Agenda packet — Santa Ana City Council, August 15, 2023 (part 3 of 4)

Cancellation by the Sponsor will be accepted only in writing.

14. NONDISCRIMINATION

Neither party shall 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. Each party affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

15. 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.

16. PERSONAL BENEFIT TO CITY OFFICERS AND EMPLOYEES IS

PROHIBITED

Sponsor must not confer a personal benefit, directly or indirectly, to any individual City officer or employee.

17. NO ENDORSEMENT

Sponsorship shall not be deemed to constitute an endorsement by City of Sponsor, its services, products, officials, board members, or owners.

18. LIMITATIONS

c. Editorial Control: City retains the right to exercise full editorial control over the placement, content, appearance, wording, and design of sponsorship materials and messages.

d. No Use of City Logo or Seal: This sponsorship agreement does not allow for the use of the City’s seal or logo by sponsor.

e. Content: Sponsorship signage, materials, advertising, handouts, etc., provided by sponsor pursuant to this agreement shall not contain the following:

(1) Obscenity;
(2) Pornography;
(3) Fighting words;
(4) Fraudulent material;

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(5) Defamatory, libelous, or slanderous material;
(6) Promotion of illegal drugs, tobacco products, gambling, or adult entertainment;
(7) Political campaign speech, speech that supports or opposes a ballot measure or initiative, speech that supports or opposes any person running for political office.

19. MISCELLANEOUS PROVISIONS

a. Each undersigned represents and warrants that its signature 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.

c. The portions of this Agreement are severable. Any invalidity, unenforceability or illegality of any provision or provisions, shall not act to invalidate the entire Agreement. Each term or provision of this Agreement shall be construed to be valid and enforceable to the fullest extent of the law.

IN WITNESS WHEREOF, the parties hereto have executed this Sponsorship 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:

SONIA R. CARVALHO SPONSOR:

City Attorney

By:

Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL:

Hawk Scott
Executive Director of Parks,
Recreation and Community Services Agency

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Finance and Management Services
www.santa-ana.org/finance
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Quarterly Report of Contracts Awarded by the City Manager

AGENDA TITLE
Receive and file Quarterly Report of Contracts authorized by the City Manager as permitted by Charter Section 421.

RECOMMENDED ACTION
Receive and file Quarterly Report of Contracts entered into between April 1, 2023 to June 30, 2023.

DISCUSSION
Section 421 of the Charter requires the City Manager to submit a Quarterly Report (Report) to the City Council disclosing all contracts approved and executed under her authority for informational purposes. The Report is required to include the names of the contractors and the amounts of each contract along with a brief description.

Section 2-748 provides the City Manager contracting authority to enter into non-public works contracts and agreements up to $50,000. On June 6, 2023, the City Council adopted an ordinance to increase the City Manager’s contracting authority for public works contracts to $500,000 (from $250,000). The ordinance became effective on July 6, 2023. This report covers activity through June 30, 2023, during which the City Manager’s authority for public works contracts was limited to $250,000.

The City Council also directed staff to include a searchable list of all City Manager authorized contracts on the City’s website. Staff has developed the searchable list, and will publish updates on the City’s website upon City Council’s approval of each Quarterly Report of Contracts.

Exhibit 1 is a listing of all purchase orders and agreements entered into during the period of April 1, 2023 to June 30, 2023, valued at amounts between $500 and $50,000 for non-public works expenditures, and up to $250,000 for public works contracts and agreements.

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

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Quarterly Report of Contracts
August 15, 2023

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EXHIBIT(S)

1. Quarterly Report of Contracts – April 1, 2023 – June 30, 2023 Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager

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EXHIBIT 1
No. Date Vendor Name Type Number Agency Amount Description 1 04/01/2023 L&S EMBROIDERY INC BOC 7908 CITYWIDE 10,000.00$ EMBROIDERED AND SCREENPRINT CLOTHING 2 04/01/2023 FERGUSON ENTERPRISES LL BOC 7961 CITYWIDE 50,000.00$ AS-NEEDED PLUMBING SUPPLIES 3 04/01/2023 PLUMBING & INDUSTRIAL SUPPLY BOC 7962 CITYWIDE 50,000.00$ AS-NEEDED PLUMBING SUPPLIES 4 04/01/2023 BOB BARKER COMPANY INC BOC 8006 POL 21,000.00$ AS-NEEDED MISCELLANEOUS INMATE SUPPLIES 5 04/01/2023 DUNN-EDWARDS CORP BOC 7906 CITYWIDE 2,500.00$ AS-NEEDED PAINT & PAINTING SUPPLIES 6 04/01/2023 PROLEGAL BOC 8063 CAO 18,876.58$ AS-NEEDED LEGAL SERVICES 7 04/03/2023 WORTHINGTON DIRECT HOLDINGS PO 125674 PRCS 12,715.71$ PLASTIC RESIN FOLDING TABLES AND CHAIRS 8 04/03/2023 CROWN TROPHY PO 125671 PRCS 9,418.43$ MEDALS FOR 5K/10K KIDS RUN 9 04/03/2023 PLAYAWAY PRODUCTS LLC PO 125670 LIB 8,634.90$ PRELOADED NARRATED CHILDRENS BOOKS (190) 10 04/03/2023 MOVIA ROBOTICS INC PO 125672 LIB 7,320.00$ MOVIA ROBOTICS TEACHER'S AIDE LICENSE RENEWAL 11 04/04/2023 SKYLINE ORANGE COUNTY PO 125686 CDA 17,031.05$ ICSC TRADE SHOW BOOTH DESIGN & FURNITURE SERVICES 12 04/04/2023 SPECIALTY EQUIPMENT PO 125679 PWA 6,555.00$ TRUCK WEATHER GUARD TOOL BOXES (QTY: 5) 13 04/04/2023 AMERICAN SANITARY SUPPLY INC PO 125677 PWA 4,998.19$ PAPER TOWELS 16-PKG (QTY: 150-CS) 14 04/04/2023 SOUTHLAND ENVELOPE CO INC PO 125687 PWA 2,359.80$ CUSTOM ENVELOPES 15 04/04/2023 CIVICPLUS INC PO 125685 PRCS 1,125.00$ CIVICREC VIRTUAL TRAINING 16 04/04/2023 BROWNELLS INC PO 125678 POL 855.36$ AR-15 MAGAZINES 17 04/05/2023 ULINE INC PO 125689 PWA 1,269.49$ TELESCOPE FOR ANNUAL YOUTH WATER POSTER CONTEST 18 04/06/2023 SOUTHERN COUNTIES LUBRICANTS PO 125697 PWA 4,921.94$ VEHICLE OIL (QTY: 5-DRUM) 19 04/06/2023 NOREGON SYSTEMS LLC PO 125691 PWA 4,300.00$ VEHICLE DIAGNOSTIC SOFTWARE SUBSCRIPTION 20 04/06/2023 TG MEDICAL (USA) INC PO 125698 PRCS 1,693.38$ BIODEGRADABLE NITRILE POWDER FREE GLOVES 21 04/06/2023 DR. COBY WEBB dba WEBB'S K9 TRAINING AG N-2023-073 POL $ 20,000.00 BLOODHOUND TRAINING SERVICES 22 04/07/2023 EWING IRRIGATION PRODUCTS INC PO 125702 PWA 15,770.55$ WILKINS BACKFLOW DEVICE TOOL (QTY: 15) 23 04/07/2023 SAITECH INC PO 125700 IT 13,900.00$ SOFTWARE RENEWAL 24 04/07/2023 SCENTURION K9 CONSULTING PO 125701 POL 2,400.00$ K-9 ANNUAL MAINTENANCE TRAINING - OFFSITE 25 04/10/2023 GOPHER PO 125704 POL 3,010.56$ SUPER SOFT SOCCER BALLS 26 04/10/2023 NATIONAL SECURITY SERVICES AG N-2023-075 PWA $ 50,000.00 CONFINED SPACE RESCUE TRAINING 27 04/10/2023 PYRO SPECTACULARS, INC. AG N-2023-076 PRCS $ 28,650.00 PRODUCTION AGREEMENT FOR JULY 4TH FIREWORKS 28 04/10/2023 THOMSON REUTERS AG N-2023-074 CAO $ 8,760.00 WESTLAW SERVICE - WEST PROFLEX 29 04/11/2023 TU LUC BOOKSTORE PO 125712 LIB 9,955.52$ VIETNAMESE BOOKS (QTY: 405) 30 04/11/2023 SIGN CONCEPTS BOC 125708 PRCS 6,187.20$ AS-NEEDED PRINTING SERVICES (why this not coded a BOC?) 31 04/11/2023 DESERT PLASTICS, LLC PO 125707 PRCS 3,739.44$ ANIMAL ENRICHMENT ITEMS FOR ZOO 32 04/11/2023 BCT BOC 125711 FMS 1,312.00$ AS-NEEDED BUSINESS CARDS 33 04/11/2023 SMART SOURCE OF CALIFORNIA LLC PO 125706 PWA 1,126.94$ PRINTING SERVICES - MATERIAL RELEASE FORMS 34 04/12/2023 LIGHTBOX PARENT LP PO 125716 PWA 49,747.29$ SAAS SOFTWARE LICENSE FOR EDMS SYSTEM 35 04/12/2023 P.F. SERVICES INC PO 125715 PWA 7,153.50$ CNG MOTOR REMOVAL & REPLACEMENT 36 04/12/2023 BEYONDGREEN BIOTECH INC BOC 125717 PWA 4,923.34$ AS-NEEDED DOG WASTE BAGS/DISPENSERS 37 04/12/2023 SOURCE GRAPHICS PO 125713 IT 1,275.00$ PRINTER SERVICE CONTRACT RENEWAL 38 04/12/2023 BAHENA, CELSO dba RASPADOS ESTILO GUERRERO AG N-2023-077 LIB $ 5,000.00 FOOD VENDING AT CITY LIBRARY EVENTS 39 04/12/2023 NORTHGATE GONZALEZ MARKETS, INC. AG N-2023-078 PRCS $ 5,000.00 SPONSORSHIP FOR 2023 FUN RUN EVENT 40 04/13/2023 FINAL TOUCH CONSTRUCTION & DES PO 125719 PWA 35,200.00$ CONCESSION STAND ROOF REPLACEMENT AND AC UNIT INSTALL 41 04/13/2023 4ALLPROMOS PO 125718 PRCS 9,703.88$ CUSTOM GIVEAWAY ITEMS FOR 5K/10K EVENT (QTY: 6,000) 42 04/13/2023 PATCHBAYZ LLC, dba DJ SMOOVE AG N-2023-080 PRCS $ 1,000.00 PERFORMANCE AT JUNETEENTH EVENT 43 04/13/2023 THRAMKRUPHAT, TANYA AG N-2023-079 LIB $ 500.00 SPEAKER/PERFORMER AGREEMENT 44 04/17/2023 BLACKHAWK ENGAGEMENT SOLUTIONS PO 125725 HR 2,500.00$ STARBUCKS GIFT CARDS FOR RECRUITMENT PANELS $15 DENOMINATIONS 45 04/17/2023 AQUA SOURCE INC PO 125721 PWA 1,600.00$ POOL OPERATOR TRAINING COURSES (QTY: 4) 46 04/17/2023 SAFEGUARD BY FONTIS PO 125723 PWA 633.65$ PRINTING SERVICES 47 04/18/2023 TURF STAR INC PO 125728 PWA 34,560.73$ UTILITY GOLF CART: TORO WORKMAN GTX 48 04/18/2023 EMERGENCYKITS.COM PO 125730 HR 5,886.52$ EMERGENCY KIT DUFFEL BAGS 49 04/18/2023 ADVANCED ALARM & FIRE INC BOC 125727 PRCS 4,255.00$ AS-NEEDED FIRE & SERCURITY ALARM SERVICE/MAINTENANCE 50 04/19/2023 MANHATTAN STITCHING COMPANY PO 125735 PRCS 1,354.70$ SUMMER CAMP T-SHIRTS - YOUTH Quarterly Report of Contracts: April 1, 2023 to June 30, 2023

