƐƚŝŶŐ ĐŽŶĚŝƚŝŽŶƐ͕ ĂĐĐƵƌĂƚĞ ŝĚĞŶƚŝĨŝĐĂƚŝŽŶ ŽĨ ĚĞĨŝĐŝĞŶƚ ĐŽŶĚŝƚŝŽŶƐĂŶĚƚŚĞŝƌĐĂƵƐĞƐ͕ĂŶĚĂŶƵŶǁĂǀĞƌŝŶŐĨŽĐƵƐŽŶĚĞůŝǀĞƌŝŶŐĂŶĂƚƵƌĂůŝǌĞĚůĂŬĞƐǇƐƚĞŵƚŚĂƚŝƐĞĂƐŝĞƌƚŽŵĂŶĂŐĞĂŶĚ ŵĂŝŶƚĂŝŶ͕ƚŚĂƚŝƐƐĂĨĞƌ͕ĂŶĚŝƐĂƉůĞĂƐĂŶƚƉŽŝŶƚŽĨŝŶƚĞƌĞƐƚĨŽƌƉĂƌŬǀŝƐŝƚŽƌƐĂŶĚƚŚĞĐŽŵŵƵŶŝƚǇ͘ dŚĞŬĞǇŵĂŝŶƚĂŝŶŝŶŐĂŚĞĂůƚŚǇůĂŬĞŝƐƚŽŶĞǀĞƌƵƐĞĐŚĞŵŝĐĂůƐƚŽŵĂŝŶƚĂŝŶĂůĂŬĞůŝŬĞĂƐǁŝŵŵŝŶŐƉŽŽůďƵƚƌĂƚŚĞƌƚŽƵƚŝůŝǌĞ ĂŶĂƚƵƌĂůŝǌĞĚŵĂŶĂŐĞŵĞŶƚĂƉƉƌŽĂĐŚƚŽŵĂŝŶƚĂŝŶĞƋƵŝůŝďƌŝƵŵďĞƚǁĞĞŶƉŽůůƵƚĂŶƚƐĂŶĚƉŽůůƵƚĂŶƚƌĞŵŽǀĂů͕ŶƵƚƌŝĞŶƚƐŝŶƉƵƚƐ ĂŶĚŶƵƚƌŝĞŶƚƌĞŵŽǀĂů͕ĂŶĚďĞƚǁĞĞŶŽǆǇŐĞŶĚĞƉůĞƚŝŽŶĂŶĚŽǆǇŐĞŶƌĞƉůĞŶŝƐŚŵĞŶƚƵƐŝŶŐŶĂƚƵƌĂůďŝŽůŽŐŝĐĂůƉƌŽĐĞƐƐĞƐƚŚĂƚ ĂƌĞƉƌĞƐĞŶƚŝŶŶĂƚƵƌĂůůĂŬĞƐ͘DŽƐƚŽĨƚŚĞƉƌŽďůĞŵƐĞǆƉƌĞƐƐĞĚďǇŝƚǇƐƚĂĨĨĂŶĚŽďƐĞƌǀĞĚĂƚdŚŽƌŶƚŽŶ>ĂŬĞŝŶĚŝĐĂƚĞƚŚĂƚ ƚŚĞ ůĂŬĞ ŝƐ ŽƵƚ ŽĨ ĞƋƵŝůŝďƌŝƵŵ͘ dŚĞ ƌĞŚĂďŝůŝƚĂƚŝŽŶ ƉůĂŶ ƌĞĐŽŵŵĞŶĚĞĚ ĨŽƌ dŚŽƌŶƚŽŶ >ĂŬĞ ǁŝůů ŝŶĐůƵĚĞ ƌĞĐŽŵŵĞŶĚĞĚ ŝŵƉƌŽǀĞŵĞŶƚƐ ƚŽ ĚĞǀĞůŽƉ Ă ĐŽŵƉůĞƚĞ EĂƚƵƌĂůŝǌĞĚ tĂƚĞƌ YƵĂůŝƚǇ ŽŶƚƌŽů ^ǇƐƚĞŵ ƚŚĂƚ ĂůůŽǁ ĨŽƌ EĂƚƵƌĂůŝǌĞĚ >ĂŬĞ DĂŶĂŐĞŵĞŶƚ͘&ŝŐƵƌĞϭƉƌŽǀŝĚĞĚŝŶƉƉĞŶĚŝǆͲƐŚŽǁƐ:^ΘdD͛ƐƉƌŽƉŽƐĞĚůĂŬĞĨĞĂƚƵƌĞƐ͕ĂŝŵĞĚĂƚĚĞǀĞůŽƉŝŶŐĂEĂƚƵƌĂůŝǌĞĚ >ĂŬĞ^ǇƐƚĞŵƚŚĂƚǁŝůůďĞĞĂƐǇŽƌŝƚǇƚŽŵĂŝŶƚĂŝŶ͘dŚĞĂŶƚŝĐŝƉĂƚĞĚEĂƚƵƌĂůŝǌĞĚtĂƚĞƌYƵĂůŝƚǇŽŶƚƌŽů^ǇƐƚĞŵĞůĞŵĞŶƚƐ ŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐ͗
ͻ ĞƌĂƚŝŽŶ^ǇƐƚĞŵ
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ͻ ĞƌŽďŝĐŝŽĨŝůƚƌĂƚŝŽŶ^ǇƐƚĞŵ
ͻ ŶŽǆŝĐŝŽĨŝůƚƌĂƚŝŽŶ^ǇƐƚĞŵ
ͻ ƋƵĂƚŝĐsĞŐĞƚĂƚŝŽŶ
ͻ tĞƚůĂŶĚ&ŝůƚƌĂƚŝŽŶ
ͻ >ĂŬĞ>ŝŶĞƌ^ǇƐƚĞŵ
ͻ &ŝƐŚĞƌǇ^ƚŽĐŬŝŶŐWůĂŶ
ͻ ƌƚŝĨŝĐŝĂůZĞĞĨƐ
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ͻ sĞĐƚŽƌŽŶƚƌŽůDĞĂƐƵƌĞƐ
ͻ tĂƚĞƌĨŽǁůWŽƉƵůĂƚŝŽŶŽŶƚƌŽůDĞĂƐƵƌĞƐ
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ͻ >ĂŬĞĚũĂĐĞŶƚtĂůŬǁĂǇƐ
ͻ ^ĞĂƚŝŶŐƌĞĂƐ
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ͻ &ŝƐŚŝŶŐŽĐŬͬWŝĞƌ
ͻ >ĂŶĚƐĐĂƉĞ/ŵƉƌŽǀĞŵĞŶƚƐͬ
ƌŽƐŝŽŶŽŶƚƌŽůDĞĂƐƵƌĞƐ
City Council 17 – 30 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 8 ^ĐŽƉĞŽĨtŽƌŬ
dĂƐŬϭ͗ZĞƐĞĂƌĐŚĂŶĚ^ŝƚĞZĞĐŽŶŶĂŝƐƐĂŶĐĞ
:^ΘdDǁŝůůƉƌŽǀŝĚĞƉƌĞůŝŵŝŶĂƌǇĞŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐƚŽĐŽůůĞĐƚĂŶĚƌĞǀŝĞǁĞǆŝƐƚŝŶŐďĂĐŬŐƌŽƵŶĚĚĂƚĂ͘ĂƚĂĐŽůůĞĐƚŝŽŶ ŝŶĐůƵĚĞƐ ƌŝŐŚƚͲŽĨͲǁĂǇ ĚŽĐƵŵĞŶƚƐ͕ ĞǆŝƐƚŝŶŐ ƵƚŝůŝƚŝĞƐ ƉůĂŶƐ͕ ƐŽŝůƐ͕ ĂŶĚ ŐĞŽůŽŐŝĐ ŝŶĨŽƌŵĂƚŝŽŶ͕ ΗĂƐͲďƵŝůƚΗ ĐŽŶƐƚƌƵĐƚŝŽŶ ĚƌĂǁŝŶŐƐ ĨŽƌ ƚŚĞůĂŬĞ͕ƉĂƌŬĂŶĚĞǆŝƐƚŝŶŐŶĞĂƌďǇƵƚŝůŝƚŝĞƐ͕ĞǆŝƐƚŝŶŐŚǇĚƌĂƵůŝĐĂŶĚŵĂƐƚĞƌƉůĂŶƐŽĨĚƌĂŝŶĂŐĞ͕ŝƌƌŝŐĂƚŝŽŶ ƉůĂŶƐ͕ƉƌĞǀŝŽƵƐƉƌŽũĞĐƚƌĞƉŽƌƚƐ͕ĂŶĚƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚƉůĂŶƐ͘ĨŝĞůĚƌĞĐŽŶŶĂŝƐƐĂŶĐĞŝŶǀĞƐƚŝŐĂƚŝŽŶŽĨƚŚĞƉƌŽũĞĐƚ ƐƚƵĚǇĂƌĞĂǁŝůůďĞƉĞƌĨŽƌŵĞĚ͘dŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶǁŝůůŝŶĐůƵĚĞĂŶŽŶƐŝƚĞŵĞĞƚŝŶŐǁŝƚŚK^WƵďůŝĐtŽƌŬƐƐƚĂĨĨƚŽ ŐĞƚŝŶƉƵƚŽŶŽďƐĞƌǀĞĚŝƐƐƵĞƐǁŝƚŚƚŚĞůĂŬĞ͕ĚŝƐĐƵƐƐŽďũĞĐƚŝǀĞƐ͕ĂŶĚĚŝƐĐƵƐƐŶĞĞĚƐĨŽƌŝŵƉƌŽǀĞĚŵĂŝŶƚĂŝŶĂďŝůŝƚǇŽĨƚŚĞ ůĂŬĞĨĂĐŝůŝƚŝĞƐ͘KƵƌƌĞƐĞĂƌĐŚǁŝůůĂůƐŽŝŶĐůƵĚĞƌĞǀŝĞǁŽĨĂǀĂŝůĂďůĞĐŝƚǇƌĞĐŽƌĚƐƌĞŐĂƌĚŝŶŐǁĂƚĞƌƵƐĂŐĞŽĨƚŚĞůĂŬĞ͕ƉŽǁĞƌ ĐŽŶƐƵŵƉƚŝŽŶŽĨƚŚĞůĂŬĞƉƵŵƉƐĂŶĚĂĞƌĂƚŽƌƐ͕ůĂŬĞŵĂŝŶƚĞŶĂŶĐĞƌĞĐŽƌĚƐ;ĂůŐĂĞƌĞŵŽǀĂů͕ĨŝƐŚŬŝůůƐ͕ǁŝůĚůŝĨĞŝƐƐƵĞƐ͕ĞƚĐ͘Ϳ͘ :^ΘdDǁŝůůĂůƐŽƉĞƌĨŽƌŵĨŝĞůĚŝŶƐƉĞĐƚŝŽŶƐŽĨƚŚĞĞǆŝƐƚŝŶŐĨĂĐŝůŝƚŝĞƐƚŽĂƐƐĞƐƐƚŚĞĐƵƌƌĞŶƚĐŽŶĚŝƚŝŽŶŽĨĞĂĐŚĐŽŵƉŽŶĞŶƚ ƐǇƐƚĞŵŽĨƚŚĞůĂŬĞ͘dŚŝƐǁŝůůŝŶĐůƵĚĞĂƐƐĞƐƐŝŶŐƚŚĞĐƵƌƌĞŶƚĐŽŶĚŝƚŝŽŶŽĨƚŚĞĨŽůůŽǁŝŶŐůĂŬĞĨĂĐŝůŝƚŝĞƐ͗ x ůĂŬĞůŝŶĞƌ;ŽďƚĂŝŶŝŶͲƐŝƚƵůŝŶĞƌƐĂŵƉůĞƐͿ
x ůĂŬĞǁĂůů
x ƌĞĐŝƌĐƵůĂƚŝŶŐƐƚƌĞĂŵůŝŶĞƌƐǇƐƚĞŵ
x ĞǆŝƐƚŝŶŐƉƵŵƉƐ
x ůĂŬĞƐŬŝŵŵĞƌƐ
x ůĂŬĞĨŝůůĐŽŶƚƌŽůǀĂůǀĞ
x ĂĐĐĞƐƐŝďůĞĂĞƌĂƚŝŽŶĞƋƵŝƉŵĞŶƚ
x ĞǆŝƐƚŝŶŐƉƵŵƉǀĂƵůƚƐĂŶĚĞůĞĐƚƌŝĐĂůƉĂŶĞůƐĂŶĚĐŽŶƚƌŽůƐ x ůĂŬĞƉĞƌŝŵĞƚĞƌůĂŶĚƐĐĂƉĞ
x ůĂŬĞĂĐĐĞƐƐƉĂƚŚƐ
x ĨŝƐŚŝŶŐͬĂŶŐůŝŶŐĨĂĐŝůŝƚŝĞƐ
x ƐŝŐŶĂŐĞ
x ƐĞĂƚŝŶŐĂƌĞĂƐ
x ƚƌĂƐŚƌĞĐĞƉƚĂĐůĞƐ
x ǁĂƚĞƌƋƵĂůŝƚǇĐŽŶƚƌŽůĨĂĐŝůŝƚŝĞƐ
x ŵĂŝŶƚĞŶĂŶĐĞĂĐĐĞƐƐƉƌŽǀŝƐŝŽŶƐ
:^ΘdD ƐƵďĐŽŶƐƵůƚĂŶƚ ;ŽŶǀĞƌƐĞ ŽŶƐƵůƚĂŶƚƐͿ ǁŝůů ŝĚĞŶƚŝĨǇ ĂŶĚ ĚŽĐƵŵĞŶƚ ƚŚĞ ŚŝƐƚŽƌŝĐ ŐƌŽƵŶĚǁĂƚĞƌ ƚĂďůĞ ƵƐŝŶŐ ƚŚĞ h^'^tĂƚĞƌĂƚĂtĞďƐŝƚĞ͕ƚŚĞĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨtĂƚĞƌZĞƐŽƵƌĐĞƐ^'DĂƚĂsŝĞǁĞƌtĞďƐŝƚĞ͕ĂŶĚŚŝƐƚŽƌŝĐ ŐƌŽƵŶĚǁĂƚĞƌŝŶĨŽƌŵĂƚŝŽŶĨƌŽŵh^'^tĂƚĞƌ^ƵƉƉůǇWĂƉĞƌƐĨƌŽŵƚŚĞĞĂƌůǇϭϵϬϬ͛Ɛ͘ŽŶǀĞƌƐĞŽŶƐƵůƚĂŶƚƐǁŝůůƉƌŽǀŝĚĞ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌĨƵƚƵƌĞŐƌŽƵŶĚǁĂƚĞƌĞůĞǀĂƚŝŽŶďĞŶĞĂƚŚƚŚĞƐŝƚĞďĂƐĞĚŽŶŶĞĂƌĨŝĞůĚǁĞůůƐĂŶĚƚƌĞŶĚƐ͘ŽŶǀĞƌƐĞ ŽŶƐƵůƚĂŶƚƐǁŝůůŽďƚĂŝŶϮͲϯƐŽŝůƐĂŵƉůĞƐƵŶĚĞƌƚŚĞŐƵŝĚĂŶĐĞŽĨ:^ΘdDĂŶĚƉƌŽǀŝĚĞƐŝĞǀĞĂŶĂůǇƐŝƐŽĨƐŽŝůƐĂŵƉůĞƐŝŶ ŐĞŶĞƌĂůĂĐĐŽƌĚĂŶĐĞǁŝƚŚ^dD^ƚĂŶĚĂƌĚϲϵϭϯ͘
:^ΘdD ǁŝůů ƉƌĞƉĂƌĞ Ă ǁĂƚĞƌ ďĂůĂŶĐĞ ĂŶĂůǇƐŝƐ ĨŽƌ ƚŚĞ ůĂŬĞ ƐǇƐƚĞŵ ĂĐĐŽƵŶƚŝŶŐ ĨŽƌ ůĂŬĞ ŝŶƉƵƚƐ ĂŶĚ ǁŝƚŚĚƌĂǁĂůƐ ƚŽ ĚĞƚĞƌŵŝŶĞ ƚŚĞ ĞǆƉĞĐƚĞĚ ůĂŬĞ ǁĂƚĞƌ ƵƐĞ ĐŽŵƉĂƌĞĚ ƚŽ ĂĐƚƵĂů ǁĂƚĞƌ ƵƐĂŐĞ͘ dŚŝƐ ĂŶĂůǇƐŝƐ ǁŝůů ƉƌŽǀŝĚĞ ĂŶ ĂĐĐƵƌĂƚĞ ĂƐƐĞƐƐŵĞŶƚŽĨƚŚĞĐŽŶĚŝƚŝŽŶŽĨƚŚĞĞǆŝƐƚŝŶŐůĂŬĞůŝŶĞƌ͘dŚĞǁĂƚĞƌďĂůĂŶĐĞĂĐĐŽƵŶƚŝŶŐǁŝůůĂĐĐŽƵŶƚ ĨŽƌƚŚĞ ĨŽůůŽǁŝŶŐ ǁĂƚĞƌŝŶƉƵƚƐĂŶĚǁŝƚŚĚƌĂǁĂůƐ͗
x ĚŝƌĞĐƚƉƌĞĐŝƉŝƚĂƚŝŽŶ
x ƉƌĞĐŝƉŝƚĂƚŝŽŶƌƵŶŽĨĨŝŶĨůŽǁ
x ĞǀĂƉŽƌĂƚŝŽŶ
City Council 17 – 31 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 9 x ĞǀĂƉŽƚƌĂŶƐƉŝƌĂƚŝŽŶ
x ŝƌƌŝŐĂƚŝŽŶǁŝƚŚĚƌĂǁĂůƐ
x ĞǆĐĞƐƐŝƌƌŝŐĂƚŝŽŶŝŶĨůŽǁ
hƐŝŶŐƚŚĞǁĂƚĞƌďĂůĂŶĐĞĂĐĐŽƵŶƚŝŶŐŽĨƚŚĞůĂŬĞŝŶƉƵƚƐĂŶĚǁŝƚŚĚƌĂǁĂůƐǁĞǁŝůůĐĂůĐƵůĂƚĞƚŚĞĐƵƌƌĞŶƚǁĂƚĞƌĚĞŵĂŶĚ ĨŽƌƚŚĞůĂŬĞ͘dŚŝƐǁĂƚĞƌĚĞŵĂŶĚǁŝůůĨŽƌŵƚŚĞďĂƐŝƐĨŽƌŵĞĂƐƵƌŝŶŐƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚĞƉƌŽƉŽƐĞĚůĂŬĞůŝŶĞƌƐǇƐƚĞŵ͘ ĞůŝǀĞƌĂďůĞ͗ :^ΘdDǁŝůůƉƌĞƉĂƌĞĂ>ĂŬĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ ƚŽŝŶǀĞŶƚŽƌǇ ƚŚĞůĂŬĞ ĨĂĐŝůŝƚŝĞƐ͕ ĚŽĐƵŵĞŶƚ ĐƵƌƌĞŶƚůĂŬĞĐŽŶĚŝƚŝŽŶƐ͕ŝĚĞŶƚŝĨǇŬŶŽǁŶĚĞĨŝĐŝĞŶĐŝĞƐĂŶĚĞǆƉůĂŝŶĚĞĨŝĐŝĞŶĐǇŵŝƚŝŐĂƚŝŽŶŽƉƚŝŽŶƐ͘dŚĞƌĞƉŽƌƚǁŝůůĂůƐŽ ŝŶĐůƵĚĞƌĞĐŽŵŵĞŶĚĞĚŵĞĂƐƵƌĞƐƚŽŵŝƚŝŐĂƚĞŝĚĞŶƚŝĨŝĞĚĚĞĨŝĐŝĞŶĐŝĞƐ͘dŚĞŚǇĚƌŽŐĞŽůŽŐŝĐƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐǁŝůůďĞ ŝŶĐůƵĚĞĚŝŶƚŚĞ>ĂŬĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ͘
dĂƐŬϮ͗tĂƚĞƌYƵĂůŝƚǇ^ĂŵƉůŝŶŐĂŶĚƐƐĞƐƐŵĞŶƚͬZĞƉŽƌƚ
:^ΘdDǁŝůůĐŽůůĞĐƚĂŵŝŶŝŵƵŵŽĨĨŽƵƌ;ϰͿǁĂƚĞƌƐĂŵƉůĞƐĨƌŽŵĂƚŽƚĂůŽĨƚǁŽ;ϮͿůŽĐĂƚŝŽŶƐŽŶƚŚĞƐĂŵĞĚĂǇƚŽŽďƚĂŝŶ ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐĂŵƉůĞƐŽĨƚŚĞĂǀĞƌĂŐĞǁĂƚĞƌƋƵĂůŝƚǇŝŶƚŚĞůĂŬĞ͘dŚĞƐĂŵƉůĞƐǁŝůůďĞƐƵďŵŝƚƚĞĚƚŽĂƐƚĂƚĞĐĞƌƚŝĨŝĞĚ ůĂďŽƌĂƚŽƌǇĨƌŽŵĂŶƵŶƐƉĞĐŝĨŝĞĚƐŽƵƌĐĞ͘dŚĞůĂďǁŝůůƌƵŶůĂŬĞǁĂƚĞƌƋƵĂůŝƚǇƚĞƐƚƐŝŶĐůƵĚŝŶŐ͗ ŝƐƐŽůǀĞĚKǆǇŐĞŶʹK
EƵƚƌŝĞŶƚƐʹdŽƚĂůEŝƚƌŽŐĞŶ͕EŝƚƌĂƚĞ͕ŵŵŽŶŝĂ͕dŽƚĂůWŚŽƐƉŚŽƌƵƐ tĂƚĞƌůĂƌŝƚǇʹdƵƌďŝĚŝƚǇ͕ŽůŽƌ͕dŽƚĂůŝƐƐŽůǀĞĚ^ŽůŝĚƐ ^ĂůƚƐʹŚůŽƌŝĚĞ͕ŽŶĚƵĐƚŝǀŝƚǇ͕,ĂƌĚŶĞƐƐ͕
ĐŝĚͬĂƐĞZĞĂĚŝŶŐƐʹƉ,͕dŽƚĂůůŬĂůŝŶŝƚǇ
ŝŽůŽŐŝĐĂůKǆǇŐĞŶĞŵĂŶĚʹK
dŚĞƚĞƐƚƌĞƐƵůƚƐǁŝůůďĞƵƐĞĚƚŽƉƌŽǀŝĚĞƉŚǇƐŝĐĂůŝŶĚŝĐĂƚŽƌƐŽĨƐƉĞĐŝĨŝĐƉƌŽďůĞŵƐǁŝƚŚƚŚĞůĂŬĞǁĂƚĞƌƋƵĂůŝƚǇĂŶĚŵĂƌŬĞƌƐ ĨŽƌŵĞĂƐƵƌĞŵĞŶƚŽĨŝŵƉƌŽǀĞŵĞŶƚŽĨ ƚŚĞůĂŬĞǁĂƚĞƌƋƵĂůŝƚǇĂĨƚĞƌƌĞŚĂďŝůŝƚĂƚŝŽŶŽĨƚŚĞůĂŬĞ͘dŚĞůĂŬĞǁĂƚĞƌƋƵĂůŝƚǇ ƐǇƐƚĞŵǁŝůůďĞĚĞƐŝŐŶĞĚƚŽĂĚĚƌĞƐƐƚŚĞƵŶĚĞƐŝƌĂďůĞďŝŽůŽŐŝĐĂůĂŶĚĐŚĞŵŝĐĂůĐŽŵƉŽŶĞŶƚƐŝĚĞŶƚŝĨŝĞĚŝŶƚŚĞůĂŬĞǁĂƚĞƌ͘ ĞůŝǀĞƌĂďůĞ͗tĂƚĞƌƋƵĂůŝƚǇƐĂŵƉůĞĂŶĂůǇƐŝƐƌĞƐƵůƚƐ͕ŶĂƌƌĂƚŝǀĞŝŶƚĞƌƉƌĞƚĂƚŝŽŶŽĨƌĞůĞǀĂŶƚǁĂƚĞƌƋƵĂůŝƚǇĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐ͘ ǁĂƚĞƌƋƵĂůŝƚǇƌĞƉŽƌƚǁŝůůďĞŝŶĐůƵĚĞĚŝŶƚŚĞ>ĂŬĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ͘ dĂƐŬϯ͗^ƵƌǀĞǇĂŶĚŶĂůǇƐŝƐ
:^ΘdD ǁŝůů ƉƌĞƉĂƌĞ Ă ĚĞƚĂŝůĞĚ ƉŚŽƚŽŐƌĂŵŵĞƚƌŝĐ ƚŽƉŽŐƌĂƉŚŝĐ ƐƵƌǀĞǇ ŽĨ Ă ƉŽƌƚŝŽŶ ŽĨ Ăƌů dŚŽƌŶƚŽŶ WĂƌŬ͘ dŚĞ ƚŽƉŽŐƌĂƉŚŝĐƐƵƌǀĞǇǁŝůůďĞĚĞǀĞůŽƉĞĚƵƐŝŶŐĂĚƌŽŶĞͲŵŽƵŶƚĞĚĐĂŵĞƌĂƚŽĐƌĞĂƚĞĂϯǀŝƐƵĂůŵŽĚĞůŽĨƚŚĞĐƵƌƌĞŶƚƚĞƌƌĂŝŶ ĂŶĚŐƌŽƵŶĚĨĞĂƚƵƌĞƐ͘^ƵƌǀĞǇĐŽŶƚƌŽůǁŝůůďĞďĂƐĞĚŽŶƚŚĞůŽĐĂůĂůŝĨŽƌŶŝĂ^ƉĂƚŝĂůZĞĨĞƌĞŶĐĞ^ǇƐƚĞŵ;^Z^ͿǁŚŝĐŚŝƐƚŚĞ ŽĨĨŝĐŝĂůŐĞŽĚĞƚŝĐĚĂƚƵŵŝŶĂůŝĨŽƌŶŝĂ͕ĂƐƉƵďůŝƐŚĞĚďǇƚŚĞĂůŝĨŽƌŶŝĂ^ƉĂƚŝĂůZĞĨĞƌĞŶĐĞĞŶƚĞƌ;^ZͿ͘dŚĞůŽĐĂůZdE ƐƚĂƚŝŽŶƵƐĞĚŝƐďĂƐĞĚŽŶ^Z^
ƉŽĐŚϮϬϭϳ͘ϱϬ;EϴϯͿ͕ŽŶĞϱĂŶĚĞůĞǀĂƚŝŽŶƐďĂƐĞĚŽŶEsϴϴ͘ůůĚĂƚĂǁŽƵůĚďĞ ƉƌŽĐĞƐƐĞĚƵƐŝŶŐϯƌĚƉĂƌƚǇƐŽĨƚǁĂƌĞƵƐŝŶŐZdEďĂƐĞƐƚĂƚŝŽŶĚĂƚĂĂŶĚƚŚĞWŽƐƚͲWƌŽĐĞƐƐŝŶŐ<ŝŶĞŵĂƚŝĐ;WW<ͿŵĞƚŚŽĚĨŽƌ ĐŽƌƌĞĐƚŝŽŶĂŶĚĂĐĐƵƌĂĐǇ͘tŝƚŚWW<͕ƚŚĞĚƌŽŶĞǁŝůůŐĞŽƚĂŐy͕z͕ĐŽŽƌĚŝŶĂƚĞƐƚŽĞĂĐŚŝŵĂŐĞďĂƐĞĚŽŶĂŶŽŶͲďŽĂƌĚ'W^ ƵŶŝƚƚŚĂƚƌĞĐŽƌĚƐƉŽƐŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶ͘&ŝŶĂůϭͲĨŽŽƚĐŽŶƚŽƵƌĚĞůŝǀĞƌĂďůĞƐǁŝůůďĞŝŶƚŚĞĨŽƌŵŽĨĂĚǆĨĨŝůĞ͕ĚŝŐŝƚĂůƚĞƌƌĂŝŶ ŵŽĚĞůĂŶĚƉŽŝŶƚĐůŽƵĚĨŽƌĚŝŐŝƚĂůŵŽĚĞůǀŝĞǁŝŶŐĂŶĚƵƐĞŝŶĂƉƉůŝĐĂƚŝŽŶƐ͘dŚĞƚŽƉŽŐƌĂƉŚŝĐƐƵƌǀĞǇǁŝůůďĞƵƐĞĚĂƐ ƚŚĞďĂƐĞĨŝůĞĨŽƌƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶĚƌĂǁŝŶŐƐ͕ĐŽŶƐƚƌƵĐƚŝŽŶƉůĂŶƐ͕ĂŶĚĞǆŚŝďŝƚƐƉƌĞƉĂƌĞĚĨŽƌƚŚĞƉƌŽũĞĐƚ͘ :^ΘdDǁŝůůĐŽŶĚƵĐƚĂďĂƚŚǇŵĞƚƌŝĐƐƵƌǀĞǇŽĨĂƌůdŚŽƌŶƚŽŶWĂƌŬ>ĂŬĞƚŽŽďƚĂŝŶĂŶĂĐĐƵƌĂƚĞƚŽƉŽŐƌĂƉŚŝĐŵĂƉƉŝŶŐŽĨ ƚŚĞĐƵƌƌĞŶƚůĂŬĞďŽƚƚŽŵƚŽĚĞƚĞƌŵŝŶĞƚŚĞĐƵƌƌĞŶƚůĂŬĞǀŽůƵŵĞĂŶĚĚĞƚĞƌŵŝŶĞƚŚĞǀŽůƵŵĞĂŶĚůŽĐĂƚŝŽŶ;ƐͿŽĨƐĞĚŝŵĞŶƚ ĂĐĐƵŵƵůĂƚĞĚ ŽŶ ƚŚĞ ůĂŬĞ ďŽƚƚŽŵ ƐŝŶĐĞ ĐŽŶƐƚƌƵĐƚŝŽŶ͘ dŚĞ ďĂƚŚǇŵĞƚƌŝĐ ƐƵƌǀĞǇǁŝůů ďĞ ĐŽŶĚƵĐƚĞĚ ŝŶ ƚŚĞ ƐƚĂƚĞ ƉůĂŶ ĐŽŽƌĚŝŶĂƚĞƐǇƐƚĞŵEϴϯŽŶĞͲs͘dŚĞǀĞƌƚŝĐĂůĚĂƚƵŵĨŽƌƐƵƌǀĞǇĚĂƚĂǁŝůůďĞEsϴϴ͘dŚĞƐƵƌǀĞǇŽƌǁŝůůƐĞƚ;ϰͿ ŽŶƚŝŶƵŽƵƐ KƉĞƌĂƚŝŶŐ ZĞĨĞƌĞŶĐĞ ^ǇƐƚĞŵ ;KZ^Ϳ ĐŽŶƚƌŽů ƉŽŝŶƚƐ͘ dŚĞ ƐƵƌǀĞǇ ƚĞĂŵ ǁŝůů ĞƐƚĂďůŝƐŚ ƚŚĞ ĐƵƌƌĞŶƚ ůĂŬĞ City Council 17 – 32 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 10 ƉĞƌŝŵĞƚĞƌĂŶĚǁĂƚĞƌƐƵƌĨĂĐĞĞůĞǀĂƚŝŽŶĂƚϮϱĨƚŝŶƚĞƌǀĂůĂƌŽƵŶĚƚŚĞůĂŬĞƉĞƌŝŵĞƚĞƌĂƚƚŚĞǁĂƚĞƌƐƵƌĨĂĐĞ͘dŚĞƐƵƌǀĞǇ ƚĞĂŵǁŝůůĐŽŶĚƵĐƚƚŚĞŚǇĚƌŽŐƌĂƉŚŝĐƐƵƌǀĞǇŽŶĂϮϬĨƚͲϮϱĨƚŐƌŝĚƵƐŝŶŐĂďŽĂƚŵŽƵŶƚĞĚƐŽŶĂƌ͘ :^ΘdDǁŝůůƉĞƌĨŽƌŵĂĚĞƚĂŝůĞĚĂƋƵĂƚŝĐǀĞŐĞƚĂƚŝŽŶŵĂƉƉŝŶŐŽĨĞǆŝƐƚŝŶŐǀĞŐĞƚĂƚŝŽŶƉƌĞƐĞŶƚǁŝƚŚŝŶĂƌůdŚŽƌŶƚŽŶWĂƌŬ >ĂŬĞ͘dŚĞŵĂƉƉŝŶŐĞĨĨŽƌƚǁŝůůŝĚĞŶƚŝĨǇĂŶĚŵĂƉ;ůŽĐĂƚĞͿĂƋƵĂƚŝĐǀĞŐĞƚĂƚŝŽŶǁŝƚŚŝŶƚŚĞůĂŬĞĨŽŽƚƉƌŝŶƚ͘ ĞůŝǀĞƌĂďůĞ͗:^ΘdDǁŝůůƉƌĞƉĂƌĞĂϭĨƚĐŽŶƚŽƵƌŝŶƚĞƌǀĂůŵĂƉŽĨƚŚĞƉƌŽũĞĐƚĂƌĞĂŽĨƚŚĞƉĂƌŬ͘dŚŝƐŵĂƉǁŝůůďĞƵƐĞĚĂƐ ƚŚĞďĂƐĞŵĂƉĨŽƌƚŚĞƉƌŽũĞĐƚĐŽŶƐƚƌƵĐƚŝŽŶĚƌĂǁŝŶŐƐĂŶĚĞǆŚŝďŝƚƐ͘dŚĞĐŽŶƐƚƌƵĐƚŝŽŶƉůĂŶƐĞƚǁŝůůŝŶĐůƵĚĞĂƐŚĞĞƚŶĂŵĞĚ