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No. Date Vendor Name Type Nunber Agency Amount Description 51 04/19/2023 SUSAN CASE INC PO 125732 PBA 850.00$ MAILING LABELS - 1000' ASSESOR PARCEL MAP 52 04/20/2023 TERRA TRELLIS PO 125742 PRCS 4,348.82$ TRELLISES FOR ZOO BUTTERFLY EXHIBIT 53 04/20/2023 SMART SOURCE OF CALIFORNIA LLC PO 125739 PBA 1,058.36$ NOTICE TO CORRECT WORK BOOKLETS 54 04/21/2023 B&H PHOTO VIDEO PO 125749 PBA 7,856.03$ CANON DRG2140 DOCUMENT SCANNER 55 04/21/2023 SANTA ANA CHAMBER OF COMMERCE PO 125746 CDA 2,500.00$ DIFFERENCE MAKERS SCHOLARSHIP SPONSOR 56 04/21/2023 BONG, JACKIE AG N-2023-082 LIB $ 500.00 SPEAKER/PERFORMER ENGAGEMENT- AUTHOR JACKIE BONG BOOK READING 57 04/21/2023 TODAY'S BUSINESS SOLUTIONS AG N-2023-081 LIB $ 40,999.38 PRINT MANAGEMENT SOLUTIONS 58 04/21/2023 HALL AQUATIC LIFE SUPPORT DESIGN CONSULTANTS, LLC AG N-2023-094 PRCS $ 23,200.00 LIFE SUPPORT SYSTEMS DESIGN AND REVIEW SERVICES 59 04/21/2023 DEPARTMENT OF CIVIC THINGS AG N-2023-086 CMO $ 22,400.00 CITY WEBSITE UPDATE SERVICES 60 04/21/2023 PATCHBAYZ LLC, dba CHERELLE AG N-2023-085 PRCS $ 5,500.00 PERFORMANCE AT JUNETEENTH EVENT 61 04/21/2023 PATCHBAYZ LLC, dba DJ BATTLECAT AG N-2023-083 PRCS $ 3,000.00 PERFORMANCE AT JUNETEENTH EVENT 62 04/21/2023 PATCHBAYZ LLC, dba THE SQUAD AG N-2023-084 PRCS $ 3,000.00 PERFORMANCE AT JUNETEENTH EVENT 63 04/24/2023 HP INC PO 125755 POL 23,370.77$ HP COLOR LASERJET PRINTERS & PRINTER ACCESS (QTY: 67) 64 04/24/2023 AZTECA SYSTEMS LLC PO 125759 PWA 9,770.00$ SOFTWARE LICENSE RENEWAL 65 04/24/2023 NATIONAL WATER RESEARCH PO 125760 PWA 5,977.19$ BUS TRANSPORTATION SPONSORSHIP 66 04/24/2023 SOUTHERN COUNTIES LUBRICANTS PO 125750 PWA 4,683.14$ VEHICLE OIL (QTY: 5-DRUM) 67 04/24/2023 POSITIVE CONCEPTS INC PO 125757 POL 3,841.40$ THERMAL CITATION ROLLS 68 04/24/2023 ORANGE COUNTY TRANSPORTATION PO 125753 CDA 3,618.36$ REGULAR 30-DAY OCTA BUS PASSES - WORK CENTER 69 04/24/2023 SWANK MOTION PICTURES INC PO 125758 LIB 1,750.00$ ANNUAL MOVIE LICENSE RENEWAL 70 04/24/2023 BLACKHAWK ENGAGEMENT SOLUTIONS PO 125754 PRCS 1,014.10$ LANTERN CONTEST GIFT CARDS: $500 DENOMINATIONS 71 04/25/2023 AUDIO RESOURCE GROUP INC PO 125762 PBA 18,875.00$ LANGUAGE INTERPRETATION SYSTEM (QTY: 6) 72 04/25/2023 TURF STAR INC PO 125766 PWA 1,034.51$ ELECTRIC UTILITY GOLF CART - CHANGE ORDER 73 04/26/2023 4IMPRINT,INC PO 125773 HR 21,888.51$ WELLNESS PROGRAM GIVEAWAY ITEMS 74 04/26/2023 FUN EXPRESS PO 125769 LIB 823.16$ SUMMER READING CRAFT PRIZES 75 04/26/2023 S&S WORLDWIDE INC PO 125771 PRCS 597.81$ SUMMER CAMP SUPPLIES - JEROME CENTER 76 04/27/2023 CDW GOVERNMENT INC PO 125779 POL 8,874.72$ DELL POWEREDGE R350 SERVER FOR COMPUTER (4) 77 04/27/2023 LOCTEK INC PO 125776 HR 6,226.98$ SIT STAND DESK CONVERTERS 78 04/27/2023 SO CAL EMBROIDERY LLC PO 125782 PRCS 4,998.79$ STAFF T-SHIRTS AND HATS 79 04/27/2023 EXTREME CANOPY PO 125777 HR 2,620.63$ HEAVY DUTY CANOPIES - RECRUITMENT EVENTS (QTY: 2) 80 04/27/2023 FUN EXPRESS PO 125775 LIB 2,327.37$ OUTREACH PROGRAM CRAFT SUPPLIES 81 04/27/2023 BREAKOUT EDU PO 125785 LIB 1,479.20$ SOFTWARE LICENSE RENEWAL 82 04/27/2023 TK CREATIVE LLC PO 125783 CDA 990.00$ TRADE SHOW BOOTH DISPLAY 83 04/27/2023 MANHATTAN STITCHING COMPANY PO 125784 PRCS 935.38$ ADULT CHAMPIONSHIP T-SHIRTS 84 04/27/2023 SOFTWARE ONE INC PO 125786 LIB 767.20$ MICROSOFT OFFICE SOFTWARE LICENSES 85 04/27/2023 2-1-1 ORANGE COUNTY PO 125780 CDA 750.00$ HOUSING AUTHORITY LICENSE FEES 86 04/27/2023 ADVANCED LOCK AND KEY BOC 125781 PRCS 573.34$ AS-NEEDED LOCKSMITH & RELATED SVCS FOR VEHICLES 87 04/27/2023 WALKER PARKING CONSULTANTS dba WALKER CONSULTANTS AG N-2023-097 CDA $ 45,000.00 PARKING CONSULTANT SERVICES FOR DOWNTOWN PARKING FACILITIES 88 04/27/2023 DEPARTMENT OF JUSTICE AG N-2023-098 IT $ 42,036.99 JUSTICE MOBILE DEVICE MANAGEMENT APPLICATION SERVICES 89 04/28/2023 SCORE SPORTS PO 125788 PRCS 945.57$ GIRLS' ALL-STAR T-SHIRTS 90 05/01/2023 KNOTTS BERRY FARM PO 125790 PRCS 5,714.00$ KNOTTS BERRY FARM YOUTH CAMP PROGRAM 91 05/01/2023 LA MAMALONA PO 125796 PWA 4,937.50$ CATERING FOR COMMUNITY EVENT 92 05/01/2023 KNOTTS BERRY FARM PO 125792 PRCS 4,650.00$ KNOTTS BERRRY FARM YOUTH SUMMER CAMP TRIP 93 05/01/2023 APPLE INC PO 125794 PWA 3,450.10$ WATER CONTEST PRIZE TABLETS 94 05/01/2023 ADVANTAGE BOC 8007 PRCS 24,300.00$ PRINT & DISTRIBUTE CLASS BROCHURE 95 05/02/2023 LOCTEK INC PO 125798 HR 2,621.89$ SIT STAND DESK CONVERTER 96 05/02/2023 ANDRADES ICE CREAM BARS PO 125797 PWA 738.00$ ICE CREAM BARS FOR PUBLIC WORKS WEEK 97 05/02/2023 FUN EXPRESS PO 125800 LIB 527.16$ SUMMER READING PROGRAM SUPPLIES 98 05/03/2023 KNOTTS BERRY FARM PO 125806 POL 2,177.00$ KNOTT'S BERRY FARM PAAL SUMMER GROUP TRIP 99 05/03/2023 KNOTTS BERRY FARM PO 125805 POL 1,295.00$ KNOTT'S BERRY FARM PAAL SUMMER GROUP TRIP 100 05/03/2023 BOWERS MUSEUM AG N-2023-026-01 POL $ 1,250.00 FIRST AMENDMENT TO AGREEMENT 101 05/03/2023 SEANOA, MELODY A. dba TUPUA PRODUCTION AG N-2023-104 LIB $ 1,200.00 SPEAKER/PERFORMER ENGAGEMENT 102 05/03/2023 CAU LAC BO TINH NGHE SI AG N-2023-103 LIB $ 500.00 SPEAKER/PERFORMER ENGAGEMENT 103 05/03/2023 SANTA ANA ELKS LODGE #794 AG N-2023-099 PWA $ 15,737.49 BANQUET EVENT AGREEMENT 104 05/03/2023 TALIBRA, INC. AG N-2023-101 PRCS $ 10,000.00 PERFORMANCE BY TALIB KWELI AT CITY'S 2023 JUNETEENTH EVENT