ǆŝƐƚŝŶŐ ŽŶĚŝƚŝŽŶƐ͘ dŚŝƐ ƐŚĞĞƚǁŝůů ďĞ ƉƌĞƉĂƌĞĚ ĨƌŽŵ ƚŚĞ ƚŽƉŽŐƌĂƉŚŝĐ ƐƵƌǀĞǇ͘ :^ΘdDǁŝůů ƉƌĞƉĂƌĞ Ă ϭĨƚ ĐŽŶƚŽƵƌ ŝŶƚĞƌǀĂůďĂƚŚǇŵĞƚƌŝĐŵĂƉŽĨƚŚĞůĂŬĞǁŝƚŚŝŶƚŚĞĐŽŶĐƌĞƚĞůĂŬĞĞĚŐĞďŽƵŶĚĂƌǇ͘dŚŝƐŵĂƉǁŝůůďĞŝŶĐůƵĚĞĚŝŶƚŚĞ>ĂŬĞ ŽŶĚŝƚŝŽŶ ƐƐĞƐƐŵĞŶƚ ZĞƉŽƌƚ ĂƐ ĂŶ ĞǆŚŝďŝƚ ĨŽƌ ƚŚĞ ^ĞĚŝŵĞŶƚ ŶĂůǇƐŝƐ ĚŝƐĐƵƐƐŝŽŶ͘ :^ΘdD ǁŝůů ƉƌĞƉĂƌĞ ĂŶ ƋƵĂƚŝĐ sĞŐĞƚĂƚŝŽŶDĂƉƚŚĂƚǁŝůůďĞŝŶĐůƵĚĞĚŝŶƚŚĞ>ĂŬĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ͘ dĂƐŬϰ͗>ĂŬĞ>ŝŶĞƌ^ǇƐƚĞŵĞƐŝŐŶ
:^ΘdDǁŝůů ĚĞƐŝŐŶĂůŝŶĞƌ ƐǇƐƚĞŵ ĨŽƌ ĂƌůdŚŽƌŶƚŽŶWĂƌŬ >ĂŬĞ͘dŚĞĞǆŝƐƚŝŶŐůĂŬĞ ŚĂƐĂ ƉůĂƐƚŝĐůŝŶĞƌ ƚŚĂƚ ŚŝƐƚŽƌŝĐĂůůǇ ĞǆŚŝďŝƚƐĐůĂƐƐŝĐůŝŶĞƌ͞ĞůĞƉŚĂŶƚƐ͟Žƌ͞ďĂůůŽŽŶŝŶŐ͟ĚƵĞƚŽƚƌĂƉƉĞĚŐĂƐĞƐďĞŶĞĂƚŚƚŚĞůŝŶĞƌƚŚĂƚĐĂƵƐĞƐĞĐƚŝŽŶŽĨƚŚĞůŝŶĞƌ ƚŽĨůŽĂƚ͘ĂƌůdŚŽƌŶƚŽŶWĂƌŬŚŝƐƚŽƌŝĐĂůůǇŚĂƐĂŚŝŐŚǁĂƚĞƌƚĂďůĞ͘:^ΘdDǁŝůůĚĞƐŝŐŶƚŚĞĂƉƉƌŽƉƌŝĂƚĞůŝŶĞƌƐǇƐƚĞŵďĂƐĞĚ ƵƉŽŶĚĂƚĂŐĂƚŚĞƌĞĚĨƌŽŵƚŚĞŚǇĚƌŽŐĞŽůŽŐŝĐĂŶĚŐĞŽƚĞĐŚŶŝĐĂůŝŶǀĞƐƚŝŐĂƚŝŽŶƐŝŶdĂƐŬͲϭ͘ĐůĂǇůŝŶĞƌŝƐƉƌĞĨĞƌƌĞĚĂŶĚĨĂƌ ƐƵƉĞƌŝŽƌƚŽĂƉůĂƐƚŝĐůŝŶĞƌ͕ďƵƚƚŚĞŚŝŐŚŐƌŽƵŶĚǁĂƚĞƌŵĂǇďĞƉƌŽŚŝďŝƚŝǀĞƚŽƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨĐůĂǇůŝŶĞƌ͘ůƚĞƌŶĂƚŝǀĞůǇ͕ :^ΘdDǁŝůůĚĞƐŝŐŶĂƉůĂƐƚŝĐůŝŶĞƌƐǇƐƚĞŵŝĨĂĐůĂǇůŝŶĞƌƐǇƐƚĞŵŝƐŶŽƚĨĞĂƐŝďůĞĂƚĂƌůdŚŽƌŶƚŽŶWĂƌŬ͘dŚĞƐŽŝůĂŶĂůǇƐŝƐ ƌĞƐƵůƚƐǁŝůůďĞƵƐĞĚƚŽĚĞǀĞůŽƉĚĞƐŝŐŶƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌƌĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨƚŚĞůĂŬĞůŝŶĞƌĂƐĚĞƚĞƌŵŝŶĞĚĨƌŽŵƚŚĞ ǁĂƚĞƌďĂůĂŶĐĞͬƐĞĞƉĂŐĞůŽƐƐĐĂůĐƵůĂƚŝŽŶƐĂŶĚƚŚĞŚǇĚƌŽŐĞŽůŽŐŝĐĂŶĂůǇƐĞƐƉĞƌĨŽƌŵĞĚŝŶdĂƐŬͲϭ͘ ĞůŝǀĞƌĂďůĞ͗ :^ΘdD ǁŝůů ĚĞƐŝŐŶ ƚŚĞ ĂƉƉƌŽƉƌŝĂƚĞ ůĂŬĞ ůŝŶĞƌ ƐǇƐƚĞŵ ĨŽƌ Ăƌů dŚŽƌŶƚŽŶ WĂƌŬ >ĂŬĞ͘ dŚĞ ůĂŬĞ ůŝŶĞ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĂŶĚĚĞƐŝŐŶƉĂƌĂŵĞƚĞƌƐǁŝůůďĞŝŶĐůƵĚĞĚŝŶƚŚĞ>ĂŬĞZĞŚĂďŝůŝƚĂƚŝŽŶ^ƚƵĚǇZĞƉŽƌƚƉƌĞƉĂƌĞĚŝŶdĂƐŬͲ ϱ͘ ŽŶƐƚƌƵĐƚŝŽŶ ĚƌĂǁŝŶŐƐ͕ ƉůĂŶƐ ĂŶĚ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ǁŝůů ďĞ ƉƌĞƉĂƌĞĚ ĨŽƌ ƚŚĞ ƌĞĐŽŵŵĞŶĚĞĚ ůĂŬĞ ůŝŶĞƌ ƐǇƐƚĞŵ ĂŶĚ ŝŶĐůƵĚĞĚŝŶƚŚĞůĂŬĞĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐ͘
dĂƐŬϱ͗
ǀĂůƵĂƚŝŽŶĂŶĚZĞĐŽŵŵĞŶĚĂƚŝŽŶƐZĞƉŽƌƚ
:^ΘdDǁŝůůƉƌĞƉĂƌĞĂ>ĂŬĞZĞŚĂďŝůŝƚĂƚŝŽŶ^ƚƵĚǇZĞƉŽƌƚǁŚŝĐŚǁŝůůƐĞƌǀĞĂƐĂĐŽŵƉŝůĂƚŝŽŶ ƌĞƉŽƌƚ ĨŽƌ ƚŚĞƉƌŽƉŽƐĞĚ ŝŵƉƌŽǀĞŵĞŶƚƐƚŽĂƌůdŚŽƌŶƚŽŶWĂƌŬ>ĂŬĞ͘dŚĞƌĞƉŽƌƚǁŝůůŝŶĐůƵĚĞĚŽĐƵŵĞŶƚĂƚŝŽŶŽĨĞĂĐŚĞůĞŵĞŶƚŽĨƚŚĞůĂŬĞƐƚƵĚǇ ŝŶĐůƵĚŝŶŐ ƉƌŽũĞĐƚ ďĂĐŬŐƌŽƵŶĚ͕ ƉƌŽũĞĐƚ ŐŽĂůƐ͕ ŝƚǇ ƐƚĂĨĨ ŝŶƉƵƚ͕ ĞǆŝƐƚŝŶŐ ĨĂĐŝůŝƚŝĞƐ͕ ŝĚĞŶƚŝĨŝĞĚ ĐŽŶƐƚƌĂŝŶƚƐ͕ ƚŚĞ ƌĞĐŽŵŵĞŶĚĞĚ ƌĞŚĂďŝůŝƚĂƚŝŽŶ ƉůĂŶ͕ ƉƌĞůŝŵŝŶĂƌǇ ĚĞƐŝŐŶ ŽĨ ĞĂĐŚ ůĂŬĞ ƐǇƐƚĞŵ ;ǁĂƚĞƌ ƋƵĂůŝƚǇ͕ ůĂŬĞ ůŝŶĞƌ͕ ĂĞƌĂƚŝŽŶ͕ ĐŝƌĐƵůĂƚŝŽŶ͕ǁĂƚĞƌ ĨĞĂƚƵƌĞƐ͕ ĨŝƐŚĞƌǇͬǁŝůĚůŝĨĞĞŶŚĂŶĐĞŵĞŶƚƐ͕ĞƚĐ͘Ϳ͕ĐŽƐƚĞƐƚŝŵĂƚĞƐ͕ YĐŽŵƉůŝĂŶĐĞĂŶĚƉĞƌŵŝƚƚŝŶŐ͕
ůĂŬĞŵĂŶĂŐĞŵĞŶƚŐƵŝĚĞůŝŶĞƐ͕ĂŶĚƚĞĐŚŶŝĐĂůĂƉƉĞŶĚŝĐĞƐ͘dŚŝƐƌĞƉŽƌƚǁŝůůĚŽĐƵŵĞŶƚƌĞƐĞĂƌĐŚĂŶĚŝŶǀĞƐƚŝŐĂƚŝŽŶĨŝŶĚŝŶŐƐ͕ ƉƌĞůŝŵŝŶĂƌǇ ĚĞƐŝŐŶ ĂƐƐƵŵƉƚŝŽŶƐ͕ ŐƵŝĚĞůŝŶĞƐ͕ ĂŶĚ ĐƌŝƚĞƌŝĂ ĚĞǀĞůŽƉĞĚ ĚƵƌŝŶŐ ƚŚĞ ƉƌĞůŝŵŝŶĂƌǇ ĚĞƐŝŐŶ ƉƌŽĐĞƐƐ͘ dŚĞ ĂŶƚŝĐŝƉĂƚĞĚdĂďůĞŽĨŽŶƚĞŶƚƐŽĨƚŚĞƌĞƉŽƌƚŝƐƉƌŽǀŝĚĞĚďĞůŽǁ͗ x ^ǇŶŽƉƐŝƐ
x ĂĐŬŐƌŽƵŶĚ
x WƌŽũĞĐƚ'ŽĂůƐĂŶĚKďũĞĐƚŝǀĞƐ
x
ǆŝƐƚŝŶŐŽŶĚŝƚŝŽŶŽĨdŚŽƌŶƚŽŶWĂƌŬ>ĂŬĞ
o /ĚĞŶƚŝĨŝĞĚĞĨŝĐŝĞŶĐŝĞƐ
o >ĂŬĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚ
x ZĞĐŽŵŵĞŶĚĞĚZĞŚĂďŝůŝƚĂƚŝŽŶWůĂŶ
o ĞƌĂƚŝŽŶ^ǇƐƚĞŵ
City Council 17 – 33 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 11 o ,ŽƌŝǌŽŶƚĂůŝƌĐƵůĂƚŝŽŶ^ǇƐƚĞŵ
o DĂĐƌŽͲĚĞďƌŝƐ&ŝůƚƌĂƚŝŽŶ^ǇƐƚĞŵ
o ĞƌŽďŝĐŝŽĨŝůƚƌĂƚŝŽŶ^ǇƐƚĞŵ
o ŶŽǆŝĐŝŽĨŝůƚƌĂƚŝŽŶ^ǇƐƚĞŵ
o ƋƵĂƚŝĐsĞŐĞƚĂƚŝŽŶ
o tĞƚůĂŶĚ&ŝůƚƌĂƚŝŽŶ
o >ĂŬĞ>ŝŶĞƌ^ǇƐƚĞŵ
o &ŝƐŚĞƌǇ^ƚŽĐŬŝŶŐWůĂŶ
o ƌƚŝĨŝĐŝĂůZĞĞĨƐ
o &ŝƐŚ^ƉĂǁŶŝŶŐƌĞĂƐ
o EĂƚƵƌĂůŝǌĞĚ>ĂŬĞDĂŝŶƚĞŶĂŶĐĞ
x WƌĞůŝŵŝŶĂƌǇĞƐŝŐŶŽĨ>ĂŬĞ^ǇƐƚĞŵƐ
x
YŽŵƉůŝĂŶĐĞ
x ZĞƐŽƵƌĐĞŐĞŶĐǇWĞƌŵŝƚƚŝŶŐ
x
ŶŐŝŶĞĞƌ͛ƐKƉŝŶŝŽŶŽĨWƌŽďĂďůĞŽŶƐƚƌƵĐƚŝŽŶŽƐƚƐ
:^ΘdD ǁŝůů ĂůƐŽ ƉƌĞƉĂƌĞ Ă EĂƚƵƌĂůŝǌĞĚ >ĂŬĞ DĂŶĂŐĞŵĞŶƚ WůĂŶ ƚŚĂƚ ǁŝůů ŽƵƚůŝŶĞ ƚŚĞ ŽƉĞƌĂƚŝŽŶƐ ĂŶĚ ŵĂŝŶƚĞŶĂŶĐĞ ƌĞƋƵŝƌĞŵĞŶƚƐ ĨŽƌ ƚŚĞ ƉƌŽƉŽƐĞĚůĂŬĞǁĂƚĞƌ ƋƵĂůŝƚǇ ƐǇƐƚĞŵƐ͘dŚĞĞůĞŵĞŶƚƐ ŽĨ ƚŚĞ ƉŽŶĚ ƚŚĂƚ ƚŚĞŵĂŶĂŐĞŵĞŶƚ ƉůĂŶǁŝůů ĂĚĚƌĞƐƐ ŝŶĐůƵĚĞ ƚŚĞ ƐŚŽƌĞůŝŶĞ ĞƌŽƐŝŽŶ͕ ĂůŐĂĞ ĐŽŶƚƌŽů͕ ĂƋƵĂƚŝĐ ƉůĂŶƚ ŵĂŶĂŐĞŵĞŶƚ͕ ďŝŽĨŝůƚĞƌ ŵĂŝŶƚĞŶĂŶĐĞ͕ ƐŬŝŵŵĞƌ ŵĂŝŶƚĞŶĂŶĐĞ͕ ĂƋƵĂƚŝĐ ǀĞŐĞƚĂƚŝŽŶ ƉůĂŶƚĞƌ ŵĂŝŶƚĞŶĂŶĐĞ͕ ŵĂŬĞƵƉ ǁĂƚĞƌ͕ ǀĞĐƚŽƌ ĐŽŶƚƌŽů͕ ǁĂƚĞƌĨŽǁů ƉŽƉƵůĂƚŝŽŶ ĐŽŶƚƌŽů͕ ĚĞďƌŝƐĂŶĚ ƚƌĂƐŚ ĐŽŶƚƌŽůͬƌĞŵŽǀĂů͕ ĐŝƌĐƵůĂƚŝŽŶ ƉƵŵƉƐ͕ĂŶĚǁĂƚĞƌƋƵĂůŝƚǇĂĚũƵƐƚŵĞŶƚƐ͘ŵĂŝŶƚĞŶĂŶĐĞ ĐŚĞĐŬůŝƐƚǁŝůů ďĞ ĚĞǀĞůŽƉĞĚĂŶĚŽƉĞƌĂƚŝŽŶƐĐŚĞĚƵůĞĨŽƌƚŚĞĚŝƐƚŝŶĐƚƉŽŶĚŵĂŝŶƚĞŶĂŶĐĞƉƌŽŐƌĂŵƚĂƐŬƐŝŶĐůƵĚŝŶŐĞƐƚŝŵĂƚŝŶŐƚŚĞĨƌĞƋƵĞŶĐǇ ŽĨƚŚĞŵĂŝŶƚĞŶĂŶĐĞƌĞƋƵŝƌĞŵĞŶƚƐ͘ǁĂƚĞƌƋƵĂůŝƚǇƚĞƐƚŝŶŐĂŶĚŵŽŶŝƚŽƌŝŶŐƉƌŽŐƌĂŵǁŝůůďĞĚĞǀĞůŽƉĞĚĂƐƉĂƌƚŽĨƚŚĞůĂŬĞ ŵĂŶĂŐĞŵĞŶƚƉƌŽŐƌĂŵǁŚŝĐŚǁŝůůŝĚĞŶƚŝĨǇƚŚĞĚŝƐƚŝŶĐƚĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐƚŽďĞŵĞĂƐƵƌĞĚŝŶƚŚĞĨŝĞůĚ͘dŚĞŵĂŶĂŐĞŵĞŶƚƉůĂŶ ǁŝůůƉƌŽǀŝĚĞĂŶĂƌƌĂƚŝǀĞŽĨƚŚĞĚŝĨĨĞƌĞŶƚŵĂŝŶƚĞŶĂŶĐĞĂŶĚŽƉĞƌĂƚŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐ͘dŚĞůĂŬĞŵĂŶĂŐĞŵĞŶƚƉůĂŶŝƐŝŶƚĞŶĚĞĚ ƚŽƉƌŽǀŝĚĞĂŐƵŝĚĞůŝŶĞƚŽĂƐƐŝƐƚƚŚĞůĂŬĞŵĂŶĂŐĞƌǁŝƚŚŐƵŝĚŝŶŐƚŚĞĂĐƚŝǀŝƚŝĞƐŽĨůĂŬĞŵĂŶĂŐĞŵĞŶƚƉĞƌƐŽŶŶĞůŝŶĂǁĂǇƚŚĂƚ ĚŽĞƐŶŽƚƌĞƋƵŝƌĞƚŚĞƵƐĞŽĨĐŚĞŵŝĐĂůŝŶƉƵƚƐŽƌǁĂƚĞƌĚǇĞƐŝŶƚŚĞůĂŬĞ͘ ĞůŝǀĞƌĂďůĞ͗
x >ĂŬĞZĞŚĂďŝůŝƚĂƚŝŽŶ^ƚƵĚǇZĞƉŽƌƚ
x EĂƚƵƌĂůŝǌĞĚ>ĂŬĞDĂŶĂŐĞŵĞŶƚWůĂŶ
dĂƐŬϲ͗WƌĞͲĞƐŝŐŶ
ŶŐŝŶĞĞƌŝŶŐ
:^ΘdDǁŝůůŵĞĞƚǁŝƚŚ ŝƚǇ ƐƚĂĨĨĂŶĚ ƉƌĞƐĞŶƚ ƚŚĞ ĨŝŶĚŝŶŐƐĂŶĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ ŽĨ ƚŚĞ >ĂŬĞZĞŚĂďŝůŝƚĂƚŝŽŶ^ƚƵĚǇ ZĞƉŽƌƚĂŶĚ ƉƌĞƐĞŶƚ ƚŚĞ ƌĞĐŽŵŵĞŶĚĞĚ>ĂŬĞ ZĞŶŽǀĂƚŝŽŶ WůĂŶ͘ :^ΘdDǁŝůů ƌĞĐĞŝǀĞŝŶƉƵƚ ƉƌŽǀŝĚĞĚ ďǇ ŝƚǇ ƐƚĂĨĨĂŶĚ ŝŶĐŽƌƉŽƌĂƚĞŝŶƚŽƚŚĞŝŵƉƌŽǀĞŵĞŶƚƉůĂŶƐĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶĚƌĂǁŝŶŐƐƉƌĞƉĂƌĞĚŝŶdĂƐŬͲϳ͘ ĞůŝǀĞƌĂďůĞ͗
x DĞĞƚŝŶŐŵŝŶƵƚĞƐĂŶĚŶŽƚĞƐĚŽĐƵŵĞŶƚŝŶŐƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĂŶĚĚĞĐŝƐŝŽŶƐƚŽŵŽǀĞĨŽƌǁĂƌĚǁŝƚŚĨŝŶĂůĚĞƐŝŐŶ ŽĨƚŚĞůĂŬĞŝŵƉƌŽǀĞŵĞŶƚƐ͘
dĂƐŬϳ͗ĞƐŝŐŶĞǀĞůŽƉŵĞŶƚ;ϲϬйWůĂŶƐͿ
City Council 17 – 34 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 12 :^ΘdDǁŝůůƉƌĞƉĂƌĞĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐ;ƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚĞƐƚŝŵĂƚĞƐͿƚŽƚŚĞϲϬйůĞǀĞůŽĨĐŽŵƉůĞƚŝŽŶ͘dŚĞ ϲϬй ƉůĂŶ ƐĞƚ ǁŝůů ŝŶĐůƵĚĞ Đŝǀŝů͕ ŵĞĐŚĂŶŝĐĂů͕ ĞůĞĐƚƌŝĐĂů͕ ƉůƵŵďŝŶŐ ĞŶŐŝŶĞĞƌŝŶŐ͕ ĂŶĚ ƐŝƚĞ ĞŶŐŝŶĞĞƌŝŶŐ ŝŵƉƌŽǀĞŵĞŶƚƐ ŝŶĐůƵĚĞĚĂƐƉĂƌƚŽĨƚŚĞůĂŬĞƌĞŶŽǀĂƚŝŽŶƉƌŽũĞĐƚ͘dŚĞĂŶƚŝĐŝƉĂƚĞĚƐǇƐƚĞŵŝŵƉƌŽǀĞŵĞŶƚƐǁŝůůŝŶĐůƵĚĞ͕ďƵƚŵĂǇŶŽƚďĞ ůŝŵŝƚĞĚƚŽ͗
ͻ >ĂŬĞĞĚŐĞĚĞƐŝŐŶ
ͻ >ĂŬĞůŝŶĞƌƐǇƐƚĞŵĚĞƐŝŐŶ
ͻ DĞĐŚĂŶŝĐĂůƐǇƐƚĞŵƐ;ƉƵŵƉƐ͕ĂŝƌĐŽŵƉƌĞƐƐŽƌƐ͕ĐŽŶƚƌŽůƉĂŶĞůƐ͕ƉŽǁĞƌƉĂŶĞůƐ͕ƉƵŵƉǀĂƵůƚƐ͕ĞƚĐ͘Ϳ ͻ >ĂŬĞŵĂĐƌŽĚĞďƌŝƐĨŝůƚĞƌƐ;ƐŬŝŵŵĞƌƐͿ
ͻ ĞƌĂƚŝŽŶƐǇƐƚĞŵ;ƚƵďŝŶŐ͕ĚŝƐĐƐͬƉŽĚƐͿ
ͻ &ŽƵŶƚĂŝŶũĞƚ;ǁŝƚŚŽƌǁŝƚŚŽƵƚĂĐĐĞŶƚůŝŐŚƚŝŶŐͿ
ͻ ŝŽĨŝůƚƌĂƚŝŽŶƐǇƐƚĞŵ;ƐͿ
ͻ ƋƵĂƚŝĐǀĞŐĞƚĂƚŝŽŶ;ǁĞƚůĂŶĚƉůĂŶƚĞƌƐͿ
ͻ ƋƵĂƚŝĐǀĞŐĞƚĂƚŝŽŶƉůĂŶƚŝŶŐƉĂůĞƚƚĞ
ͻ ƌƚŝĨŝĐŝĂůƌĞĞĨƐ
ͻ &ŝƐŚƐƉĂǁŶŝŶŐĂƌĞĂ
ͻ sĞĐƚŽƌĐŽŶƚƌŽůĞŶŚĂŶĐĞŵĞŶƚƐ;ďĂƚďŽǆĞƐͿ
ͻ tĂƚĞƌĨŽǁůĐŽŶƚƌŽůĞŶŚĂŶĐĞŵĞŶƚƐ;ŽǁůďŽǆĞƐĂŶĚƐŝŐŶĂŐĞͿ ͻ ^ŝƚĞ/ŵƉƌŽǀĞŵĞŶƚƐ;ůĂŶĚƐĐĂƉĞͬĞƌŽƐŝŽŶĐŽŶƚƌŽů͕ǁĂůŬǁĂǇƐ͕ƐĞĂƚŝŶŐĂƌĞĂƐ͕ĨŝƐŚŝŶŐĚŽĐŬͬƉŝĞƌͿ ĞůŝǀĞƌĂďůĞ͗ϲϬйƐĞƚŽĨƉůĂŶƐ͕ĚƌĂĨƚŽĨůĂŬĞƐƉĞĐŝĨŝĐĂƚŝŽŶĂŶĚĐŝƚǇďŽŝůĞƌƉůĂƚĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĐŽŶƐƚƌƵĐƚŝŽŶĐŽƐƚ ĞƐƚŝŵĂƚĞƐ
dĂƐŬϴ͗ŽŶƐƚƌƵĐƚŝŽŶŽĐƵŵĞŶƚƐ;ϵϬйĂŶĚϭϬϬйWůĂŶƐ͕^ƉĞĐŝĨŝĐĂƚŝŽŶƐΘ ŶŐŝŶĞĞƌ͛Ɛ
ƐƚŝŵĂƚĞͿ
:^ΘdDǁŝůůƉƌĞƉĂƌĞĂĐŽŵƉůĞƚĞƉůĂŶƐĞƚĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐĨŽƌƚǁŽƐƵďŵŝƚƚĂůŝŶƚĞƌǀĂůƐĂƚƚŚĞϵϬйůĞǀĞůŽĨ ĐŽŵƉůĞƚĞŶĞƐƐĂŶĚĂĨŝŶĂůƐĞƚƚŚĂƚŝƐϭϬϬйĐŽŵƉůĞƚĞ͘dŚĞĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐǁŝůůŝŶĐůƵĚĞůĂŬĞƌĞŶŽǀĂƚŝŽŶƉůĂŶƐ͕ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ĂŶĚ ĞƐƚŝŵĂƚĞƐ ĨŽƌ Ăƌů dŚŽƌŶƚŽŶ WĂƌŬ >ĂŬĞ͘ dŚĞ ĐŽŶƐƚƌƵĐƚŝŽŶ ƉůĂŶƐ ǁŝůů ŝŶĐůƵĚĞ ƚŚĞ ŝŶĨŽƌŵĂƚŝŽŶ ŶĞĐĞƐƐĂƌǇĨŽƌƚŚĞƐƵĐĐĞƐƐĨƵůĐŽŶƐƚƌƵĐƚŝŽŶŽĨƚŚĞůĂŬĞŝŶĐůƵĚŝŶŐƉůĂŶǀŝĞǁůĂǇŽƵƚƐ͕ƐĞĐƚŝŽŶǀŝĞǁĚƌĂǁŝŶŐƐ͕ĐŽŶƐƚƌƵĐƚŝŽŶ ĚĞƚĂŝůĚƌĂǁŝŶŐƐ͕ĞƋƵŝƉŵĞŶƚĂŶĚŵĂƚĞƌŝĂůƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂƐǁĞůůĂƐŐĞŶĞƌĂůŶŽƚĂƚŝŽŶĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶŶŽƚĞƐŶĞĞĚĞĚĨŽƌ ƚŚĞ ĐŽŶƚƌĂĐƚŽƌ ƚŽ ĐŽŶƐƚƌƵĐƚ ƚŚĞ ƉƌŽƉŽƐĞĚ ĨĂĐŝůŝƚŝĞƐ͘ dŚĞ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ƉĂĐŬĂŐĞ ǁŝůů ŝŶĐůƵĚĞ Ă ĐŽŵƉůĞƚĞ ůĂŬĞ ĐŽŶƐƚƌƵĐƚŝŽŶ ƐƉĞĐŝĨŝĐĂƚŝŽŶ ĨŽƌ ƚŚĞ ŽǀĞƌĂůů ůĂŬĞ ĂŶĚ Ăůů ƚŚĞ ƉƌŽƉŽƐĞĚ ůĂŬĞ ƐǇƐƚĞŵƐ ŝŶĐůƵĚŝŶŐ ŵĞĐŚĂŶŝĐĂů͕ ĞůĞĐƚƌŝĐĂů͕ ƉůƵŵďŝŶŐ͕ĂƋƵĂƚŝĐǀĞŐĞƚĂƚŝŽŶ͕ĨŝƐŚƐƚŽĐŬŝŶŐ͕ĨŝƐŚŚĂďŝƚĂƚ͕ǁĂƚĞƌĨŽǁůĐŽŶƚƌŽůŵĞĂƐƵƌĞƐ͕ĂŶĚǀĞĐƚŽƌĐŽŶƚƌŽůŵĞĂƐƵƌĞƐ͘ ĐŽŵƉƌĞŚĞŶƐŝǀĞďŝĚůŝƐƚǁŝůůďĞƉƌĞƉĂƌĞĚ ƚŽ ƐƵƉƉŽƌƚ ƚŚĞďŝĚĚŝŶŐƉƌŽĐĞƐƐ͘dŚĞϭϬϬйƉůĂŶƐĂŶĚƐƉĞĐŝĨŝĐĂƚŝŽŶƐǁŝůůďĞ ƐƚĂŵƉĞĚďǇĂůŝĐĞŶƐĞĚĂůŝĨŽƌŶŝĂƉƌŽĨĞƐƐŝŽŶĂůĞŶŐŝŶĞĞƌ͘ŽŶƐƚƌƵĐƚŝŽŶĚƌĂǁŝŶŐƐƐŚĂůůďĞŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞϮϬϮϮ ĂůŝĨŽƌŶŝĂƵŝůĚŝŶŐŽĚĞ͘
:^ΘdDǁŝůůƉƌĞƉĂƌĞĚĞƚĂŝůĞĚĐŽŶƐƚƌƵĐƚŝŽŶĐŽƐƚĞƐƚŝŵĂƚĞŽĨƚŚĞƉƌŽƉŽƐĞĚůĂŬĞŝŵƉƌŽǀĞŵĞŶƚƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ ƋƵĂŶƚŝƚŝĞƐĂŶĚƵŶŝƚĐŽƐƚƐ͘dŚĞƋƵĂŶƚŝƚŝĞƐǁŝůůďĞĚĞǀĞůŽƉĞĚďĂƐĞĚƵƉŽŶĐŽŶƐƚƌƵĐƚŝŽŶŝƚĞŵĐĂůůŽƵƚƐĨƌŽŵƚŚĞ>ĂŬĞWůĂŶƐ ĂŶĚ ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ ƉĂĐŬĂŐĞ͘ hŶŝƚ ĐŽƐƚƐ ǁŝůů ďĞ ďĂƐĞĚ ƵƉŽŶ ƌĞĐĞŶƚ ƉƌŽũĞĐƚ ĐŽƐƚ ŝŶĨŽƌŵĂƚŝŽŶ ĨŽƌ ƐŝŵŝůĂƌ ƉƌŽũĞĐƚƐ ŝŶ ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂ͘dŚĞŽŶƐƚƌƵĐƚŝŽŶŽƐƚ
ƐƚŝŵĂƚĞǁŝůůďĞƉƌŽǀŝĚĞĚƚŽƚŚĞĐůŝĞŶƚƚŽƵƐĞĂƐƚŚĞ
ŶŐŝŶĞĞƌ͛Ɛ
ƐƚŝŵĂƚĞ
ĨŽƌ ďŝĚĚŝŶŐ͘ ŽŶƐƚƌƵĐƚŝŽŶ ŽĐƵŵĞŶƚƐ ;ƐͿ ƐŚĂůů ŝŶĐůƵĚĞ ĨŝŶĂůŝǌŝŶŐ ƉůĂŶƐ ĂŶĚ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ĨƌŽŵ ƚŚĞ ĞƐŝŐŶ ĞǀĞůŽƉŵĞŶƚƉŚĂƐĞ͘dŚŝƐŝŶĐůƵĚĞƐƚŚĞƉƌŽǀŝƐŝŽŶŽĨĚĞƚĂŝůĞĚĞŶŐŝŶĞĞƌŝŶŐĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶĚƌĂǁŝŶŐƐƚŚĂƚǁŝůůƐĞƌǀĞĂƐ ƚŚĞďĂƐŝƐĨŽƌďŽƚŚďŝĚĚŝŶŐĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶďǇĂŐĞŶĞƌĂůĐŽŶƚƌĂĐƚŽƌ͘ :^ΘdD ǁŝůů ƉƌĞƉĂƌĞ ƚĞĐŚŶŝĐĂů ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ĨŽƌ Ăůů ĐŽŵƉŽŶĞŶƚƐ ůŝƐƚĞĚ ĂďŽǀĞ ŝŶ ^/ ;ŽŶƐƚƌƵĐƚŝŽŶ ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ /ŶƐƚŝƚƵƚĞͿĨŽƌŵĂƚ͘:^ΘdDǁŝůůĐŽŽƌĚŝŶĂƚĞůĂŶŐƵĂŐĞďĞƚǁĞĞŶƚŚĞŐĞŶĞƌĂůĂŶĚƚĞĐŚŶŝĐĂůƐƉĞĐŝĨŝĐĂƚŝŽŶƐƚŽĞŶƐƵƌĞĐŽŶĨůŝĐƚƐ City Council 17 – 35 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 13 ĂƌĞŵŝŶŝŵŝǌĞĚ͘ŝƚǇ^ƚĂĨĨǁŝůůĐŽŵďŝŶĞƚŚĞƐĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐǁŝƚŚƚŚĞŝƚǇŽŝůĞƌWůĂƚĞǁŚŝĐŚƚŽŐĞƚŚĞƌ͕ǁŝůůďĞĐŽŵĞƚŚĞ WƌŽũĞĐƚDĂŶƵĂů
:^ΘdDǁŝůůƉƌŽǀŝĚĞƉůĂŶƉƌŽĐĞƐƐŝŶŐƐĞƌǀŝĐĞƐƚŽŽďƚĂŝŶƚŚĞŶĞĐĞƐƐĂƌǇĂƉƉƌŽǀĂůƐ͕ƐŝŐŶĂƚƵƌĞƐ͕ĂŶĚƉĞƌŵŝƚƐƚŽĂůůŽǁƚŚĞ ƉƌŽũĞĐƚƚŽŵŽǀĞĨŽƌǁĂƌĚƚŽĐŽŶƐƚƌƵĐƚŝŽŶ͘tĞƵŶĚĞƌƐƚĂŶĚƚŚĂƚƚŚĞƉƌŽũĞĐƚW^Θ ƉĂĐŬĂŐĞŵĂǇŶĞĞĚƚŽďĞƌĞǀŝƐĞĚƚŽ
ĂĐĐŽŵŵŽĚĂƚĞƉƌŽũĞĐƚƉŚĂƐŝŶŐĂƐŵĂǇďĞƌĞƋƵŝƌĞĚƚŽĂĐĐŽŵŵŽĚĂƚĞƉƌŽũĞĐƚĨƵŶĚŝŶŐůŝŵŝƚĂƚŝŽŶƐ͘:^ΘdDǁŝůůƉƌĞƉĂƌĞ ƉŚĂƐĞĚ ŝŵƉůĞŵĞŶƚĂƚŝŽŶ ƉůĂŶƐ͕ ŝĨ ŶĞĞĚĞĚ ƚŽ ĂĐĐŽŵŵŽĚĂƚĞ ƉƌŽũĞĐƚ ƉŚĂƐŝŶŐ ŶĞĞĚƐ͘ /ƚ ŝƐ ĂŶƚŝĐŝƉĂƚĞĚ ƚŚĂƚ ƚŚĞ W^Θ
ƉĂĐŬĂŐĞǁŝůůďĞƌĞǀŝĞǁĞĚďǇŵƵůƚŝƉůĞK^ĚĞƉĂƌƚŵĞŶƚƐĂŶĚŽƚŚĞƌĂŐĞŶĐŝĞƐŝŶĐůƵĚŝŶŐWƵďůŝĐtŽƌŬƐĞƐŝŐŶ͕tĂƚĞƌĂŶĚ ŽŶƐƚƌƵĐƚŝŽŶ
ŶŐŝŶĞĞƌŝŶŐŝǀŝƐŝŽŶƐ͕ŝƚǇWůĂŶŶŝŶŐĂŶĚƵŝůĚŝŶŐŐĞŶĐǇ͕ĂŶĚWĂƌŬƐZĞĐƌĞĂƚŝŽŶΘŽŵŵƵŶŝƚǇ^ĞƌǀŝĐĞƐ ŝǀŝƐŝŽŶ͕ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝƐŚĂŶĚ'ĂŵĞ͕ƚŚĞĂůŝĨŽƌŶŝĂ^ƚĂƚĞĞƉĂƌƚŵĞŶƚŽĨŐƌŝĐƵůƚƵƌĞ͕sĞĐƚŽƌŽŶƚƌŽů͕ĂŶĚ ƚŚĞĂůŝĨŽƌŶŝĂZĞŐŝŽŶĂůtĂƚĞƌYƵĂůŝƚǇŽŶƚƌŽůŽĂƌĚ͘
ĞůŝǀĞƌĂďůĞ͗ŽŵƉůĞƚĞ>ĂŬĞŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐƉĂĐŬĂŐĞŝŶĐůƵĚŝŶŐWůĂŶƐ͕^ƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚ ƐƚŝŵĂƚĞƐ;W^Θ
ƐͿ
ĂƚϵϬйĂŶĚϭϬϬйůĞǀĞůƐŽĨĐŽŵƉůĞƚŝŽŶ͘
dĂƐŬϵ͗ŝĚĚǀĞƌƚŝƐĞŵĞŶƚ͕ŽŶƐƚƌƵĐƚŝŽŶĚŵŝŶŝƐƚƌĂƚŝŽŶ͕ZĞĐŽƌĚƌĂǁŝŶŐƐ͗ ŝĚĚǀĞƌƚŝƐĞŵĞŶƚ
:^ΘdD ǁŝůů ƉƌŽǀŝĚĞ ƐƵƉƉŽƌƚ ƚŽ ƚŚĞ ŝƚǇ ĚƵƌŝŶŐ ƚŚĞ ŝĚĚŝŶŐ ƉŚĂƐĞ ďǇ ĂƐƐŝƐƚŝŶŐ ǁŝƚŚ ƋƵĞƐƚŝŽŶƐ͕ ƌĞƋƵĞƐƚƐ ĨŽƌ ŝŶĨŽƌŵĂƚŝŽŶͬĐůĂƌŝĨŝĐĂƚŝŽŶ͕ƌĞǀŝĞǁŝŶŐĂĚĚĞŶĚĂŽƌĐŽŶĨůŝĐƚƐĂƌŝƐŝŶŐŽƵƚŽĨƚŚĞďŝĚĚŝŶŐƉƌŽĐĞƐƐǁŝƚŚŝŶƚŚƌĞĞ;ϯͿǁŽƌŬŝŶŐ ĚĂǇƐ͘ŽŶƐƵůƚĂŶƚƐŚĂůůĂůƐŽĂƚƚĞŶĚƉƌĞͲďŝĚŵĞĞƚŝŶŐ͕ŝĨƐĐŚĞĚƵůĞĚ͘
ŽŶƐƚƌƵĐƚŝŽŶĚŵŝŶŝƐƚƌĂƚŝŽŶ
:^ΘdDǁŝůů ƉƌŽǀŝĚĞ ƐƵƉƉŽƌƚ ƚŽ ƚŚĞ ŝƚǇ ĚƵƌŝŶŐ ƚŚĞ ŽŶƐƚƌƵĐƚŝŽŶĚŵŝŶŝƐƚƌĂƚŝŽŶ ƉŚĂƐĞ ďǇĂƐƐŝƐƚŝŶŐǁŝƚŚ ƋƵĞƐƚŝŽŶƐ͕ ƌĞƋƵĞƐƚƐĨŽƌŝŶĨŽƌŵĂƚŝŽŶͬĐůĂƌŝĨŝĐĂƚŝŽŶ͕ĂŶĚͬŽƌƌĞǀŝĞǁŝŶŐƐƵďŵŝƚƚĂůƐ͘
ZĞĐŽƌĚƌĂǁŝŶŐƐͬƐͲďƵŝůƚWůĂŶƐ͗
hƉŽŶĐŽŶƐƚƌƵĐƚŝŽŶĐŽŵƉůĞƚŝŽŶ͕:^ΘdDǁŝůůŝŶĐŽƌƉŽƌĂƚĞĂƐͲďƵŝůƚŝŶĨŽƌŵĂƚŝŽŶ͕ĂƐƉƌŽǀŝĚĞĚďǇƚŚĞ'ĞŶĞƌĂůŽŶƚƌĂĐƚŽƌ͕ ŝŶƚŽƚŚĞĚƌĂǁŝŶŐĨŝůĞƐƚŽƉƌŽǀŝĚĞƌĞĐŽƌĚĚƌĂǁŝŶŐƐĨŽƌŝƚǇĂƌĐŚŝǀĞƐ͘ ĞůŝǀĞƌĂďůĞ͗ŝĚŽĐƵŵĞŶƚƐ͕Z&/ZĞƐƉŽŶƐĞ͕ŽŶƐƚƌƵĐƚŝŽŶƐƵďŵŝƚƚĂůƌĞǀŝĞǁĂŶĚƌĞƐƉŽŶƐĞ͕ƐͲƵŝůƚWůĂŶƐĞƚ dĂƐŬϭϬ͗DĞĞƚŝŶŐƐ͕ŽŶƐƵůƚĂƚŝŽŶ͕ĂŶĚŽŽƌĚŝŶĂƚŝŽŶ
:^ΘdDǁŝůůƉƌŽǀŝĚĞĐŽŽƌĚŝŶĂƚŝŽŶ͕ĐŽŵŵƵŶŝĐĂƚŝŽŶ͕ĂŶĚƚĞĐŚŶŝĐĂůĐŽŶƐƵůƚĂƚŝŽŶǁŝƚŚŝƚǇƐƚĂĨĨĂŶĚŽƚŚĞƌƉƌŽũĞĐƚƚĞĂŵ ĐŽŶƐƵůƚĂŶƚƐƚŚƌŽƵŐŚŽƵƚƚŚĞĚƵƌĂƚŝŽŶŽĨƚŚĞƉƌŽũĞĐƚ͘dŚŝƐŝŶĐůƵĚĞƐŵĞĞƚŝŶŐƐͬƉŚŽŶĞĚŝƐĐƵƐƐŝŽŶͬŽŶůŝŶĞĐŽŶĨĞƌĞŶĐĞƐĂƚ ƌĞŐƵůĂƌŝŶƚĞƌǀĂůƐƚŽĚŝƐĐƵƐƐƚŚĞƉƌŽŐƌĞƐƐŽĨƚŚĞƐƚƵĚǇĂŶĚĐŽŶƐƵůƚĂƚŝŽŶƚŽĂƐƐŝƐƚƚŚĞƉƌŽũĞĐƚƉůĂŶŶŝŶŐ͘ ĞůŝǀĞƌĂďůĞ͗DĞĞƚŝŶŐŵŝŶƵƚĞƐ͕ƉƌŽũĞĐƚŐƵŝĚĂŶĐĞ͕ƉƌŽũĞĐƚŵĂŶĂŐĞŵĞŶƚ City Council 17 – 36 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 14 E. Relevant Project Experience
dŚĞĨŽůůŽǁŝŶŐůŝƐƚŽĨƉƌŽũĞĐƚƐƐƵŵŵĂƌŝǌĞƐƐŽŵĞŽĨŽƵƌƌĞĐĞŶƚƉƌŽũĞĐƚĞǆƉĞƌŝĞŶĐĞ͘ WƌŽũĞĐƚEĂŵĞ͗ ĞŶƚĞŶŶŝĂůWĂƌŬ>ĂŬĞZĞŶŽǀĂƚŝŽŶ
ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϭϮͲƵƌƌĞŶƚ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϱϬ͕ϬϬϬ
ůŝĞŶƚZĞĨĞƌĞŶĐĞ͗ ŝƚǇŽĨ^ĂŶƚĂŶĂ
^Ƶǌŝ&ƵƌũĂŶŝĐ
ƐƐŽĐŝĂƚĞWĂƌŬĂŶĚ>ĂŶĚƐĐĂƉĞWůĂŶŶĞƌ
ϳϭϰ͘ϱϳϭ͘ϰϮϰϭ
[email protected]
<ĞǇ^ƚĂĨĨ͗ :ŽŶŝƐ^ŵŝƚŚ͕W
͖dŝŵDƵůŝ͕W