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No. Date Vendor Name Type Nunber Agency Amount Description 105 05/03/2023 GUTIERREZ, ROBERT AG N-2023-100 PRCS $ 3,000.00 LIVE MUSICAL PERFORMANCE BY LIGHTER SHADE OF BROWN AT JUNETEENTH EVENT 106 05/04/2023 ROCK SOLID TECHNOLOGY PO 125817 IT 21,115.00$ SOFTWARE SUBSCRIPTION 107 05/04/2023 PERFECTION PAINTING CORP PO 125819 PWA 10,900.00$ PAINTING & WALLPAPER SERVICES AT CITY YARD 108 05/04/2023 ANTHEM SPORTS, LLC PO 125815 PRCS 2,176.21$ GIRLS' SOFTBALL EQUIPMENT 109 05/04/2023 KNOTTS BERRY FARM PO 125809 POL 2,027.00$ KNOTT'S SOAK CITY PAAL SUMMER GROUP TRIP 110 05/04/2023 SMART SOURCE OF CALIFORNIA LLC PO 125812 POL 1,980.16$ CUSTOM WARNING NOTICE PADS 111 05/04/2023 KNOTTS BERRY FARM PO 125813 POL 1,295.00$ KNOTT'S SOAK CITY - PAAL SUMMER GROUP TRIP 112 05/04/2023 NOREGON SYSTEMS LLC PO 125820 PWA 1,166.79$ WIRELESS ADAPTER DIAGNOSTIC KIT FOR FLEET VEHICLES 113 05/04/2023 PERFECTION PAINTING CORP PO 125808 PWA 760.00$ WALL REPAIRS AT CITY YARD, 2ND FLOOR LOBBY 114 05/05/2023 VELOCITY TRUCK CENTERS PO 125825 PWA 46,727.13$ AUTO REPAIRS FOR CITY TRUCK 115 05/05/2023 EXTREME CANOPY PO 125831 CMO 1,038.97$ CITY MANAGER CANOPY - CITY LOGO 116 05/08/2023 NEXTECH SYSTEMS INC PO 125833 PWA 65,685.14$ PEDESTRIAN CROSSWALK PUSH BUTTON (QTY: 90) 117 05/08/2023 GUTIERREZ, ROBERT- LIGHTER SHADE OF BROWN AG N-2023-109 PRCS $ 3,000.00 LIVE MUSICAL PERFORMANCE AT JUNETEENTH EVENT 118 05/08/2023 SETTLEMENT AGREEMENT AG N-2023-110 CAO $ 2,450.00 SETTLEMENT AGREEMENT 119 05/08/2023 HEY HEY ENTERTAINMENT AG N-2023-107 LIB $ 900.00 SPEAKER/PERFORMER ENGAGEMENT 120 05/08/2023 BARNES, CHRISTOPHER W. dba CHRISTOPHER T. MAGICIAN AG N-2023-108 LIB $ 850.00 SPEAKER/PERFORMER ENGAGEMENT 121 05/08/2023 CHARLES TAYLOR ENVIRONMENTAL TECHNICAL SERVICES dba LAD INC. AG N-2023-106 HR $ 50,000.00 ENVIRONMENTAL SPECIALTY SERVICES 122 05/08/2023 5M CONTRACTING, INC. AG N-2023-105 PWA $ 49,500.00 ASBESTOS ABATEMENT AND REMEDIATION SERVICES 123 05/09/2023 R R CONSTRUCTION PO 125843 PWA 170,819.00$ CITY YARD FITNESS ROOM RENOVATION PROJECT 124 05/09/2023 KITTRICH CORPORATION PO 125842 PRCS 3,545.17$ HEALTH & WELLNESS CANOPIES (QTY: 5) 125 05/09/2023 BOOMERS IRVINE PO 125839 POL 1,261.81$ PAAL KIDS SUMMER GROUP TRIP 126 05/09/2023 BOOMERS IRVINE PO 125840 POL 788.63$ PAAL KIDS SUMMER GROUP TRIP 127 05/09/2023 BOOMERS IRVINE PO 125841 POL 788.63$ PAAL KIDS SUMMER GROUP TRIP 128 05/10/2023 AMERICAN WATER WORKS INC PO 125846 PWA 32,653.64$ PRESSURE WASHER TRAILER 129 05/10/2023 KICKBOX LEASING LLC PO 125845 PWA 23,008.05$ 20' STEEL STORAGE CONTAINERS FOR HOMELESS SVCS (QTY: 6) 130 05/10/2023 WALLMAN, RACHAEL dba DOODLEBUGS ANIMAL ADVENTURES AG N-2023-111 LIB $ 800.00 SPEAKER/PERFORMER ENGAGEMENT 131 05/11/2023 IRVINE LANES PO 125847 POL 1,515.86$ BOWLING - PAAL KIDS CAMP SUMMER PROGRAM 132 05/12/2023 TACTICAL DISTRIBUTORS PO 125852 POL 19,749.67$ SWAT UNIFORMS (QTY: 35 SETS) 133 05/15/2023 SAMYS CAMERA INC PO 125854 PRCS 2,510.57$ CAMERA LENS 134 05/15/2023 KNOTTS BERRY FARM PO 125856 POL 1,466.00$ KNOTT'S BERRY FARM PAAL SUMMER GROUP TRIP 135 05/15/2023 KNOTTS BERRY FARM PO 125857 POL 1,410.00$ KNOTT'S BERRY FARM PAAL SUMMER GROUP TRIP 136 05/15/2023 WHEEL FUN RENTALS PO 125859 POL 801.00$ BIKE RENTALS - PAAL SUMMER PROGRAM 137 05/15/2023 BLACKHAWK ENGAGEMENT SOLUTIONS PO 125860 PRCS 618.75$ WENDY'S LUNCH GIFT CARDS - $20 DENOMINATIONS - TEEN EXURSION TO UCI 138 05/15/2023 SARMIENTO, SANDRA PENA AG N-2023-112 CDA $ 9,500.00 ARTS AND CULTURE GRANT PROGRAM AGREEMENT (REVIVE) 139 05/16/2023 A'S CONSTRUCTION PO 125864 PWA 24,000.00$ CONCRETE WALKWAY INSTALL AT CHAVEZ CAMPESINO PARK 140 05/16/2023 WESTSIDE BUILDING MATERIAL PO 125867 PWA 22,843.26$ MILWAUKEE POWER TOOLS & ACCESSORIES (QTY: 8) 141 05/16/2023 SOFTWARE VENDOR PO 125865 IT 15,691.00$ SOFTWARE SUBSCRIPTION 142 05/16/2023 AGUILERA, MARINA AG N-2023-115 PRCS $ 6,000.00 MURAL ON GARDEN WALL BUILDING AT EL SALVADOR PARK 143 05/17/2023 ZOHO CORPORATION PO 125869 IT 7,187.00$ MANAGE ENGINE SOFTWARE RENEWAL 144 05/17/2023 I INITIAL PO 125873 PWA 4,890.78$ CUSTOM JACKETS & HOODIES (QTY: 57) 145 05/17/2023 QUADIENT INC. PO 125868 FMS 599.90$ MAIL MACHINE INK SUPPLIES 146 05/18/2023 IRVINE PARK RENTALS INC PO 125874 POL 864.00$ PADDLE BOAT RENTALS - PAAL SUMMER PROGRAM 147 05/18/2023 IRVINE PARK RENTALS INC PO 125875 POL 504.00$ LAKESIDE CONCESSIONS ICE CREAM - PAAL SUMMER GROUP TRIP 148 05/18/2023 THE JAY PARTICLE, LLC AG N-2023-117 PRCS $ 2,000.00 PROVIDE ENTERTAINMENT SERVICES AT KID'S NIGHT OUT 149 05/18/2023 LAW OFFICES OF ESPINOSA & ESPINOSA AG N-2023-120 PRCS $ 45,000.00 ADMINISTRATIVE HEARING OFFICER SERVICES 150 05/18/2023 MAGDALENO, VALERIE AG N-2023-121 CMO $ 30,000.00 ADMINISTRATIVE, CONSTITUENT AND LEGISLATIVE FUNCTIONS AND TASKS 151 05/18/2023 LIGHTNING YOUTH ACADEMY AG N-2023-116 PRCS $ 25,000.00 RECREATION SERVICES 152 05/18/2023 SUTTER, KATHERINA AG N-2023-118 PRCS $ 25,000.00 RECREATION SERVICES 153 05/18/2023 GUILLEN, ANA dba GET CPR CERTIFIED AG N-2023-119 PRCS $ 25,000.00 RECREATION SERVICES 154 05/19/2023 AMERICAN BLAST SYSTEM, INC. PO 125878 POL 25,360.28$ BODY ARMOR PLATES (QTY: 70) 155 05/19/2023 UNITED WATER WORKS INC PO 125880 PWA 17,373.62$ WATER SHUTOFF CURB STOPS (QTY: 192) 156 05/19/2023 STEP 'N WASH INC PO 125876 PRCS 3,457.17$ RESTROOM SAFETY STEP STOOL (QTY: 6) 157 05/19/2023 THE NELROD COMPANY BOC 8104 CDA 40,000.00$ SEC 8 UTILITY ALLOWANCE STUDY 158 05/19/2023 DREAMS FOR SCHOOLS AG N-2023-125 LIB $ 2,000.00 STEAM PROGRAMMING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

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No. Date Vendor Name Type Nunber Agency Amount Description 159 05/19/2023 COPWARE, INC. AG N-2023-122 POL $ 20,235.00 SITE LICENSE - LAW ENFORCEMENT CODES 160 05/19/2023 LYNN, JENNY AG N-2023-123 CMO $ 15,000.00 CONSULTANT AGREEMENT 161 05/22/2023 CONTROL TECH SOLUTIONS, INC. PO 125886 PWA 20,757.50$ 16 CHANNEL TRAFFIC SIGNAL MONITOR (QTY: 20) 162 05/22/2023 NTH GENERATION COMPUTING INC PO 125887 IT 10,999.61$ CLOUD STORAGE RENEWAL 163 05/22/2023 SOURCE GRAPHICS PO 125884 PRCS 3,354.53$ HP PLOTTER 3-YR SERVICE CONTRACT 164 05/22/2023 OC WRAPS INC PO 125885 PWA 626.91$ MAIL BOX WRAP 165 05/22/2023 PATCHBAYZ LLC- FUTA TORO AG N-2023-127 PRCS $ 1,500.00 LIVE PERFORMANCE AT JUNETEENTH EVENT 166 05/24/2023 MINOTAUR MAZES PO 125895 PRCS 24,999.31$ ZOO LANDSCAPE MAZE REFURBISHMENT PROJECT 167 05/25/2023 PACIFIC ATHLETIC WEAR INC PO 125898 POL 2,944.29$ PAAL SUMMER CAMP SHIRTS 168 05/25/2023 SAFEGUARD BY FONTIS PO 125897 PWA 970.27$ PRINTING SERVICES - CITATION BOOKLETS 169 06/01/2023 BJS RESTAURANTS INC BOC 8101 CITYWIDE 10,000.00$ AS-NEEDED CATERING SERVICES 170 06/01/2023 PAPER RECYCLING & SHRED BOC 8010 CITYWIDE 20,000.00$ AS-NEEDED DOCUMENT SHREDDING SERVICES 171 06/01/2023 SUN PAC STORAGE CONTAINERS INC BOC 8023 CITYWIDE 20,000.00$ AS-NEEDED STORAGE CONTAINER RENTAL SERVICES 172 06/01/2023 ULTIMATE ENTERTAINMENT, LLC AG N-2023-137 PRCS $ 45,804.00 OUTDOOR MOVIE SERVICES 173 06/02/2023 COAST TO COAST CUSTOM MOBILE PO 125903 PWA 20,995.53$ ENCLOSED CARGO TRAILER FOR ZOO 174 06/02/2023 DISPLAYS2GO PO 125902 CMO 1,572.10$ ACRYLIC PODIUM (QTY: 1) 175 06/02/2023 WOO, RONALD AG N-2023-131 LIB $ 1,000.00 SPEAKER/PERFORMER ENGAGEMENT 176 06/02/2023 NOTEWORTHY PUPPETS, INC. AG N-2023-130 LIB $ 900.00 SPEAKER/PERFORMER ENGAGEMENT FOR THE NEWHOPE AND MAIN LIBRARY 177 06/02/2023 KINGS PRO LA ACADEMIA, INC. AG N-2023-135 PRCS $ 50,000.00 RECREATIONAL SOCCER PROGRAMMING 178 06/02/2023 PACKET FUSION, INC. AG N-2023-134 IT $ 48,834.03 MITEL SOFTWARE SUPPORT SERVICES 179 06/02/2023 YOUNG REMBRANDTS AG N-2023-133 PRCS $ 25,000.00 RECREATION SERVICES 180 06/02/2023 TSS, INC. dba ALLSTAGE PRO AG N-2023-136 PRCS $ 24,010.00 STAGE RENTAL SERVICES FOR CITY'S JUNETEENTH EVENT 181 06/02/2023 INTERVIEW NOW INC. AG N-2022-150-01 POL $ 12,000.00 SOFTWARE LICENSE RENEWAL 182 06/06/2023 COOK'S CORRECTIONAL PO 125910 POL 89,067.72$ KITCHEN OVEN & INSTALLATION AT JAIL 183 06/06/2023 QUALITY FIRST WOODWORKS INC PO 125908 PWA 72,315.00$ NEW INFORMATION DESK INSTALLATION -CITY HALL 184 06/06/2023 SIEMENS INDUSTRY INC PO 125905 POL 11,467.00$ SOFTWARE LICENSE RENEWAL FOR SECURITY CAMERAS 185 06/07/2023 PENSKE CHEVROLET OF CERRITOS PO 125914 PWA 100,521.84$ NEW 2024 2500HD CHEVROLET SILVERADO TRUCK 186 06/07/2023 LN CURTIS & SONS INC PO 125915 POL 47,766.91$ BALLISTIC HELMETS - PD 187 06/07/2023 JENSEN HUGHES, INC. AG N-2023-138 PWA $ 50,000.00 ADA SELF-EVALUATION AND TRANSITION PLAN UPDATE SERVICES 188 06/07/2023 USA FLEET SOLUTIONS AG N-2023-139 PWA $ 50,000.00 GEOTAB TELEMATICS DEVICES, RELATED EQUIPMENT, AND INSTALLATION 189 06/08/2023 HAYNES, FRANKLIN AG N-2023-143 PRCS $ 1,500.00 SPEAKER/PERFORMER ENGAGEMENT 190 06/12/2023 BEACON BID PO 125926 FMS 4,500.00$ ONLINE BID LIBRARY SUBSCRIPTION 191 06/13/2023 MMLJ INC PO 125929 PWA 65,890.31$ SANDBLASTING EQUIPMENT (QTY: 1) 192 06/13/2023 WALTERS WHOLESALE ELECTRIC CO PO 125928 PWA 8,350.15$ EMERGENCY ELECTRICAL SUPPLIES FOR PARKS MAINT 193 06/14/2023 SIGN CONCEPTS PO 125933 HR 4,441.01$ ILLEGAL FIREWORKS BANNERS (QTY: 15) 194 06/15/2023 CHERUB EXECUTIVE SERVICES AG N-2023-145 PRCS $ 2,880.00 SECURITY SERVICES AT CITY'S JUNETEENTH EVENT 195 06/15/2023 MENTE INC. dba CESAR VARGAS INC AG N-2023-147 COC $ 25,000.00 TRANSLATION SERVICES 196 06/15/2023 ULTIMATE ATTRACTIONS, LLC AG N-2023-149 PRCS $ 21,800.00 OUTDOOR INFLATABLE ATTRACTIONS 197 06/20/2023 HAZ RENTAL CENTER AG N-2023-150 PRCS $ 5,952.00 OUTDOOR EVENT RENTAL EQUIPMENT FOR CITY'S 2023 JUNETEENTH EVENT 198 06/22/2023 CESAR VARGAS & ASSOCIATES PO 125941 CDA 9,000.00$ DOCUMENT TRANSLATION SERVICES 199 06/26/2023 DOUBLETREE BY HILTON AG N-2023-151 CDA $ 2,000.00 MEETING AND EVENT AGREEMENT 200 06/26/2023 LIFESIGNS, INC. AG N-2023-154 CDA $ 10,000.00 ON-CALL GENERAL AMERICAN SIGN LANGUAGE INTERPRETING SERVICES 201 06/26/2023 SHAKESPEARE BY THE SEA AG N-2023-153 PRCS $ 6,000.00 SPEAKER/ PERFORMER AGREEMENT 202 06/28/2023 TILLY'S LIFE CENTER AG N-2023-159 LIB $ 830.00 SPEAKER/ PERFORMER AGREEMENT 203 06/28/2023 AP TRITON, LLC AG N-2023-161 FMS $ 48,093.00 OPTIMIZATION EVALUATIONS FOR EMERGENCY MEDICAL SERVICES 204 06/28/2023 SETTLEMENT AGREEMENT AG N-2023-157 CAO $ 45,000.00 SETTLEMENT AGREEMENT 205 06/28/2023 BAY AREA DRIVING SCHOOL AG N-2023-158 PRCS $ 25,000.00 ONLINE DRIVING CLASS - TEEN LEARNER'S PERMITS 206 06/28/2023 TWIST AND SHOUT EVENTS, INC. AG N-2023-156 LIB $ 6,000.00 ON-CALL ENTERTAINMENT SERVICES AT CITY EVENTS 207 06/29/2023 SMASHVENT, LLC dba OC FUN EVENTS dba OC LASER TAG AG N-2023-155 PRCS $ 25,000.00 PROVIDE SPECIAL ENTERTAINMENT EQUIPMENT FOR OUTDOOR PARK EVENTS 208 07/03/2023 ROBERT D. NIEHAUS, INC. AG N-2023-163 PWA $ 50,000.00 FINANCIAL PLANNING SERVICES 209 07/05/2023 SETTLEMENT AGREEMENT AG N-2023-167 CAO $ 35,000.00 SETTLEMENT AGREEMENT 210 07/05/2023 LYNN YGUAL, JENNY AG N-2023-164 CMO $ 30,000.00 ADMINISTRATIVE, CONSTITUENT, AND LEGISLATIVE SUPPORT 211 07/05/2023 MAGDALENO, VALERIE AG N-2023-165 CMO $ 30,000.00 ADMINISTRATIVE, CONSTITUENT, AND LEGISLATIVE SUPPORT 212 07/05/2023 NASH REFEREE, INC. AG N-2023-168 PRCS $ 25,000.00 BASKETBALL OFFICIATING SERVICES