ĞƐĐƌŝƉƚŝŽŶŽĨWƌŽũĞĐƚ͗Dƌ͘^ŵŝƚŚƐĞƌǀĞĚĂƐƉƌŽũĞĐƚŵĂŶĂŐĞƌĂŶĚůĞĂĚƉƌŽũĞĐƚĞŶŐŝŶĞĞƌĨŽƌƚŚĞĞŶƚĞŶŶŝĂůWĂƌŬ>ĂŬĞ ZĞŶŽǀĂƚŝŽŶ WƌŽũĞĐƚ͘ Dƌ͘ ^ŵŝƚŚ ůĞĚ ƚŚĞ ĚĞƐŝŐŶ ƚĞĂŵ ƚŚĂƚ ƉƌŽǀŝĚĞĚ Ăůů ĚĞƐŝŐŶ ĂŶĚ ĞŶŐŝŶĞĞƌŝŶŐ ƐĞƌǀŝĐĞƐ ĨŽƌ ƚŚĞ ĞŶƚĞŶŶŝĂů WĂƌŬ >ĂŬĞ ZĞŶŽǀĂƚŝŽŶ ƉƌŽũĞĐƚ͘ Dƌ͘ ^ŵŝƚŚ ĂŶĚ dŝŵ DƵůŝ ĂƌĞ ĐƵƌƌĞŶƚůǇ ƉƌŽǀŝĚŝŶŐ ďŝĚ ƐƵƉƉŽƌƚ ĂŶĚ ĐŽŶƐƚƌƵĐƚŝŽŶ ƐƵƉƉŽƌƚ ƐĞƌǀŝĐĞ ƚŽ ƚŚĞ ŝƚǇ ŽĨ ^ĂŶƚĂ ŶĂ ĨŽƌ ƚŚĞ ĐŽŶƐƚƌƵĐƚŝŽŶ ŽĨ ƚŚĞ ƉƌŽƉŽƐĞĚ ůĂŬĞ ƌĞŶŽǀĂƚŝŽŶ ŝŵƉƌŽǀĞŵĞŶƚƐ͘dŚĞĚĞƐŝŐŶ ƚĞĂŵƉƌĞƉĂƌĞĚĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐĨŽƌ ƚŚĞůĂŬĞǁĂƚĞƌƋƵĂůŝƚǇƐǇƐƚĞŵ ;ďŝŽĨŝůƚĞƌƐ͕ ǁĞƚůĂŶĚƐͿ͕ůĂŬĞĞĚŐĞŵŽĚŝĨŝĐĂƚŝŽŶƐ͕ďŝŽůŽŐŝĐĂůǀĞĐƚŽƌĐŽŶƚƌŽůĨĞĂƚƵƌĞƐ͕ůĂŬĞƉƵŵƉƐƚĂƚŝŽŶƐ͕ǁĂƚĞƌĨĞĂƚƵƌĞƐ;ũĞƚƐͿ͕ĂŶĚ ůĂŬĞĂƉƉƵƌƚĞŶĂŶĐĞƐ͘ĞŶƚĞŶŶŝĂůWĂƌŬ>ĂŬĞŝƐĂŶϴͲĨƚĚĞĞƉ͕ϵ͘ϱͲĂĐƌĞůĂŬĞƚŚĂƚǁĂƐĐŽŶƐƚƌƵĐƚĞĚŝŶϭϵϳϴ͘dŚĞĚĞƐŝŐŶ ƚĞĂŵƉĞƌĨŽƌŵĞĚĂƐƚƵĚǇŽĨƚŚĞůĂŬĞƚŽŝĚĞŶƚŝĨǇƚŚĞĚĞĨŝĐŝĞŶĐŝĞƐŽĨƚŚĞůĂŬĞŝŶĂƐĞƉĂƌĂƚĞƉƌŽũĞĐƚ͘KŶĐĞƚŚĞĚĞĨŝĐŝĞŶĐŝĞƐ ǁĞƌĞŝĚĞŶƚŝĨŝĞĚƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂĐŽŵŵŝƐƐŝŽŶĞĚĂƉƌŽũĞĐƚƚŽƉƌĞƉĂƌĞĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐƚŽŝŵƉůĞŵĞŶƚƚŚĞ ŶĞĐĞƐƐĂƌǇƌĞŵĞĚŝĂƚŝŽŶŵĞĂƐƵƌĞƐĂŶĚƚŽŝŵƉƌŽǀĞƚŚĞůĂŬĞĂŶĚƉĂƌŬŝŶƚŚĞǀŝĐŝŶŝƚǇŽĨƚŚĞůĂŬĞ City Council 17 – 37 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 15 WƌŽũĞĐƚEĂŵĞ͗ ZŽĐŬƉŽƌƚZĂŶĐŚ>ĂŬĞ
ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϮϮͲƵƌƌĞŶƚ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϰϬ͕ϬϬϬ
ůŝĞŶƚZĞĨĞƌĞŶĐĞ͗ ƵĚĞŬ
EŝĐŽůĞZŝĞŐĞƌ
WƌŽũĞĐƚDĂŶĂŐĞƌ
ϳϲϬ͘ϰϭϵ͘ϰϲϰϴ
[email protected]
<ĞǇ^ƚĂĨĨ͗ :ŽŶŝƐ^ŵŝƚŚ͕W
͖dŝŵDƵůŝ͕W