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No. Date Vendor Name Type Nunber Agency Amount Description 3,129,218.71$
696,452,874.64$

0.45%
Agency/Department
City Attorney’s Office (CAO)
Clerk of the Council (COC)
City Manager’s Office (CMO)
Community Development (CDA)
Citywide
Finance & Management Services (FMS)
Human Resources (HR)
Information Technology (IT)
Library (LIB)
Parks, Recreation & Community Services (PRCS)
Planning and Building (PBA)
Police Department (POL)
Public Works (PWA)
Total
$ 348,849.59 161,038.63$ $ 372,796.54 1,182,203.27$ $ 3,620,362.35 95,563.89$ $ 380,067.58 611,728.26$ $ 2,748,286.34 28,639.39$ $ 228,203.61 130,011.07$ $ 354,712.37 140,389.41$ $ 477,155.22 162,500.00$ $ 956,292.58 54,504.90$
3,129,218.71$ $ 11,289,208.44 Summary
Total this quarter:

Citywide budget excluding compensation:

Percentage of budget amount:

Total This Quarter Fiscal Year-to-Date
110,086.58$ $ 274,246.58 25,000.00$ $ 25,000.00 331,367.77$ $ 1,378,448.16 $ 124,787.52 96,185.54$

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City Council
18 –
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Finance and Management Services
www.santa-ana.org/finance
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, and Related Services

AGENDA TITLE
Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, and Related Services with GM Business Interiors, People Space, Inc., Pivot Interiors, Inc., Quality Office Furnishing, Inc., Culver-Newlin, Inc., and Yamada Enterprises, and include National Business Furniture to the list of approved vendors on contract, for a new not- to-Exceed Aggregate Amount of $10,507,548. (Specification No. 19-114, 23-080, 23- 081, 23-082, 23-092) (General Fund and Non-General Fund)

RECOMMENDED ACTION

1.Authorize the City Manager to execute an amendment to increase the aggregate contract authority by $4,480,000 for various citywide furniture projects, for a new aggregate not to exceed amount of $10,507,548.

2.Authorize the City Manager to include National Business Furniture in the list of approved vendors on the aggregate contracts listed below, with a term expiring on May 31, 2026, with provisions for one additional renewal option, subject to non- substantive changes approved by the City Manager and City Attorney.

Vendor Location
Culver-Newlin Corona, CA
GM Business Interiors Riverside, CA
National Business Furniture Milwaukee, WI
People Space Irvine, CA
Pivot Interiors Costa Mesa, CA
Quality Office Furnishings, Inc. Yorba Linda, CA
Yamada Enterprises Huntington Beach, CA

DISCUSSION
The City is currently under a renovation initiative that is rehabilitating multiple floors at City Hall and City Corporate Yard offices to remain compliant with state and federal laws. In order to utilize the newly modernized spaces as efficiently as possible, high- quality, structurally sound, and compliant work environments will be essential for

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maximum staff productivity. This requires the procurement of new office furniture, including desks, new and reconfigured modular workstations, conference room tables, various seating, storage cabinets, and filing systems. In addition, professional services such as space planning, reconfiguration, project management, and installation services, which require state and federal prevailing wage compliance by furniture contractors are necessary, and included in the above listed aggregate contracts. As the City hires new staff members, the need to procure additional office furniture has increased to accommodate both newly hired and current staff.

On December 3, 2019, the City Council awarded contracts to five of the seven above- mentioned vendors for the provision of office furniture, installation, and related services.

The aggregate contracts were initially awarded for a not to exceed amount of $1,213,740. On October 20, 2020, City Council approved a second amendment to increase the aggregate contracts’ not to exceed amount by an additional $400,000 for services required by the Main Library and Public Works Water Resources Division, bringing the total aggregate amount to $1,613,740. On February 16, 2021, City Council approved a third amendment to increase the aggregate contract amount by an additional $163,808 requested by the Public Works Agency Administrative Services Division for an updated total aggregate amount not to exceed $1,777,548. On June 21, 2022, City Council approved the fourth amendment for an additional $4,250,000 requested by multiple agencies for a revised total aggregate contract amount not to exceed $6,027,548. At this time, Purchasing Staff has been advised that various departments citywide have additional needs due to the rising costs of goods, labor, and services brought on by inflation; and to cover the cost of recent, ongoing, and projected renovation projects. Therefore, staff recommends amending the contract to increase the aggregate contract amount by $4,480,000 to accommodate current citywide needs for furniture upgrades, replacements, and office space and cubicle reconfigurations.

Purchasing staff also recommends adding National Business Furniture to the approved list of vendors to provide office furniture, installation, and related services considering the number of projects that may be occurring simultaneously and also to provide a wider variety of furniture and price ranges. National Business Furniture has provided various conference room, break room, other office furniture, and ergonomic chairs, and has been a reliable vendor for the City. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against Contracts from any public agency utilizing a competitive bid process. The Interlocal Purchasing System (TIPS), a cooperative government purchasing agency, awarded a contract to National Business Furniture (Contract No. 210305) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

Through the County of Orange’s outreach, one Santa Ana vendor was notified to submit a proposal, of which one downloaded the RFP documents and none submitted a proposal.

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Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, and Related Services
August 15, 2023

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FISCAL IMPACT
Funds from the previous amendment of $4,250,000 for furniture, installation, and related services have been utilized in Fiscal Years 2021-22 and 2022-23. Any requested remaining balances for Fiscal Years 2022-23 will be presented to City Council for carry forward approval to Fiscal Year 2023-24. See Exhibit 1.

Funds for the requested amendment of $4,480,000 for furniture, installation, and related services purchases is available for expenditure in Fiscal Years 2023-24. Any remaining balances not expended at the end of the fiscal year will be carried forward to the following fiscal year. Estimated amounts expended per fiscal year are as follows:

Fiscal
Year
Accounting Unit
Account No. Fund Description
Accounting Unit
Account No.

Description
Amount
2023-2024 01110100-66200
Finance &
Management Services
Buildings & Building
Improvements $200,000
2023-2024 01110120-62300
FMSA Purchasing &
Payroll Services
Contract Services –
Professional $200,000
2023-2024 10920149-62300
Information
Technology
Contract Services –
Professional $100,000
2023-2024 18111013-62300 Library Services
ARPA – Contract
Services – Professional $500,000
2023-2024 01211020-62300 Library Services
Cannabis Public Benefit
Fund / Contract
Services – Professional $600,000
2023-2024 01116520-62300
Planning & Building
Agency
Operating Materials
and Supplies $125,000
2023-2024 01116530-62300
Planning & Building
Agency
Operating Materials
and Supplies $500,000
2023-2024 01116540-62300
Planning & Building
Agency
Operating Materials
and Supplies $30,000
2023-2024 01116510-62300
Planning & Building
Agency
Operating Materials
and Supplies $50,000
2023-2024 01114403-62300 Police Department
Operating Materials
and Supplies $300,000
2023-2024 01113230-66400
Parks, Recreation, &
Community Services Machinery & Equipment $150,000
2023-2024 01117611-66200
PWA
Engineering Division
Buildings & Building
Improvements $125,000
2023-2024 05617640-63001
PWA – Water
Resources Division
Sanitary Sewer
Service, Miscellaneous
Operating Expenses $100,000

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2023-2024 06017640-63001
PWA – Water
Resources Division
Water Production &
Supply, Miscellaneous
Operating Expenses $300,000
2023-2024 06017641-63001
PWA – Water
Resources Division
Water System
Maintenance,
Miscellaneous
Operating Expenses $100,000
2023-2024 06017644-63001
PWA – Water
Resources Division
Water Quality,
Miscellaneous
Operating Expenses $50,000
2023-2024 06017645-63001
PWA – Water
Resources Division
Water System
Maintenance,
Miscellaneous
Operating Expenses $100,000
2023-2024 06017646-63001
PWA – Water
Resources Division
Water Quality,
Miscellaneous
Operating Expenses $50,000
2023-2024 06017646-63001
PWA – Water
Resources Division
Water Meter Services,
Miscellaneous
Operating Expenses $50,000
2023-2024
07517100-62300
06717650-62300
07317100-62300
01117651-62300
PWA -Parks, Fleet, &
Facilities Division
Various PWA, Contract
Services – Professional $850,000
Total $4,480,000

EXHIBIT(S)

1.Fund Request and Expenditure Table
Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director
Approved By: Kristine Ridge, City Manager

City Council
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4 8/15/2023

Fund Request and Expenditure Table
Department/Division Previously Requested Amounts - Projects (FY 2021-22 & 2022-23)
Project Continuation/
Current Request
(FY 2023-24 & 2024-25)
Finance & Management Services Agency
Accounting, Budget, & Treasury Divisions
Amount Requested: $90,000
Amount Spent: $76,669
Amount Remaining: $13,331
Fiscal Year(s): 2021-22 & 2022-23
Justification: A complete renovation on both floors
(3rd and Basement) will require replacing aged out
workstations for staff to meet current compliance
standards; space reconfiguration needed (10 work
stations and includes installation and reconfiguration
fees ).

Amount Requested: $200,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Replacing exisiting furnitre that is aged, obsolete, and beyond its useful life located in the
Acccounting, Budget, and Treasury Divisions (14 office
workstations, & 4 cubicle workstations; includes
installation& reconfiguration fees ).

Finance & Management Services Agency
Payroll and Purchasing Divsions
N/A Amount Requested: $200,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Replacing exisiting furnitre that is aged, obsolete, and beyond its useful life located in the
Purchasing Division, and to supplement any additional
furniture the Payroll Division may need when moving their offices on the 4th floor (3-4 office workstations, 1 meeting r oom, & 12 cubicle workstations; includes installation & reconfiguration fees ).

Request to Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, & Related Services Spec No. 19-114, 23-080, 23-081, 23-082, 23-092 Page 1 of 6 EXHIBIT 1

City Council
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EXHIBIT I
Fund Request and Expenditure Table
Department/Division Previously Requested Amounts - Projects (FY 2021-22 & 2022-23)
Project Continuation/
Current Request
(FY 2023-24 & 2024-25)
Information Technology Amount Requested: $400,000
Amount Spent: $0.00
Amount Remaining: $400,000
Fiscal Year(s): 2021-22 & 2022-23
Justification: A complete remodeling of the 2nd floor
is taking place, and will require replacing aged out
workstations for staff to meet current compliance
standards; space reconfiguration needed (45 work
stations, 45 desks, includes installation and
reconfiguration fees).

Amount Requested: $100,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Project continuation from FY 2021-22 &
2022-23 due to extended construction timeline and
previously requested amount covering the cost of
temporary workstations on the 4th floor of City Hall.

Replacing existing furniture that is aged, obsolete, and beyond its useful life. In addition, supplemental funds will be required due to the rising costs of goods, labor, and services brought on by inflation and higher wages ( 6
office workstations, 39 cubicle workstations, & 1 meeting room; includes installation & reconfiguration fees).

Library Services
Delhi Center & Newhope Library
N/A Amount Requested: $1,100,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: The Library Department is in the process undergoing two Capital Inprovement Projects at the
Newhope and Main Libraries, which will require the Library to procure the following upon completion of construction:
(All new furniture - including public seating, service desks, office workstations bookshelving, and other related
furniture for both projects; includes installation &
reconfiguration fees).

Spec No. 19-114, 23-080, 23-081, 23-082, 23-092 Page 2 of 6

City Council
19 –
6 8/15/2023

EXHIBIT I
Fund Request and Expenditure Table
Department/Division Previously Requested Amounts - Projects (FY 2021-22 & 2022-23)
Project Continuation/
Current Request
(FY 2023-24 & 2024-25)
Parks, Recreation, & Community Services
Agency
Recreation & Administration Divisions
Amount Requested: $400,000
Amount Spent: $0.00
Amount Remaining: $400,000
Fiscal Year(s): 2021-22 & 2022-23
Justification: A complete remodeling of the 2nd floor
is taking place, and will require replacing aged out
workstations for staff to meet current compliance
standards; space reconfiguration needed (35 work
stations, 35 desks, includes installation and
reconfiguration fees).

Amount Requested: $150,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Project continuation from FY 21-23 due to extended construction timeline and cost of relocation
during construction. Replacing existing furniture that is aged, obsolete, and beyond its useful life. In addition, supplemental funds will be required due to the rising costs of goods, labor, and services brought on by inflation and higher wages (35 workstations, 1 conference room, 35
desks, 35 chairs; includes installation and reconfiguration fees).

Planning & Building Agency Amount Requested: $425,000
Amount Spent: $279,852
Amount Remaining: $145,148
Fiscal Year(s): 2021-22 & 2022-23
Justification: A complete remodeling of the 2nd floor
is taking place, and will require replacing aged out
workstations and conference room furniture for staff to meet current compliance standards; space
reconfiguration needed (20 work stations, 3 Drafting
tables, 4 conference room tables, 40 chairs
includes installation and reconfiguration fees).

Amount Requested: $705,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Project continuation from FY 21-23 due to extended construction timeline and cost of temporary
workstations. Replacing exsisting furniture that is aged, obsolete, and beyond its useful life. In addition,
supplemental funds will be required due to the rising costs of goods, labor, and services brought on by inflation and higher wages (10 additional office workstations, additional 20 cubicle workstations, 4 drafting tables, and 3
conference room tables; Iincludes installation and
reconfiguration fees).

Spec No. 19-114, 23-080, 23-081, 23-082, 23-092 Page 3 of 6

City Council
19 –
7 8/15/2023

EXHIBIT I
Fund Request and Expenditure Table
Department/Division Previously Requested Amounts - Projects (FY 2021-22 & 2022-23)
Project Continuation/
Current Request
(FY 2023-24 & 2024-25)
Police Department
PD Building & Facilities Division
Amount Requested: $50,000
Amount Spent: $2,472
Amount Remaining: $47,528
Fiscal Year(s): 2021-22 & 2022-23
Justification: New community tables and chairs are
needed in the roll call room, and current cubicles are
in need of reconfiguration; space reconfiguration
needed (72 chairs,12 tables, and cubicle
reconfiguration
includes installation and reconfiguration fees).

Amount Requested: $300,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Project continuation from FY 21-23 due
department timeline and departmental delays. Replacing
existing furniture that is aged, obsolete, and beyond its useful life located throughout PD (All furniture to be
replaced in the Community Room, Report Writing Room,
and PD & Jail Roll Call Rooms).

Public Works Agency
Engineering Division
N/A Amount Requested: $125,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: New ergonomic workstation cubicles to
replace existing furniture that is aged, obsolete, and
beyond its useful life for the Engineering Division as part of the remodel of the 3rd floor of Ross Annex Building (12 workstations, tables, chairs, and storage cabinets;
includes installation & reconfiguration fees).

Spec No. 19-114, 23-080, 23-081, 23-082, 23-092 Page 4 of 6

City Council
19 –
8 8/15/2023

EXHIBIT I
Fund Request and Expenditure Table
Department/Division Previously Requested Amounts - Projects (FY 2021-22 & 2022-23)
Project Continuation/
Current Request
(FY 2023-24 & 2024-25)
Public Works Agency
Water Services Division
Amount Requested: $540,000
Amount Spent: $ 7,243
Amount Remaining: $532,757
Fiscal Year(s): 2021-22 & 2022-23
Justification: The Water Services Division located at
the City Yard is phasing out all aged workstations for
new and current staff to meet current compliance
standards; space reconfiguration is needed to
optimize space for newly hired staff (Various work
stations, ergonomic chairs, file cabinets, storage
cabinets, desks, conference tables, conference
chairs, office furniture, includes installation and
reconfiguration fees).

Amount Requested: $700,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: Project continuation from FY 21-23 due to construction timeline. Replacing existing furniture that is aged, obsolete, and beyond its useful life on the 2nd floor of City Yard Bldg. A. In addition, supplemental funds will be required due to the rising costs of goods, labor, and services brought on by inflation and higher wages, and full renovation of the office space, and the Stores facility. (Remodeling office spaces at Corporate Yard. Estimating installing 60 work stations, furnishing offices and adding purchasing additional furniture as needed).

Spec No. 19-114, 23-080, 23-081, 23-082, 23-092 Page 5 of 6

City Council
19 –
9 8/15/2023

EXHIBIT I
Fund Request and Expenditure Table
Department/Division Previously Requested Amounts - Projects (FY 2021-22 & 2022-23)
Project Continuation/
Current Request
(FY 2023-24 & 2024-25)
Public Works Agency
Parks, Fleet, & Facilities Division
N/A Amount Requested: $850,000
Fiscal Year(s): 2023-24 & 2024-25
Justification: The Public Works Division of Parks, Fleet, and Facilities has grown in recent years, and has hired new staff for the ongoing operations of the division. In additon, with Park Services transferring to Public Works Agency, staff has been temporarily located throughout the City. With recent renovations at City Hall, the intent is to centralize the Parks Planning Division at City Hall, as well as to maximize work stations for the Fleet and Facilities teams in their respective locations. Lastly, this request includes replacing exisiting furnitre that is aged, obsolete, and beyond its useful life for the Parks, Fleet, and
Facilities Division :(Various office workstations, cubicle stations, file cabinets, conference room tables, file
cabinets, storage cabinets, and office furniture; includes installation and reconfiguration fees).

Spec No. 19-114, 23-080, 23-081, 23-082, 23-092 Page 6 of 6

City Council
19 –
10 8/15/2023

Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Approval of a Historic Property Preservation Agreement

AGENDA TITLE
Historic Property Preservation Agreement

RECOMMENDED ACTION
Authorize the City Manager or designee to execute the Mills Act agreement with the below-referenced property owners for the identified structure(s), subject to non- substantive changes approved by the City Manager and City Attorney.

Property Owner(s)
Historic Property
Preservation
Agreement No.

Address/House Vote by HRC
Daniel and Diana
Vogel 2023-06 621 North Spurgeon
Street
5:0:0:3 (Jauregui,
Shipp, and Cornelius
Absent)

DISCUSSION
On July 6, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreement with the identified property owners for historic structure(s) in the City, subject to non- substantive changes approved by the City Manager and City Attorney: Historic Preservation Agreement Number No. 2023-06. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s).

During the July 6, 2023 HRC public hearing, the Commission noted that the existing front door is not compatible with the Queen Anne (Late Victorian)-style residence. Staff will work with the applicant to ensure that the front door is replaced with an appropriate style door as part of the rehabilitation and restoration requirements during the first five years of the duration of the Mills Act Contract for this property. The front door rehabilitation effort is in addition to the following items stated in the HRC staff report for the July 6, 2023 public hearing: 1) installation of a Hollywood Driveway and adjacent landscaping to the north of the driveway; 2) removal of yellow textured glass and

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Approval of Historic Property Preservation Agreement
August 15, 2023

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3 6
3 2
window pane restoration at the rear sunroom; 3) front and rear staircase wood rot repair; 4) repainting the exterior gate and home; 5) repair of carriage doors; and 6) repairing wood windows throughout the property as needed to ensure operability and general on-going maintenance.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. The following Categorical Exemption will be filed for this project:
•ER No. 2023-61 (621 North Spurgeon Street)

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually noted below, for a period of not less than ten years.

HPPA No. Address Estimate Exhibit No.
2023-06 621 North Spurgeon Street $1,212.75 1-2
Total for All Properties: $1,212.75

EXHIBIT(S)

1. Mills Act Agreement – 621 North Spurgeon Street

2. HRC Staff Report – 621 North Spurgeon Street
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Daniel Vogel and Diana Vogel, Husband and Wife as Joint Tenants , (hereinafter collectively referred to as “Owner”), owner of real property located a t 621 North Spurgeon Street, Santa Ana, California , in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq . (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possess es fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 621 North Spurgeon Street, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resourc e for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

Exhibit 1

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valua tion as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on August 16, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal o f the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the ann ual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the “Historical Propert y Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall conti nually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right -of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unu sed objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2023-06) staff report dated August 15, 2023 . All work items shall be completed within the first ten years of the Mills Act Agreement, with the exception of the front door rehabilitation to be completed within the first five years of the Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement.

4. Furnishing of Information.

The Owner hereby agree s to furnish the City with any and all information re quested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official mor e than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.

a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.

b. City does not waive any claim of default by the Owner if Cit y does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.

a. Owner hereby subjects the Historic Pro perty, located at 621 North Spurgeon Street, Assessor Parcel Number, 398-236-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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b. City and Owner hereby de clare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and res ervations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the o bligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at o ther addresses that may be later specified by the parties hereto.

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office

Owners: Daniel and Diana Vogel
621 North Spurgeon Street
Santa Ana, CA 92701

10. General Provisions.

a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms , provisions or conditions c ause them to be considered joint ventures or members of any joint enterprise.

b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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respect to any and all actions fo r damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property.

c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property.

d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever.

e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or t o determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date

This Agreement shall be effective on the day and year first written above in Section 1.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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ATTEST: CITY OF SANTA ANA

________________________ _________________________
Jennifer L. Hall KRISTINE RIDGE
Clerk of the Council City Manager

OWNERS

Date: ______________________ By:_________________________

DANIEL VOGEL

Date: ______________________ By:_________________________

DIANA VOGEL

APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney

By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO IN T HIS REPORT IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE SOUTH 28 2/3 FEET OF LOTS 7 AND THE NORTH 36 FEET OF LOT 10 OF THE

THOMAS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CAL IFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17

OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 398-236-02

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cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
NAME
Thomas House REF. NO.26
ADDRESS 621 North Spurgeon Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1898 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Lacy
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL RE GISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
USGS

7.5” Quad Date: T R ¼ of ¼ of Sec : B.M.

Prehistoric Historic Both

ARCHITE
CTURAL STYLE: Queen Anne (Late Victorian)
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:

The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last 20 years of the 19th century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof, ornate decoration of wood or metal along the eave and in the gable end, avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal, and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well developed examples can be found in California and in the Southern states (McAlester, 263-268).