Description of Project: Mr. Smith served as project QC manager and lead project engineer for the RockportLake Design Project. Dƌ͘^ŵŝƚŚƉƌŽǀŝĚĞĚĚĞƐŝŐŶĂŶĚĞŶŐŝŶĞĞƌŝŶŐŽǀĞƌƐŝŐŚƚĂŶĚŐƵŝĚĂŶĐĞƐĞƌǀŝĐĞƐƚŽƵĚĞŬĞŶŐŝŶĞĞƌŝŶŐƐƚĂĨĨ ƚŽĚĞǀĞůŽƉƚŚŝƐŶĞǁĐŽŵŵƵŶŝƚǇůĂŬĞ͘Dƌ͘^ŵŝƚŚŐƵŝĚĞĚƚŚĞĚĞƐŝŐŶƚĞĂŵĚĞǀĞůŽƉĂƐƵƐƚĂŝŶĂďůĞůĂŬĞƚŚĂƚĐĂŶďĞŵĂŶĂŐĞĚ ǁŝƚŚ ŶĂƚƵƌĂůŝǌĞĚŵĂŶĂŐĞŵĞŶƚ ƚĞĐŚŶŝƋƵĞƐ ǁŝƚŚŽƵƚ ƚŚĞ ƵƐĞ ŽĨ ĐŚĞŵŝĐĂů ŝŶƉƵƚƐ͘ >ĞĚ ďǇDƌ͘ ^ŵŝƚŚ͕ ƚŚĞ ĚĞƐŝŐŶ ƚĞĂŵ ĚĞƐŝŐŶĞĚ Ă ůĂŬĞ ďŝŽĨŝůƚƌĂƚŝŽŶ͕ ǁĞƚůĂŶĚ ĂƋƵĂƚŝĐ ǀĞŐĞƚĂƚŝŽŶ ƐǇƐƚĞŵ͕ ůĂŬĞ ĂĞƌĂƚŝŽŶ ĂŶĚ ǀĞƌƚŝĐĂů ŵŝǆŝŶŐ ƐǇƐƚĞŵ͕ ůĂŬĞ ŚŽƌŝǌŽŶƚĂůĐŝƌĐƵůĂƚŝŽŶƐǇƐƚĞŵ͕ĂŶĚŵĂĐƌŽƚƌĂƐŚƌĞŵŽǀĂůĨŝůƚĞƌƐ͘ Dƌ͘^ŵŝƚŚĂŶĚdŝŵDƵůŝĂƌĞ ĐƵƌƌĞŶƚůǇ ƉƌŽǀŝĚŝŶŐ ďŝĚ ƐƵƉƉŽƌƚĂŶĚ ĐŽŶƐƚƌƵĐƚŝŽŶ ƐƵƉƉŽƌƚ ƐĞƌǀŝĐĞ ƚŽ >ĞŶŶĂƌ ĨŽƌ ƚŚĞ ĐŽŶƐƚƌƵĐƚŝŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚůĂŬĞ͘
City Council 17 – 38 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 16 WƌŽũĞĐƚEĂŵĞ͗ dŚĞ>ĂŬĞƐĂƚDĞŶŝĨĞĞ
ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϮϮ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϯϬ͕ϬϬϬ
ůŝĞŶƚZĞĨĞƌĞŶĐĞ͗ dŚĞ>ĂŬĞƐ,ŽŵĞŽǁŶĞƌƐƐƐŽĐ͘ >ĞĞ:ĞĨĨƌĞǇ
,KDĂŶĂŐĞƌ
ϵϱϭ͘ϱϰϭ͘ϵϱϭϮ
[email protected]
<ĞǇ^ƚĂĨĨ͗ :ŽŶŝƐ^ŵŝƚŚ͕W
͖dŝŵDƵůŝ͕W