Exhibit B

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cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)

August 18, 1933. Alterations to residence.

March 2, 1953. Alteration to private garage and storeroom.

September 17, 1982. Repair fire damage to garage.

October 13, 1982. Repair fire damaged garage.

July 13, 1989. Restore historical residence, replace deteriorated siding, repair damaged sub-flooring, re-plaster ceiling and wall.

RELATED FEATURES
: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape)

None.

DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.)

Located on the east side of Spurgeon Street just south of East Civic Center Drive, this is a one and a half story residence in the Queen Anne (Late Victorian ) style. A hipped roof with lower cross gables caps the dwelling. Narrow horizontal siding covers the body of the house while the gable faces feature fishscale shingles. Two dormers, one hipped, the other gabled, emerge from the hipped roof over the façade. A large front gable over the south half of the façade provides a focal point and is detailed with a rounded bargeboard and open trusswork in the gable end. Two tall and narrow double-hung sash windows are centered within the gable face. Separating the roof from the house below, a plain frieze and a bracketed soffit circle the house. A cant bay is located beneath the front gable while a porch is recessed beneath the roof to the north. Suggesting a Colonial Revival influence, Tuscan posts and columns are set on a low porch wall to enclose the porch. Within the porch space, the entry consists of a paneled and glazed door framed by panels that may have been sidelights and a transom. Complemented by trees, lawn, and shrubbery, this highly intact house sits on a property bordered at the sidewalk by a low cement curb. A garage also located on the property was not inspected.

HISTORIC HIGHLIGHTS
:

According to previous research, this house was constructed in 1898, a date consistent with its transitional design. It was originally owned by J. C. Thomas, a rancher and a director of the Santa Ana Valley Irrigation District. Now the only house remaining on this block of Spurgeon, the house occupies a portion of the original 2¾-acre parcel owned by Thomas (Treasures).

RESOURCE ATTRIBUTES
: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.)

HP2. Single-family Property

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cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
RESOURCES PRESENT:

Building Structure Object Site District Element of District Other

MOVED? No Yes Unknown Date: Original Location:

STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.)

Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange.

Santa Ana’s population rose steadily in the late 1880s, survived the economic downturn in 1893, and continued to grow as the end of the century approached. As a result, numerous homes were constructed during this period. This house is significant architecturally as an example of the Queen Anne (Late Victorian) style as it was influenced by the Colonial Revival of the early 20 th century. Queen
Anne characteristics include the complex roofline, the treatment of the gable ends, the use of fishscale shingles, and the front bay projection. The porch design, with its Tuscan columns and posts, is more closely affiliated with the Colonial Revival style.

The Thomas House retains good integrity. Character-defining original and restored exterior features, which should be preserved, include but may not be limited to: roof configuration and treatment; massing; exterior materials and finishes; fenestration; porch steps; and architectural detailing such as brackets, frieze, bargeboards, stickwork, and columns.

SUMMARY/CONCLUSION
:

This property is currently listed in the Santa Ana Register of Historical Property and has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Queen Anne (Late Victorian) style (Municipal Code, Section 30-2.2).

OWNER AND ADDRESS:

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cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
RECORDED BY: (Name, affiliation, and address)

Leslie J. Heumann

Science Applications International Corporation

35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105

DATE RECORDED: September 4, 2001

SURVEY TYPE: (Intensive, reconnaissance, or other)

Intensive Survey Update

REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana’s Historic Treasures.

Les, Kathleen. Historic Resources Inventory Lower French Park District, March 1980.

REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.)

Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: September 4, 2001

EXPLANATION OF CODES:

• National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation)
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.

• National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation)
5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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Exhibit C

Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The di stinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All bui ldings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time ar e evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features o r examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessa ry, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated b y historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701

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size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

City Council
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Planning and Building Agency
Item # c
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
July 6, 2023
Topic: HPPA No. 2023-06 – The Thomas House

RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Daniel and Diana Vogel for the property located at 621 North Spurgeon Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).

EXECUTIVE SUMMARY
Daniel and Diana Vogel are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 621 North Spurgeon Street that is currently listed on the Santa Ana Register of Historical Properties.

DISCUSSION
Project Location and Site Description
The subject property, known as the Thomas House, consists of an existing two-story Queen Anne (Late Victorian) style residence that is approximately 2,122 square feet in size on a 7,405-square-foot residential lot (Exhibit 2). The Thomas House was added to the Santa Ana Register of Historical Properties (“Register”) in 2001 and categorized as “Key.” Analysis of the Issues
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:

Exhibit 2Historic Resources Commission 2-1 July 6, 2023

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HPPA No. 2023-06 – The Thomas House
July 6, 2023

Page 2 ends

3 5
2 1
• Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2001, the Historic Resources Commission placed the Thomas House on the Register and within the “Key” category because of its distinctive architectural style and quality, as it is a significant illustration of the cross-gabled subtype of the Queen Anne style.

Character-defining exterior features of the Thomas House that should be preserved include, but may not be limited to: complex roof configuration; two-story massing and composition; wood siding (in various widths); front porch (including porch columns, paneled porch ceiling, wood porch steps, etc.); bay window; windows throughout including double-hung wood windows with wood trim; pedestrian doors; brick chimney; architectural detailing (scalloped wood shingles, half-timbered gables, exposed beams under eaves designed with scalloped ends, fascia with rounded ends, rear gable railing, etc.); and original carriage house (detached garage).

In 2018, the property received administrative approval for exterior modifications consisting of window trim restoration at the primary elevation, removal of unpermitted railing along the carriage house (detached garage), and front yard improvements including the installation of a “Hollywood Driveway,” with additional landscaping to the north of the driveway, and a new front yard wrought iron fence. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. It was noted during the 2023 site visit that all aforementioned items were implemented at the subject property except for installation of the Hollywood Driveway and adjacent landscaping to the north of the driveway. Staff will work with the property owner to ensure that the Hollywood Driveway and associated landscaping are installed as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property.

Additionally, during the 2023 site visit, staff noted the partial removal of non-compatible yellow textured glass from the rear sunroom and partial restoration of compatible clear glass. Additional non-compatible yellow textured glass was located on the rear door as well. Some wood rot was viewed throughout the exterior of the house, specifically at the rear staircase and front entry stairs. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include repainting the exterior gate and home, repair front steps from possible termites, repair carriage doors, repairing wood windows throughout the property as needed to ensure operability, and general on-going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character defining features as part of the Mills Act Agreement for this property.

Historic Resources Commission 2-2 July 6, 2023

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20 –
18 8/15/2023

HPPA No. 2023-06 – The Thomas House
July 6, 2023

Page 3 ends

3 5
2 1
As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.

Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-61, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually, for a period of not less than ten years.

EXHIBIT(S)
1 - Mills Act Agreement
2 - 500’ Radius Map
3 - Site Photos – 621 North Spurgeon Street
4 - HRC Staff Report Historic Summary and Resolution (621 N. Spurgeon Street) 5 - Action Minutes HRC (621 N. Spurgeon Street)
Submitted By:

Andrea Heywood, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission 2-3 July 6, 2023

City Council
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19 8/15/2023

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Historic Resources Commission 2-5 July 6, 2023

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20 –
20 8/15/2023

MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valua tion as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

3. Standards and Conditions for Historic Property.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall conti nually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right -of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unu sed objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement.

4. Furnishing of Information.

The Owner hereby agree s to furnish the City with any and all information requested which may be necessary or a dvisable to determine compliance with the terms and provisions of this Agreement.

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or ha s allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 ½) percent by Government Code Section 50286) of the current fair market value of the Historic Resources Commission 2-7 July 6, 2023

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 4 -
property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the prov isions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 621 North Spurgeo n Street, Assessor Parcel Number, 398-236-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that th e covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resources Commission 2-8 July 6, 2023

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 5 -
the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreem ent, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on t he account of the restrictions on the use and preservation of the Property.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later sp ecified by the parties hereto.

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: Daniel and Diana Vogel
621 North Spurgeon Street
Santa Ana, CA 92701

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms , provisions or conditions cause them to be considered joint ve ntures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, i ncluding death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 6 -
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reas on of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restric tions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties o f any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreemen t are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
2-10Historic Resources Commission July 6, 2023

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 7 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL KRISTINE RIDGE
Clerk of the Council City Manager
OWNERS
Date: ______________________ By:_________________________

DANIEL VOGEL
Date: ______________________ By:_________________________

DIANA VOGEL
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
Historic Resources Commission 2-11 July 6, 2023

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EXHIBIT A
Historic Resources Commission 2-12 July 6, 2023

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 8 -

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO IN T HIS REPORT IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE SOUTH 28 2/3 FEET OF LOTS 7 AND THE NORTH 36 FEET OF LOT 10 OF THE

THOMAS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CAL IFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17

OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 398-236-02
Historic Resources Commission 2-13 July 6, 2023

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EXHIBIT B
Historic Resources Commission 2-14 July 6, 2023

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Page 1 of 4 ends

cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
NAME Thomas House REF. NO.26
ADDRESS 621 North Spurgeon Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1898 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Lacy
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL RE GISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
USGS 7.5” Quad Date: T
R ¼ of ¼ of Sec : B.M.

Prehistoric Historic Both

ARCHITECTURAL STYL
E: Queen Anne (Late Victorian)
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:

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cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 18, 1933. Alterations to residence.

March 2, 1953. Alteration to private garage and storeroom.

September 17, 1982. Repair fire damage to garage.

October 13, 1982. Repair fire damaged garage.

July 13, 1989. Restore historical residence, replace deteriorated siding, repair damaged sub-flooring, re-plaster ceiling and wall.

RELATED FEATURES
: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None.

DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.)
Located on the east side of Spurgeon Street just south of East Civic Center Drive, this is a one and a half story residence in the Queen Anne (Late Victorian ) style. A hipped roof with lower cross gables caps the dwelling. Narrow horizontal siding covers the body of the house while the gable faces feature fishscale shingles. Two dormers, one hipped, the other gabled, emerge from the hipped roof over the façade. A large front gable over the south half of the façade provides a focal point and is detailed with a rounded bargeboard and open trusswork in the gable end. Two tall and narrow double-hung sash windows are centered within the gable face. Separating the roof from the house below, a plain frieze and a bracketed soffit circle the house. A cant bay is located beneath the front gable while a porch is recessed beneath the roof to the north. Suggesting a Colonial Revival influence, Tuscan posts and columns are set on a low porch wall to enclose the porch. Within the porch space, the entry consists of a paneled and glazed door framed by panels that may have been sidelights and a transom. Complemented by trees, lawn, and shrubbery, this highly intact house sits on a property bordered at the sidewalk by a low cement curb. A garage also located on the property was not inspected.

HISTORIC HIGHLIGHTS:

RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.)
HP2. Single-family Property
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Page 3 of 4 ends

cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
RESOURCES PRESENT:

Building Structure Object Site District Element of District Other MOVED? No Yes Unknown Date: Original Location:

STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.)
Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange.

Santa Ana’s population rose steadily in the late 1880s, survived the economic downturn in 1893, and continued to grow as the end of the century approached. As a result, numerous homes were constructed during this period. This house is significant architecturally as an example of the Queen Anne (Late Victorian) style as it was influenced by the Colonial Revival of the early 20th century. Queen Anne characteristics include the complex roofline, the treatment of the gable ends, the use of fishscale shingles, and the front bay projection. The porch design, with its Tuscan columns and posts, is more closely affiliated with the Colonial Revival style.

SUMMARY/CONCLUSION:

OWNER AND ADDRESS:

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Page 4 of 4 ends

cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
RECORDED BY: (Name, affiliation, and address)
Leslie J. Heumann
Science Applications International Corporation
35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105
DATE RECORDED: Sept
ember 4, 2001
SURVEY TYPE: (Intensive, reconnaissance, or other)
Intensive Survey Update
REPORT CITATION: (Cite sur
vey report and other sources)
City of Santa Ana. Santa Ana’s Historic Treasures.

Les, Kathleen. Historic Resources Inventory Lower French Park District, March 1980.

REFERENCES: (List
documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to A merican Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.

Whiffen, Marc
us. American Architecture Since 1780. Cambridge: MIT Press, 1969.

EVALUATOR: Lesli
e J. Heumann DATE OF EVALUATION: September 4, 2001
EXPLANATION OF CODES:
• National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation)
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.
• National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation)
5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation.

Historic Resources Commission
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EXHIBIT C
2-19
Historic Resources Commission
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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

4. Changes which may have taken place in the course of time ar e evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features o r examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

City Council
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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

Historic Resources Commission 2-21 July 6, 2023

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1 9
9 9
9 HPPA-2023-06
621 NORTH SPURGEON STREET

THOMAS HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
EXHIBIT 2
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July 6, 2023

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HPPA-2023-06
The Thomas House
621 North Spurgeon Street

SITE PHOTOS
EXHIBIT 3
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2. AYES: Chinn, Corpin, Gartner, Giles,
NOES: None ( 0)
ABSENT: Bustamante ( 1)
ABSTENTION: None ( 0)
Kings, O' Callaghan, Richardson ( 7)
Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties.

RECOMMENDATION:

Adopt a resolution approving Historic Register Categorization No.'s 2001- 91 and 2001- 105 through 107.

Carlos Rodriguez, Assistant Planner I, presented the staff report and recommendation.

Madame Chair Kings opened the public hearing.

No written communications were received and there were no speakers on the matter.

Madame Chair Kings closed the public hearing.

Madame Chair Kings requested the following:

Modify the template of Exhibit 4 page 2 under Historic Highlights as follows: " By 1934, James and Ada, and Vella, new the proprietor of the Spring Desert Tea Store, were the occupants.

Motion to adopt a resolution approving Historic Register Categorization No's. 2001-91 and 2001- 105 through 107 with modifications to the template.

MOTION: Richardson SECOND: Chinn
AYES: Chinn, Corpin, Gartner, Giles, Kings, p' Callaghan, Richardson ( 7) NOES: None ( 0)
ABSENT: Bustamante ( 1)
ABSTENTION: None ( 0)
HISTORIC REGISTER CATEGORIZATION NO'S. 2001- 108 THROGH 112.

Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties.

PUBLISHED ! N THE REGISTER: September 24, 2001
PUBLICLY NOTICED: September 21, 2001
HISTORIC RESOURCES COMMISSION MINUTES 5 OCTOBER 4, 2001 PUBLISHED IN THE REGISTER: September 24, 2001
PUBLlCLYNOTICED: September 2l, 2001
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Page 1 of 4 ends

cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
NAME Thomas House REF. NO.26
ADDRESS 621 North Spurgeon Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1898 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Lacy
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL RE GISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
USGS 7.5” Quad Date: T
R ¼ of ¼ of Sec : B.M.

Prehistoric Historic Both

ARCHITECTURAL STYL
E: Queen Anne (Late Victorian)
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:

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Page 2 of 4 ends

cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 18, 1933. Alterations to residence.

March 2, 1953. Alteration to private garage and storeroom.

September 17, 1982. Repair fire damage to garage.

October 13, 1982. Repair fire damaged garage.

July 13, 1989. Restore historical residence, replace deteriorated siding, repair damaged sub-flooring, re-plaster ceiling and wall.

RELATED FEATURES
: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None.

HISTORIC HIGHLIGHTS:

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Page 3 of 4 ends

cm\historic\templates\Spurgeon N 621 (Thomas)
9/24/01
RESOURCES PRESENT:

Building Structure Object Site District Element of District Other MOVED? No Yes Unknown Date: Original Location:

Santa Ana’s population rose steadily in the late 1880s, survived the economic downturn in 1893, and continued to grow as the end of the century approached. As a result, numerous homes were constructed during this period. This house is significant architecturally as an example of the Queen Anne (Late Victorian) style as it was influenced by the Colonial Revival of the early 20th century. Queen Anne characteristics include the complex roofline, the treatment of the gable ends, the use of fishscale shingles, and the front bay projection. The porch design, with its Tuscan columns and posts, is more closely affiliated with the Colonial Revival style.

SUMMARY/CONCLUSION:

OWNER AND ADDRESS:

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Page 4 of 4 ends

Les, Kathleen. Historic Resources Inventory Lower French Park District, March 1980.

REFERENCES: (List
documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to A merican Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.

Whiffen, Marc
us. American Architecture Since 1780. Cambridge: MIT Press, 1969.

Historic Resources Commission
2-37 July 6, 2023

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

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MILLS ACT AGREEMENT
621 North Spurgeon Street
Santa Ana, CA 92701
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

Historic Resources Commission
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Public Works Agency
www.santa-ana.org/public-works
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Approve an Appropriation Adjustment for the Santiago Park Trail and Habitat Restoration Project

AGENDA TITLE
Approve an Appropriation Adjustment for the Santiago Park Trail and Habitat Restoration Project (Project No. 24-6601) (Non-General Fund)

RECOMMENDED ACTION
Approve an appropriation adjustment to recognize the State Coastal Conservancy grant revenue of $400,000 into the Public Works Agency (PWA) Parks Capital Grants, State Grant-Direct Revenue Account and appropriate the same amount into the SA River Conservancy Program, Improvements Other Than Buildings. (Requires five affirmative votes)

DISCUSSION
Santiago Park is a 35-acre linear park located in the northern edge of the City of Santa Ana along the Santiago Creek. Due to the City’s urban environment and rapidly increasing density, Santiago Park is an important site within our park system.

On July 30, 2022, the Public Works Agency’s Park Services Division submitted an application to the State Coastal Conservancy for design funding for the Santiago Park Trail and Native Habitat Restoration project. The project intends to increase public use of the trail, provide more connectivity through the park, and further enhance this natural park by restoring the native landscape. The scope of work involves providing a delineated walking trail, restoration of the riparian habitat, security lighting, automated irrigation system, and a pedestrian bridge to connect the north and south banks of the park over Santiago Creek.

On April 4, 2023, the City Council adopted Resolution 2023-016, which authorized the City Manager to execute agreements with the State Coastal Conservancy for the Santiago Park Trail and Native Habitat Restoration project. In June 2023, the State notified the City of the grant award of $400,000 for design for this project.

Approval of this appropriation adjustment will allow for $400,000 to be allocated to the project and fund design efforts.

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Approve Appropriation Adjustment for the State Coastal Conservancy Grant August 15, 2023

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3 6
4 7

FISCAL IMPACT
Staff is requesting City Council approval of an appropriation adjustment to recognize the State Coastal Conservancy grant revenue of $400,000 into the PWA Parks Capital Grants, State Grant-Direct Revenue Account (No. 16117002-52025) and appropriate the same amount into the SA River Conservancy Program, Improvements Other Than Buildings (No. 16117263-66220). The remaining balance not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2024-

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

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
2023-24 16117263-66220
(24-6601)
Parks Capital
Grants
SA River Conservancy
Program-PWA,
Improvements Other
Than Buildings
$400,000
TOTAL $400,000

EXHIBIT(S)

1. Agreement with State Coastal Conservancy
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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STATE OF CALIFORNIA
State Coastal Conservancy

GRANT AGREEMENT
Grant - Rev 11/20

THIS AGREEMENT is entered into this day of ________________, 2023 in the State of California, by and between:

and

I. SCOPE OF AGREEMENT
Pursuant to Chapter 4.6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy (“the Conservancy”) hereby grants to the City of Santa Ana (“the grantee”) a sum not to exceed $400,000.00 (four hundred thousand dollars) (“funds”), subject to this agreement.

(Continued on the following pages)

The provisions on the following pages constitute a part of this agreement.

This agreement has been executed by the parties as shown below.

STATE OF CALIFORNIA GRANTEE
AGENCY GRANTEE (If other than an individual, state whether a corporation, partnership, etc.) State Coastal Conservancy City of Santa Ana
BY (Authorized Signature) BY (Authorized Signature)



PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel, Executive Officer Kristine Ridge, City Manager

ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER
1515 Clay Street, 10th Floor
Oakland, CA 94612
Phone: (510) 286-1015
20 Civic Center Plaza - Treasury
Santa Ana, CA 92701
Phone: (714) 647-5400

AMOUNT ENCUMBERED BY

THIS DOCUMENT

$400,000.00

PROGRAM/CATEGORY

Local Assistance
FUND TITLE/PROP NO.

General Fund

I certify that this
agreement is exempt
from Department of
General Services’
approval.

Erlinda Corpuz
Procurement and
Contracts Manager

PRIOR AMOUNT

ENCUMBERED FOR THIS

AGREEMENT

FUND ITEM

CHAPTER STATUTE FISCALYEAR

$-0-
3760-101-0001(F)

21 2021 21/22

TOTAL AMOUNT

ENCUMBERED TO DATE

PROJECT NAME
$400,000.00 Santiago Park Trails and Habitat Improvements I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

NAME AND SIGNATURE OF ACCOUNTING OFFICER DATE

AGREEMENT NUMBER AM. NO.
22-159

TAXPAYERS FEDERAL EMPLOYER
IDENTIFICATION NO.
95-6000785
AGENCY
State Coastal Conservancy

GRANTEE'S NAME
City of Santa Ana
6/19/2023
June
19th

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Grant Agreement No. 22-159

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The grantee shall use the funds to prepare a restoration plan (“the project”) for the Santiago Creek Park in Santa Ana, California, as shown on Exhibit 1, which is incorporated by reference and attached.

The project consists of completion of design, environmental review, and permit applications for

4.28 acres of Santiago Park. The design will include trail alignments and specifications for park amenities such as irrigation, landscaping, and lighting. The design will include renovation of the pedestrian trail with decomposed granite, security lighting, an ADA accessible bridge across the creek, and drinking fountains and benches in the south end of the park. Environmental review will inform the design and ensure that implementation of the design would fall under CEQA Conditional Exemption Section 15304/Class 4 Minor Alterations.

The grantee shall carry out the project in accordance with this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project.

II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND

DISBURSEMENT
The grantee shall not commence the project and the Conservancy will not be obligated to disburse any funds under this agreement until the following conditions precedent have been met:

1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee.

2. The Executive Officer of the Conservancy (“Executive Officer”) has approved in writing:

a. The work program for the project as provided in section “V. WORK PROGRAM.”

b. All contractors that the grantee intends to retain in connection with the project.

3. The grantee has provided written evidence to the Conservancy that:

The grantee has provided for required insurance coverage, including additional insured endorsement, as described in section “XIII. INSURANCE.”

III. TERM OF AGREEMENT
This agreement will take effect when signed by both parties and received in the office of the Conservancy together with the resolution described in section “II. CONDITIONS PRECEDENT

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TO COMMENCEMENT OF PROJECT AND DISBURSEMENT.” This agreement may be signed electronically using a process specified by the Conservancy.

This agreement terminates on June 30, 2026 (“the termination date”) unless otherwise terminated early as provided in this agreement. However, the grantee shall complete all work by December 31, 2025 (“the completion date”).

The grantee shall deliver a final Request for Disbursement to the Conservancy no later than January 31, 2026.

IV. AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its February 2, 2023 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit 2. This agreement is executed under that authorization.

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Standard Provisions

V. WORK PROGRAM
Before beginning the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this grant agreement. The work program must include:

1. The specific tasks to be performed.

2. A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date.

3. A detailed project budget. The project budget must describe all labor and materials costs of completing each component of the project. For each project component, the project budget must list all intended funding sources including the Conservancy’s grant and all other sources of monies, materials, or labor.

If all or any part of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee, the grantee shall submit to the Executive Officer for review and approval the names and qualifications of the contractors.

The work program will have the same effect as if included in the text of this agreement.

However, the work program may be modified without amendment of this agreement upon the grantee’s submission of a modified work program and the Executive Officer’s written approval of it. If this agreement and the work program are inconsistent, the agreement will control.

The grantee shall carry out the project in accordance with the approved work program.

VI. COORDINATION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination.

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VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY

SUPPORT
All material, data, information, and written, graphic or other work produced, developed or acquired under this agreement is subject to the unqualified and unconditional right of the Conservancy to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark, or patent, the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense.

The grantee shall include in any contract with a third party for work under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third-party beneficiary of those provisions.

The grantee shall not utilize the work produced under this agreement for any profit-making venture, nor sell or grant rights to a third party for that purpose.

In order to acknowledge the Conservancy’s support of the project, the grantee shall display the Conservancy’s name and logo in the final report in a prominent location.