ĞƐĐƌŝƉƚŝŽŶŽĨWƌŽũĞĐƚ͗Dƌ͘^ŵŝƚŚƐĞƌǀĞĚĂƐWƌŽũĞĐƚŵĂŶĂŐĞƌͬWƌŽũĞĐƚ ŶŐŝŶĞĞƌ ĨŽƌdŚĞ>ĂŬĞƐƉƌŽũĞĐƚ͘Dƌ͘^ŵŝƚŚ
ƉƌŽǀŝĚĞĚĚĞƐŝŐŶĂŶĚĞŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐƚŽĞǀĂůƵĂƚĞƚŚĞĞǆŝƐƚŝŶŐůĂŬĞĨĂĐŝůŝƚŝĞƐĂŶĚĚĞǀĞůŽƉĂůĂŬĞƌĞŶŽǀĂƚŝŽŶƉůĂŶ ƚŽĂĚĚƌĞƐƐĞǆŝƐƚŝŶŐůĂŬĞĚĞĨŝĐŝĞŶĐŝĞƐ͕ŝŵƉƌŽǀĞǁĂƚĞƌƋƵĂůŝƚǇ͕ ƌĞĚƵĐĞůŝŬĞůŝŚŽŽĚŽĨŐŽůĚĞŶĂůŐĂĞďůŽŽŵ ĨŽƌŵĂƚŝŽŶ͕ ĂĚĚƌĞƐƐĂĐĐƵŵƵůĂƚĞĚƉŽůůƵƚĞĚƐĞĚŝŵĞŶƚŝƐƐƵĞƐ͕ĂŶĚŝŵƉƌŽǀĞ ƚŚĞůĂŬĞ ĨŝƐŚĞƌǇ͘Dƌ͘^ŵŝƚŚ ůĞĚ ƚŚĞ :^ΘdD ƚĞĂŵŝŶ ĚĞǀĞůŽƉŝŶŐĂůĂŬĞƌĞŶŽǀĂƚŝŽŶĐŽŶĐĞƉƚƚŽƚƌĂŶƐĨŽƌŵƚŚĞĞǆŝƐƚŝŶŐůĂŬĞŝŶƚŽĂƐƵƐƚĂŝŶĂďůĞůĂŬĞƚŚĂƚĐĂŶďĞŵĂŶĂŐĞĚǁŝƚŚ ŶĂƚƵƌĂůŝǌĞĚŵĂŶĂŐĞŵĞŶƚƚĞĐŚŶŝƋƵĞƐǁŝƚŚŽƵƚƚŚĞƵƐĞŽĨĐŚĞŵŝĐĂůŝŶƉƵƚƐ͘Dƌ͘^ŵŝƚŚĚĞƐŝŐŶĞĚĂůĂŬĞďŝŽĨŝůƚƌĂƚŝŽŶ͕ ǁĞƚůĂŶĚĂƋƵĂƚŝĐǀĞŐĞƚĂƚŝŽŶƐǇƐƚĞŵ͕ƉĂŶĨŝƐŚĂŶĚďĂƐƐƐƉĂǁŶŝŶŐďĞĚƐ͕ůĂŬĞŚŽƌŝǌŽŶƚĂůĐŝƌĐƵůĂƚŝŽŶƐǇƐƚĞŵ͕ĂŶĚŵĂĐƌŽ ƚƌĂƐŚƌĞŵŽǀĂůĨŝůƚĞƌƐ͘Dƌ͘^ŵŝƚŚĂůƐŽĚĞǀĞůŽƉĞĚĂĚĞƐŝŐŶĨŽƌƚŚĞůĂŬĞďŽŐƐƚŽƌĞĐŽŶĨŝŐƵƌĞƚŚĞŵƚŽĨƵŶĐƚŝŽŶĂƐǁĞƚůĂŶĚ ĨŝůƚĞƌƐƚŚĂƚƚƌĞĂƚŽĨĨƐŝƚĞƐƚŽƌŵǁĂƚĞƌĂŶĚŶŽŶͲƐƚŽƌŵǁĂƚĞƌƌƵŶŽĨĨDWƐĂŶĚĂŶŽǆŝĐďŝŽĨŝůƚĞƌƐĨŽƌƚŚĞůĂŬĞ͘Dƌ͘^ŵŝƚŚ ĂůƐŽĚĞǀĞůŽƉĞĚĂĐŽŵƉƌĞŚĞŶƐŝǀĞůĂŬĞŵĂŶĂŐĞŵĞŶƚŐƵŝĚĞͬŵĂŶƵĂůĨŽƌƚŚĞ,KƚŽŐƵŝĚĞƚŚĞĂĐƚŝǀŝƚŝĞƐĂŶĚŽĨƚŚĞůĂŬĞ ŵĂŶĂŐĞŵĞŶƚƉĞƌƐŽŶŶĞů͘
City Council 17 – 39 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 17 F. Schedule
:^ΘdDŚĞƌĞďǇĂƐƐƵƌĞƐƚŚĞŝƚǇŽĨ:^ΘdD͛ƐĂďŝůŝƚǇĂŶĚĂǀĂŝůĂďŝůŝƚǇƚŽĐŽŵƉůĞƚĞƚŚĞƐĐŽƉĞŽĨǁŽƌŬ͘tĞǁŝůůĐŽŵƉůĞƚĞƐƚƵĚŝĞƐ͕ ĨŝŶĂůƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚĞƐƚŝŵĂƚĞƐŽŶŽƌďĞĨŽƌĞKĐƚŽďĞƌϮϯ͕ϮϬϮϯ͘:^ΘdDŚĂƐĚĞƐŝŐŶĂƚĞĚ:ŽŶŝƐ^ŵŝƚŚ͕W ĂƐƚŚĞ
WƌŽũĞĐƚDĂŶĂŐĞƌŽŶƚŚŝƐƉƌŽũĞĐƚ͘,ĞǁŝůůďĞĨƵůůǇĐŽŵŵŝƚƚĞĚĂŶĚĂǀĂŝůĂďůĞƚŽĞŶƐƵƌĞƚŚĂƚĂůůŝƚǇĚĞůŝǀĞƌĂďůĞƐĨŽƌƚŚŝƐƉƌŽũĞĐƚ ĂƌĞƐƵďŵŝƚƚĞĚŽŶƚŝŵĞ͘:ŽŶŝƐǁŝůůďĞƐƵƉƉŽƌƚĞĚďǇdŝŵDƵůŝ͕W ŝŶƚŚĞĚĞƐŝŐŶƉƌŽĐĞƐƐ͕ƚŽŐĞƚŚĞƌǁŝƚŚƚǁŽĚĞĚŝĐĂƚĞĚ
ĚĞƐŝŐŶĞƌƐ͘KƵƌĐƵƌƌĞŶƚĂŶĚƉƌŽũĞĐƚĞĚǁŽƌŬůŽĂĚǁŝůůŶŽƚƉƌŽŚŝďŝƚĚĞůŝǀĞƌǇŽĨƚŚĞƉƌŽũĞĐƚŽŶƐĐŚĞĚƵůĞ͘dŚĞĨŽůůŽǁŝŶŐ&ŝŐƵƌĞͲϮ͕ WƌŽũĞĐƚ^ĐŚĞĚƵůĞ͕ŝůůƵƐƚƌĂƚĞƐŽƵƌƉƌŽũĞĐƚĞĚƉƌŽũĞĐƚŵŝůĞƐƚŽŶĞƐ͘ G. References
KƵƌWƌŝŶĐŝƉĂů
ŶŐŝŶĞĞƌƐŚĂǀĞďĞĞŶƐĞƌǀŝĐŝŶŐƉƵďůŝĐĂŐĞŶĐǇĐůŝĞŶƚƐŝŶ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂĨŽƌĂĐŽŵďŝŶĞĚƚŽƚĂůŽĨϰϴͲ ǇĞĂƌƐ͘tĞŚĂǀĞŶƵŵĞƌŽƵƐƉƵďůŝĐĂŐĞŶĐǇƌĞĨĞƌĞŶĐĞƐƚŚĂƚŚĂǀĞƌĞĐĞŶƚůǇǁŽƌŬĞĚĚŝƌĞĐƚůǇǁŝƚŚ:͘^ŵŝƚŚΘd͘DƵůŝ͕/ŶĐ͘ ĂŶĚŝŶĚŝǀŝĚƵĂůůǇǁŝƚŚDƌ͘^ŵŝƚŚĂŶĚDƌ͘DƵůŝ͘tĞŚĂǀĞƉƌŽǀŝĚĞĚĨŝǀĞ;ϱͿƉƵďůŝĐĂŐĞŶĐǇƌĞĨĞƌĞŶĐĞƐďĞůŽǁ͗ WƵďůŝĐ
ŶƚŝƚǇZĞĨĞƌĞŶĐĞͲϭ͗
EĂŵĞŽĨWƌŽũĞĐƚ͗ ,ĂŝŐŚZŽĂĚƌĂŝŶĂŐĞŚĂŶŶĞů/ŵƉƌŽǀĞŵĞŶƚƐWƌŽũĞĐƚ ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϭϳʹϮϬϭϵ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϯϮϬ͕ϬϬϬ
WƵďůŝĐŐĞŶĐǇZĞĨĞƌĞŶĐĞ͗ ŝƚǇŽĨ^ĂŶƚĂŶĂ
EĂĚĞƌ,ĞǇĚĂƌŝ͕W

ŝƌĞĐƚŽƌŽĨWƵďůŝĐtŽƌŬƐ
ϴϬϱ͘ϰϰϵ͘ϮϯϵϮ
ŶŚĞǇĚĂƌŝΛƚŽĂŬƐ͘ŽƌŐ
<ĞǇ^ƚĂĨĨ͗ dŝŵDƵůŝ͕W
͕:ŽŶŝƐ^ŵŝƚŚ͕W
͘
WƵďůŝĐ
ŶƚŝƚǇZĞĨĞƌĞŶĐĞͲϮ͗
EĂŵĞŽĨWƌŽũĞĐƚ͗ WĂĐŝĨŝĐƌƌŽǇŽŽŵŵƵŶŝƚǇ
ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϮϮʹƵƌƌĞŶƚ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϴϬ͕ϬϬϬ
WƵďůŝĐŐĞŶĐǇZĞĨĞƌĞŶĐĞ͗sĞŶƚƵƌĂŽƵŶƚǇtĂƚĞƌƐŚĞĚWƌŽƚĞĐƚŝŽŶŝƐƚƌŝĐƚ DĂƐŽŽĚ:ŝůĂŶŝ͕W

ŶŐŝŶĞĞƌŝŶŐDĂŶĂŐĞƌ
ϴϬϱ͘ϲϱϰ͘ϮϬϮϵ
DĂƐŽŽĚ͘ũŝůĂŶŝΛǀĞŶƚƵƌĂ͘ŽƌŐ
<ĞǇ^ƚĂĨĨ͗ :ŽŶŝƐ^ŵŝƚŚ͕W
ĂŶĚdŝŵDƵůŝ͕W

dŚĞĐŝƚǇƚĞĂŵŚĂĚĂŐƌĞĂƚĞǆƉĞƌŝĞŶĐĞǁŝƚŚdŝŵDƵůŝ
ŽŶƚŚĞĐŽŵƉůĞǆ,ĂŝŐŚZŽĂĚ^ƚŽƌŵƌĂŝŶWƌŽũĞĐƚ͕
ŶŽƚĂďůǇŽŶŚŝƐĞĨĨŽƌƚƐůĞĂĚŝŶŐƵƉƚŚĞĚĞƐŝŐŶĂŶĚ
ĞŶŐŝŶĞĞƌŝŶŐĨŽƌƚŚĞƉƌŽũĞĐƚ͕ŝŶĐůƵĚŝŶŐƚŚĞƵƚŝůŝƚǇ
ĐŽŽƌĚŝŶĂƚŝŽŶĂŶĚƉƵďůŝĐŽƵƚƌĞĂĐŚĨŽƌƚŚĞƉƌŽũĞĐƚ͘,Ğ
ĂůƐŽƉůĂǇĞĚĂŬĞǇƌŽůĞŝŶƐƵƉƉŽƌƚĞŶƐƵƌŝŶŐƚŚĞ
ƉƌŽũĞĐƚǁĂƐĐŽŵƉůĞƚĞĚƐƵĐĐĞƐƐĨƵůůǇǁŝƚŚŚŝƐƐƚƌŽŶŐ
ƐƵƉƉŽƌƚĚƵƌŝŶŐƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐĞŽĨƚŚĞ
ƉƌŽũĞĐƚ͘
EĂĚĞƌ,ĞǇĚĂƌŝ
ĞƉƵƚǇŝƌĞĐƚŽƌͬŝƚǇ
ŶŐŝŶĞĞƌ
ŝƚǇŽĨ^ĂŶƚĂŶĂ
City Council 17 – 40 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 18 WƵďůŝĐ
ŶƚŝƚǇZĞĨĞƌĞŶĐĞͲϯ͗
WƌŽũĞĐƚEĂŵĞ͗ ĞŶƚĞŶŶŝĂůWĂƌŬ>ĂŬĞZĞŶŽǀĂƚŝŽŶ
ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϭϳͲƵƌƌĞŶƚ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϯϬϬ͕ϬϬϬ
WƵďůŝĐŐĞŶĐǇZĞĨĞƌĞŶĐĞ͗ ŝƚǇŽĨ^ĂŶƚĂŶĂ
^Ƶǌŝ&ƵƌũĂŶŝĐ
ƐƐŽĐŝĂƚĞWĂƌŬĂŶĚ>ĂŶĚƐĐĂƉĞWůĂŶŶĞƌ
ϳϭϰ͘ϱϳϭ͘ϰϮϰϭ
[email protected]
<ĞǇ^ƚĂĨĨ͗ :ŽŶŝƐ^ŵŝƚŚ͕W
͖dŝŵDƵůŝ͕W

WƵďůŝĐ
ŶƚŝƚǇZĞĨĞƌĞŶĐĞͲϰ͗
EĂŵĞŽĨƚŚĞWƌŽũĞĐƚ͗ tŝůĚǁŽŽĚƌĞĞŬͬtŝůĚǁŽŽĚĂŶǇŽŶZĚ͘ĞƚĞŶƚŝŽŶĂƐŝŶWƌŽũĞĐƚ ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϭϴʹϮϬϮϬ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϮϯϬ͕ϬϬϬ
WƵďůŝĐŐĞŶĐǇZĞĨĞƌĞŶĐĞ͗ ŝƚǇŽĨzƵĐĂŝƉĂ
DŝŬĞ^ĞĂů͕W

^ƌ͘
ŶŐŝŶĞĞƌ
ϵϬϵ͘ϳϵϳ͘Ϯϰϴϵ͕
ŵƐĞĂůΛǇƵĐĂŝƉĂ͘ŽƌŐ
<ĞǇ^ƚĂĨĨ͗ dŝŵDƵůŝ͕W
͖:ŽŶŝƐ^ŵŝƚŚ͕W

WƵďůŝĐ
ŶƚŝƚǇZĞĨĞƌĞŶĐĞͲϱ͗
WƌŽũĞĐƚEĂŵĞ͗ >ĂŐƵŶĂĂŶǇŽŶŚĂŶŶĞů/ŵƉƌŽǀĞŵĞŶƚWƌŽũĞĐƚͲĞĂĐŚ^ƚƌĞĞƚƚŽdŚĞKĐĞĂŶ ĂƚĞŽĨ^ĞƌǀŝĐĞƐ͗ ϮϬϭϴʹϮϬϮϬ
ŽŶƚƌĂĐƚsĂůƵĞ͗ ΨϰϯϬ͕ϬϬϬ
WƵďůŝĐŐĞŶĐǇZĞĨĞƌĞŶĐĞ͗ŝƚǇŽĨ>ĂŐƵŶĂĞĂĐŚ
dŽŵWĞƌĞǌ͕W

^ĞŶŝŽƌŝǀŝů
ŶŐŝŶĞĞƌ
ϵϰϵ͘ϰϲϰ͘ϲϲϴϴ
ƚƉĞƌĞǌΛůĂŐƵŶĂďĞĂĐŚĐŝƚǇ͘ŶĞƚ
<ĞǇ^ƚĂĨĨ͗ :ŽŶŝƐ^ŵŝƚŚ͕W
͖dŝŵDƵůŝ͕W

City Council 17 – 41 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 19 H. Fee
^ĞĞƚŚĞWƌŽũĞĐƚ&ĞĞWƌŽƉŽƐĂůƚŚĂƚǁĞŚĂǀĞƉƌŽǀŝĚĞĚƐĞƉĂƌĂƚĞůǇŝŶƚŚĞWůĂŶĞƚŝĚƐƐǇƐƚĞŵ͕ǁŚŝĐŚŝŶĐůƵĚĞƐŽƵƌ^ƚĂŶĚĂƌĚ ,ŽƵƌůǇ&ĞĞ^ĐŚĞĚƵůĞĂŶĚŽƵƌƉƌŽƉŽƐĞĚWƌŽũĞĐƚ&ĞĞ^ĐŚĞĚƵůĞƚŚĂƚĂůƐŽƐŚŽǁƐƚŚĞdŽƚĂů&ĞĞ͘KƵƌĨĞĞŝŶĐůƵĚĞƐůĂďŽƌ͕ ŵĂƚĞƌŝĂůƐ͕ƌĞƉƌŽŐƌĂƉŚŝĐƐ͕ŵĞĞƚŝŶŐƐ͕ĂŶĚƉƌĞƐĞŶƚĂƚŝŽŶƐ͘:^ΘdDƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂůůĂƉƉƌŽǀĞĚĚĞůŝǀĞƌĂďůĞƉƌŽĚƵĐƚƐƐŚĂůů ďĞĐŽŵĞƉƌŽƉĞƌƚǇŽĨƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂ͘ůůĐŚĂƌŐĞƐĨŽƌƐĞƌǀŝĐĞƐǁŝůůďĞĂ͞EŽƚͲdŽͲ ǆĐĞĞĚ͟ĨĞĞ͕ĂƐƐƵďŵŝƚƚĞĚǁŝƚŚ͕
ĂŶĚŵĂĚĞƉĂƌƚŽĨƐĂŝĚ:^ΘdD͛Ɛ&ĞĞ
City Council 17 – 42 6/20/2023
Thornton Park Lake Circulation Study and Renovations Page 20 Appendix - A
I. Figure-1 Proposed Lake Features
II. Figure-2 Project Schedule
III. Resumes
IV. City Forms
x EŽŶͲŽůůƵƐŝŽŶĨĨŝĚĂǀŝƚ
x EŽŶͲ>ŽďďǇŝŶŐĞƌƚŝĨŝĐĂƚŝŽŶ
x EŽŶͲŝƐĐƌŝŵŝŶĂƚŝŽŶĞƌƚŝĨŝĐĂƚŝŽŶ
City Council 17 – 43 6/20/2023

FIGURES
City Council 17 – 44 6/20/2023

THORNTON LAKE
W SEGERSTORM AVE.

LEGEND
·
City Council 17 – 45 6/20/2023
)LJ
XUH

7 K
RUQWR
Q
3 DUN
/
D
N
H 3URMH
FW 6
F
K
H
G
XOH
City Council 17 – 46 6/20/2023

CITY FORMS
City Council 17 – 47 6/20/2023
City Council 17 – 48 6/20/2023
City Council 17 – 49 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

Page 1 of 1 ends

NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:
00 and that all suchsubrecip
President
J. Smith & T. Muli, Inc.

February 23, 2023
City Council 17 – 50 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

Page 1 of 2 ends

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

City Council 17 – 51 6/20/2023

CITY OF SANTA ANA
RFP NO.: 22-151

THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS

Page 2 of 2 ends

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:
p
President
J. Smith & T. Muli, Inc.

February 23, 2023
City Council 17 – 52 6/20/2023

EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 17 – 53 6/20/2023

FEE PROPOSAL

THORNTON PARK LAKE CIRCULATION STUDY AND

RENOVATIONS PROJECT
RFP NO.: 22-151
JS&TM PRN: 23010
:͘^D/d,Θd͘Dh>//E͘
ϯϯϭϲϭD/EKW/^dZEK͕^h/d
Ͳ
^E:hEW/^dZEK͕ϵϮϲϳϱ
/ZηWtͲ>ZͲϭϬϬϬϴϵϯϵϯϭ
^ƚĂƚĞŽĨͬh^KdĞƌƚŝĨŝĞĚ
ηϱϬϵϴϭ
^ƚĂƚĞŽĨ^
ηϮϬϮϲϳϴϰ
^ƚĂƚĞŽĨD
ηϮϮϬϬϬϰϬϬ
City Council 17 – 54 6/20/2023
Cover Letter
&ĞďƌƵĂƌǇϮϴ͕ϮϬϮϯ
ƚƚŶ͗^Ƶǌŝ&ƵƌũĂŶŝĐ͕/
ƐƐŽĐŝĂƚĞWĂƌŬΘ>ĂŶĚƐĐĂƉĞWůĂŶŶĞƌ
ŝƚǇŽĨ^ĂŶƚĂŶĂ͕WƵďůŝĐtŽƌŬƐŐĞŶĐǇ
ϮϬŝǀŝĐĞŶƚĞƌWůĂǌĂ͕^ĂŶƚĂŶĂ͕ϵϮϳϬϭ
ƐĨƵƌũĂŶŝĐΛƐĂŶƚĂͲĂŶĂ͘ŽƌŐ
^ƵďũĞĐƚ͗ &ĞĞWƌŽƉŽƐĂůĨŽƌdŚŽƌŶƚŽŶWĂƌŬ>ĂŬĞŝƌĐƵůĂƚŝŽŶ^ƚƵĚǇĂŶĚZĞŶŽǀĂƚŝŽŶƐ WƌŽũĞĐƚ
:͘^ŵŝƚŚΘd͘DƵůŝ/ŶĐ;:^ΘdDͿŝƐƉůĞĂƐĞĚƚŽƉƌŽǀŝĚĞŽƵƌƉƌŽƉŽƐĂůĨŽƌƉƌŽĨĞƐƐŝŽŶĂů>ĂŬĞ ŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐ
ƚŽƚŚĞŝƚǇŽĨ^ĂŶƚĂŶĂ͘tĞĂƉƉƌĞĐŝĂƚĞƚŚŝƐŽƉƉŽƌƚƵŶŝƚǇƚŽƐƵďŵŝƚŽƵƌĨĞĞƉƌŽƉŽƐĂůƚŽƚŚĞĐŝƚǇĂŶĚĂƌĞĂǀĂŝůĂďůĞƚŽ ďĞŐŝŶǁŽƌŬŝŵŵĞĚŝĂƚĞůǇ͘:^ΘdDŚĂƐĐĂƌĞĨƵůůǇƌĞǀŝĞǁĞĚƚŚĞƉƌŽũĞĐƚƌĞƋƵĞƐƚĨŽƌƉƌŽƉŽƐĂů;Z&WͿand we are willing to enter into a professional services agreement with the ŝƚǇƵŶĚĞƌƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƚŝŽŶƐƉƌĞƐĐƌŝďĞĚƚŚĞƌĞŝŶ͘tĞ ƵŶĚĞƌƐƚĂŶĚƚŚĂƚĂůůĐŽŵƉĞŶƐĂƚŝŽŶǁŝůůďĞŽŶŶŽƚͲƚŽͲĞǆĐĞĞĚĐŽŶƚƌĂĐƚůŝŵŝƚƐďĂƐŝƐĂŶĚĂůůĨĞĞƐĂŶĚƌĂƚĞƐƐŚĂůůďĞĞĨĨĞĐƚŝǀĞ ĨŽƌƚŚĞƚĞƌŵŽĨƚŚĞĂŐƌĞĞŵĞŶƚ͘KƵƌƌĂƚĞƐĨŽƌƚŚĞƚĞƌŵŽĨƚŚĞĂŐƌĞĞŵĞŶƚĂƌĞŽƵƌƐƚĂŶĚĂƌĚƌĂƚĞƐĂƐƌĞĨůĞĐƚĞĚŽŶ ƚŚĞ ĨŽůůŽǁŝŶŐƉĂŐĞƐ͘WůĞĂƐĞĚŽŶŽƚŚĞƐŝƚĂƚĞƚŽĐŽŶƚĂĐƚ:ŽŶŝƐ^ŵŝƚŚ͕W Ăƚϵϰϵ͘ϮϭϮ͘ϬϵϭϲŽƌ[email protected]ĂŶĚdŝŵ
DƵůŝ͕W
Ăƚϵϰϵ͘ϯϳϴ͘ϬϲϯϮŽƌƚŵƵůŝΛũƐƚŵŝŶĐ͘ĐŽŵƐŚŽƵůĚǇŽƵŚĂǀĞƋƵĞƐƚŝŽŶƐŽƌƌĞƋƵŝƌĞĨƵƌƚŚĞƌŝŶĨŽƌŵĂƚŝŽŶ͘WůĞĂƐĞ ƐĞŶĚĂůůŶŽƚŝĨŝĐĂƚŝŽŶƐ ƚŽďŽƚŚ :ŽŶŝƐ^ŵŝƚŚ͕W
͕ĂŶĚdŝŵDƵůŝ͕W
ǁŚŽĂƌĞďŽƚŚĂƵƚŚŽƌŝǌĞĚ ƚŽďŝŶĚ :^ΘdD͘tĞůŽŽŬ
ĨŽƌǁĂƌĚƚŽƚŚĞŽƉƉŽƌƚƵŶŝƚǇƚŽĚŝƐĐƵƐƐŽƵƌƉƌŽƉŽƐĂůŝŶŐƌĞĂƚĞƌĚĞƚĂŝůǁŝƚŚƚŚĞŝƚǇƐƚĂĨĨ͘dŚĂŶŬǇŽƵ͘ KƵƌŽĨĨŝĐĞĐŽŶƚĂĐƚŝŶĨŽƌŵĂƚŝŽŶŝƐƉƌŽǀŝĚĞĚďĞůŽǁ͗
ϯϯϭϲϭĂŵŝŶŽĂƉŝƐƚƌĂŶŽ͕^ƵŝƚĞͲ
^ĂŶ:ƵĂŶĂƉŝƐƚƌĂŶŽ͕ϵϮϲϳϱ
ϵϰϵ͘ϯϮϵ͘ϯϲϯϵ
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City Council 17 – 55 6/20/2023

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City Council 17 – 56 6/20/2023
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2023
2023 City Council 17 – 57 6/20/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Agreement for Street Lighting Master Plan

AGENDA TITLE
Approve an Agreement with Clanton & Associates, Inc. to Prepare a Street Lighting Master Plan for an Amount Not to Exceed $640,475, for up to a Four-Year Term (General Fund)

RECOMMENDED ACTION

1. Authorize budget reallocation of $116,416 in unspent Streetlight Maintenance Service Enhancement Account (General Fund) funds from the Riverview Neighborhood Street Lighting Project (No. 23-6030) to the Street Lighting Master Plan.

2. Authorize the City Manager to execute a consultant agreement with Clanton & Associates, Inc. to prepare a Street Lighting Master Plan for an amount not to exceed $640,475, for a two-year term beginning June 20, 2023 and expiring June 19, 2025, with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency‘s Traffic Engineering Division is responsible for the operation and maintenance of the City’s street lighting system. The street lighting system is comprised of approximately 15,000 streetlights within the public right-of-way, of which roughly 12,000 are City owned and maintained, and 3,500 are Southern California Edison (SCE) owned and maintained.

On April 4, 2017, the City Council approved the purchase of the street light system from SCE. Since then, the City has upgraded all City-owned street lights with light-emitting diode (LED) lights and worked with SCE to upgrade the SCE-owned lights with LED as well. More recently, the City has begun expanding the system and installing streetlights in non-lit and under-lit areas. To appropriately plan for the continued maintenance, enhancement, and growth of the street lighting system in the last five years, a thorough assessment and master plan is needed. The proposed Street Lighting Master Plan will include an up-to-date inventory list of City- and SCE-owned streetlights, identify areas in City Council 18 – 1 6/20/2023
Agreement for Street Lighting Master Plan
June 20, 2023

Page 2 ends

need of additional lighting and/or upgrade of existing lighting, and develop future goals for the system.

The Public Works Agency desires to have a clear plan for the future that accomplishes the following:
o Identifies the current system inventory and provides an assessment of the condition and lighting levels or needs in relation to street classifications, land use, pedestrian’s activity centers, and transit.
o Evaluates the existing lighting system for compliance with national standards, areas with inadequate lighting, and decorative lighting districts. o Provides recommendations regarding the ability to incorporate Smart City strategies that leverage existing City infrastructure investments, would yield cost/energy efficiencies, or may serve as a platform for future technologies. o Identifies and implements a comprehensive strategy and methodology for resident involvement in the Street Lighting Plan development process. o Develops an action plan for prioritizing, phasing, funding, and accomplishing the identified needs.

The purpose of the Street Lighting Master Plan is to focus on immediate, short-term, and long-term development, and improvement strategies that correspond to the needs and priority investments for the Street Lighting system.

On April 5, 2023, staff released Request for Proposals (RFP) No. 23-041, by which it sought the services of a qualified consulting firm to prepare the City’s first Street Lighting Master Plan.

The RFP was advertised on PlanetBids, and proposals were received electronically via PlanetBids on May 3, 2023. The City notified a total of 943 regional vendors via PlanetBids, forty-eight of which are Santa Ana based. Fifty vendors requested bidding documents, and three proposals were received and evaluated by a selection committee.

Based on criteria outlined in the RFP, the following summarizes the top responding firms:

Firm City Ranking
Clanton & Associates Boulder, CO 1
Tanko Lighting San Francisco, CA 2
Iteris, Inc. Santa Ana, CA 3
Staff recommends awarding an agreement to Clanton & Associates, Inc., to provide Street Lighting Master Plan consulting services (Exhibit 1). Clanton & Associates, Inc. is a leader in lighting design and electrical engineering who employ a multi-disciplinary team of civil engineers, community engagement leaders, and other related professionals. Clanton & Associates, Inc. has 40 years of experience and has worked with public and private agencies, and their constituents, throughout the United States to City Council 18 – 2 6/20/2023
Agreement for Street Lighting Master Plan
June 20, 2023

Page 3 ends

effectively address any issues on the planning and design spectrum related to street lighting — concept to construction, strategic plan to master plan, innovations to reduce climate change, increase safety and equity, sustainability to feasibility, and everything in between. The depth of their expertise encompasses the full range of assessment, analysis, outreach, design, and planning methods/skills required to help communities create and responsibly manage available resources, ensuring the right balance in the safety, character, equity, and responsibility that is considerate of the community needs and appropriate for the zoning and land use now and in the future.

FISCAL IMPACT
Approval of the request to reallocate funds will provide funding in the amount of $116,416 in unspent Streetlight Maintenance Service Enhancement Account (General Fund) funds from the Riverview Neighborhood Street Lighting Project (No. 23-6030).

Funding is available in the FY 2022-23 budget and staff will request a carryover in September for the unspent amount. If the City Council adopts the budget ordinance, the FY 2023-24 budget will include the remainder of the funding necessary for the agreement.

Fiscal Year
Accounting Unit
- Account #
(Project No.)
Fund
Descripti
on
Accounting Unit,
Account Description Amount
Existing Budget
2022-23 01117630-62300 General
Fund
PW-St Light
Maintenance Service
Enhancement-Contract
Services Professional
$364,185
Additional Budget/Budget Reallocation
2022-23
01117630-62300
(From 23-6030
to SL Master
Plan)
General
Fund
PW-St Light
Maintenance Service
EnhancementImprovements Other
Than Building
$116,416
2023-24 01117620-62300 General
Fund
PW-Traffic/Trans
Service EnhancementsContract Services
Professional
$159,874
Total: $640,475
City Council 18 – 3 6/20/2023
Agreement for Street Lighting Master Plan
June 20, 2023

Page 4 ends

EXHIBIT(S)

1. Agreement with Clanton & Associates, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 4 6/20/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
CLANTON & ASSOCIATES, INC. TO PREPARE A

STREET LIGHTING MASTER PLAN
THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between Clanton & Associates, 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. As set forth in Request for Proposal (“RFP”) No. 23-041, issued April 5, 2023, the City desires to retain a Consultant to prepare a street lighting Master Plan for the Public Works Agency.

B. Consultant represents that Consultant is able and willing to provide such services to the City.

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

1. SCOPE OF SERVICES
Consultant shall perform all services described in the “Scope of Work” that was included in RFP No. 23-041, which is attached hereto and fully incorporated herein by this reference as Exhibit A, in addition to all services further described in “Consultant’s Proposal,” which is attached hereto and fully incorporated herein by this reference as Exhibit B.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant’s “Fee Proposal,” which is attached hereto and fully incorporated herein by this reference as Exhibit C. The total amount to be expended under the Agreement shall not exceed $640,475.00 during the term of this Agreement, including any extension periods as set forth in Section 3 below. This sum is comprised of (1) the base amount of $582,250.00 and (2) a contingency fund in the amount of $58,225.00, which is exercisable at City’s sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment EXHIBIT 1
City Council 18 – 5 6/20/2023

Page 2 of 10 ends

need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on June 20, 2023 and end on June 19, 2025, with the option for the City to grant up to two (2), one-year extensions of the Agreement, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

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 City Council 18 – 6 6/20/2023

Page 3 of 10 ends

Santa Ana City CouncilJune 20, 2023

Santa Ana City Council
June 20, 2023