VIII. COSTS AND DISBURSEMENTS
When the Conservancy determines that all conditions in section “II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT” have been fully met, the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section.

The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee’s satisfactory progress under the approved work program and upon submission of a “Request for Disbursement” form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee’s satisfactory completion of the project and compliance with section “X. PROJECT COMPLETION,” and upon the Conservancy’s acceptance of the project.

Hourly rates billed to the Conservancy must be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to

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the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the state employee rates as identified on the California Department of Human Resources (CalHR) website under travel reimbursements for state employees. The Conservancy may reimburse in excess of the state employee rates upon documentation that these rates are not reasonably available to the grantee.

The grantee shall request disbursements by filing with the Conservancy a fully executed “Request for Disbursement” form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred, of all work done for which disbursement is requested. The form must also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement.

An authorized representative of the grantee must sign the form. Each form must be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred.

2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing.

3. A progress report summarizing the current status of the project and the work for which the grantee is requesting disbursement.

The grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until the grantee corrects all deficiencies.

IX. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG

BUDGET ITEMS
No increase in the total amount of this grant will be valid unless set forth in a written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any

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deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items that exceed the amount allocated in the project budget by more than ten percent and that have not received the approval required above. Any increase in the funding for any particular budget item will mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement.

X. PROJECT COMPLETION
The grantee shall complete the project by the completion date provided in section “III. TERM OF AGREEMENT.” Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting the following by the final Request for Disbursement date set forth in section “III. TERM OF AGREEMENT”:

1. The plan and any other work products specified in the work program for the project, each in a format or formats (for example, paper, digital, photographic) approved by the Executive Officer.

2. A fully executed final “Request for Disbursement.” A “final Request for Disbursement” means a Request for Disbursement that includes the withheld amounts and all remaining amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.

The Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project will be deemed complete as of the date of the letter.

XI. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing.

Before the project is complete, the Conservancy may terminate or suspend this agreement for any reason by providing the grantee with seven days notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy will be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement will remain in effect until further written notice from the Conservancy authorizes work to resume.

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If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee will be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph does not limit any other remedies the Conservancy may have for breach of this agreement.

Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.

On or before the date of termination of the agreement under this section, whether terminated by the grantee or the Conservancy, the grantee shall provide the Conservancy with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this agreement (whether completed or partial), in appropriate, readily useable form.

The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.

The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.

XII. INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages, or costs, including without limitation litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code Section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.

The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement.

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Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement.

XIII. INSURANCE
Throughout the term of this agreement, the grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement.

As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage required by this section in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

a. Insurance Services Office (“ISO”) Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable.

b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).

c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and Employer’s Liability insurance.

2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:

a. General Liability:
(Including operations,
products and completed
operations, as applicable)

$2,000,000 per occurrence for bodily injury,
personal injury and property damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit must apply separately
to the activities under this agreement, or the
general aggregate limit must be twice the required
occurrence limit.

b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

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c. Worker’s Compensation
and Employer’s Liability:

Worker’s compensation as required by law and
Employer’s Liability of no less than $1,000,000
per accident for bodily injury or disease.

d. Watercraft Liability (for
private vessel) coverage, if
required under 1.d., above:

In the following amounts:

a. Vessels under 26 ft.: $1,000,000 combined
single limit.

b. Vessels over 26 ft. or vessel involved in
research: $2,000,000 combined single limit.

3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer.

4. Required Provisions Concerning the Conservancy and the State of California.

a. The grantee shall notify the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with evidence of renewal or replacement of the policy.

b. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer.

c. The general liability and automobile liability policies must contain, or to be endorsed to contain, the following provisions:

i. The State of California, its officers, agents and employees are additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with such work or operations.

ii. For any claims related to this agreement, the grantee’s insurance coverage must be primary insurance with respect to the State of California, its officers,

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agents and employees, and not excess to any insurance or self-insurance of the State of California.

iii. The limits of the additional insured coverage must equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement.

d. Coverage does not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

5. Acceptability of Insurers. Insurance must be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer.

6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.

7. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain errors and omissions liability insurance appropriate to the contractor’s profession and in a reasonable amount in light of the nature of the project with a minimum limit of liability of $1,000,000.

8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy.

XIV. AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, “required records”) relating to this agreement, in accordance with the guidelines of “Generally Accepted Accounting Principles” (“GAAP”) published by the American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, disbursement of all funds related to work under the agreement, and time and effort reports that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation.

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Additionally, the Conservancy or its agents may review, obtain, and copy all required records.

The grantee shall provide the Conservancy, California State Auditor, their officers, employees and agents with any relevant information requested and with access to the grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations.

The grantee shall retain the required records for a minimum of three years following final disbursement by the Conservancy. The records will be subject to examination and audit by the Conservancy and the California State Auditor during the retention period.

If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.

The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement.

XV. COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

XVI. NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee

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shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement.

XVII. AMERICANS WITH DISABILITIES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

XVIII. PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861.

If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations.

The grantee is responsible for determining whether the project is subject to prevailing wage laws, and for complying with all labor laws applicable to the project. The grantee may also review the Conservancy publication, Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (May 2018), available from the Conservancy on request, which provides general information and is not legal advice to the grantee on whether the grantee’s project is subject to prevailing wage laws.

XIX. DRUG-FREE WORKPLACE
The grantee’s signature on this agreement constitutes the certification required by Government Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees provide a drug-free workplace by doing all of the following:

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City of Santa Ana
Grant Agreement No. 22-159

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1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition.

2. Establishing a drug-free awareness program to inform employees about all of the following:

a. The dangers of drug abuse in the workplace.
b. The person’s or organization’s policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations.

3. Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement.

XX. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement.

The Conservancy shall provide the grantee advance written notice of such termination, allowing the grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy.

XXI. INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this agreement, are acting in an independent capacity and not as officers or employees or agents of the State of California.

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City of Santa Ana
Grant Agreement No. 22-159

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XXII. ASSIGNMENT
Without the written consent of the Executive Officer, this agreement is not assignable by the grantee in whole or in part.

XXIII. TIMELINESS
Time is of the essence in this agreement.

XXIV. EXECUTIVE OFFICER’S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who will have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing.

XXV. AMENDMENT
Except as expressly provided in this agreement, no change in this agreement will be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement will be binding on any of the parties.

XXVI. SURVIVAL
The obligations in sections “VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY SUPPORT” and “XII. INDEMNIFICATION AND HOLD HARMLESS” survive the termination of this agreement.

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Exhibit 1: Project Location Map
Project Location
Exhibit 1

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COASTAL CONSERVANCY

Staff Recommendation
February 2, 2023

Santiago Park Trail and Habitat Restoration Plan

Project No. 19-020-02
Project Manager: Danh Lai

RECOMMENDED ACTION: Authorization to disburse up to four hundred thousand dollars ($400,000) to the City of Santa Ana to prepare designs and perform environmental review for restoration of 4.28 acres of pedestrian hiking trail and riparian habitat in Santiago Park within the City of Santa Ana, Orange County.

LOCATION: Santiago Park, City of Santa Ana, Orange County

EXHIBITS
Exhibit 1: Project Location Map
Exhibit 2: Project Conceptual Map
Exhibit 3: Project Letters

RESOLUTION AND FINDINGS
Staff recommends that the State Coastal Conservancy adopt the following resolution and findings.

Resolution:

The State Coastal Conservancy hereby authorizes a grant of an amount not to exceed four hundred thousand dollars ($400,000) to the City of Santa Ana (“the grantee”) to prepare designs and environmental review for restoration of 4.28 acres of pedestrian hiking trail and riparian habitat in Santiago Park within the City of Santa Ana, Orange County.

Prior to commencement of the project, the grantee shall submit for the review and written approval of the Executive Officer of the Conservancy (Executive Officer) the following:

1. A detailed work program, schedule, and budget.

2. Names and qualifications of any contractors to be retained in carrying out the project.

Findings:

Exhibit 2

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Based on the accompanying staff recommendation and attached exhibits, the State Coastal Conservancy hereby finds that:

1. The proposed authorization is consistent with Chapter 4.6 of Division 21 of the Public Resources Code, regarding the Santa Ana River Conservancy Program and funding for recreational opportunities and trails within the Santa Ana River region.

2. The proposed project is consistent with the current Conservancy Project Selection Criteria.

STAFF RECOMMENDATION
PROJECT SUMMARY:

Staff recommends the Conservancy authorize a $400,000 grant to the City of Santa Ana for the Santiago Park trail and habitat restoration plan. The project will develop design plans and perform environmental review for the restoration of 4.28 acres of pedestrian hiking trails and creek-side habitat in Santiago Park. The environmental review of this planning phase will analyze any potential impact to the land that could result from improvements to the trail . It will ensure that those fall within the conditions of Conditional Exemption Section 15304/Class 4 Minor Alterations. They will ensure implementation of the project will have no impact to the creek and existing vegetation in the area.

The restoration design plan will include separate trails for pedestrians, bicyclists and vehicles to reduce user conflicts and improve safety, improve ADA accessibility to Santiago Park, and provide public information about Santiago Creek and its vegetation and wildlife. A final goal is to support recreational and educational opportunities for disadvantaged youth who visit Santiago Park during field trips.

The design will call for renovating the heavily used pedestrian trail with decomposed granite to enhance accessibility and walkability while establishing a clean visual appearance. High quality security lighting will illuminate the entire trail of the project area in darker hours, creating a stronger sense of safety for pedestrians and cyclists. An ADA accessible bridge will connect the north and south sides of Santiago Park across the creek by improving the functionality of the park and create an inclusive environment for park visitors. The deteriorating landscape will be revitalized with freshly planted native vegetation and maintained with new, comprehensive irrigation systems. Interpretive signage will be installed throughout the project area to enhance the educational spirit of the park. The south end of the park suffers from a lack of amenities and the plan will call for installation of drinking fountains and benches.

Site Description: Santiago Park is a 35-acre park adjacent to Santiago Creek, a tributary to the Santa Ana River, in the City of Santa Ana, Orange County. The project site is located immediately adjacent to the Phase II Santiago Park construction improvements project area, previously funded by the Conservancy. It is a heavily used recreational area and was indicated as the most visited public recreational space in a 2021 city wide survey administered by the City of Santa Ana Parks, Recreation, and Community Services Agency. The southeast section of the

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park, where the proposed project is located, is a critical connection point to improve access from the City of Orange and the Santiago Neighborhood into the park site.

The pedestrian trail is visibly worn from high traffic and does not provide quality ADA features.

The ambience of the south side of the park suffers from the lack amenities, such as drinking fountains and benches, making it less welcoming and thus underutilized. The current lighting system is insufficient and poses as a safety concern for visitors in the colder seasons when daylight is limited. As for the surrounding native landscape, the vegetation is deteriorating from poor irrigation. The Santiago Park Nature Reserve, viewing areas, walking paths and riparian areas along Santiago Creek provide a feature for the public to enjoy bird watching and other wildlife that live in the park. The park includes large oak trees, eucalyptus trees, sycamore trees, poplar trees, and pine trees.

Grant Applicant Qualifications: The City of Santa Ana Parks, Recreation and Community Services Agency has received and managed more than $50 million in grant funding to construct new parks and renovate existing parks and recreation facilities. The agency works closely with the City’s Public Works Department to ensure that projects are completed in a timely manner and on budget. The City’s senior management analyst, administrative services manager, and senior accounting staff monitor project progress and expenditures, and manage project cash flow. Further, the City’s competitive contractor selection and bid process ensures that they hire qualified contractors and require performance bonds to ensure that projects are completed on schedule and per plan specifications.

CONSISTENCY WITH CONSERVANCY’S PROJECT SELECTION CRITERIA:

The proposed project is consistent with the Conservancy’s Project Selection Criteria, last updated on September 23, 2021, in the following respects:

Selection Criteria

1. Extent to which the project helps the Conservancy accomplishes the objectives in the Strategic Plan.

See the “Consistency with Conservancy’s Strategic Plan” section below.

2. Project is a good investment of state resources.

The project provides an opportunity to complete designs for enhancement of an invaluable resource for the state. Once implemented, it will restore and protect the ecological integrity of a portion of this tributary to the Santa Ana River while also providing a safe recreational space.

The budget is reasonable for the scope of work. The Park Santiago Neighborhood Association has expressed strong support for the project, deeming it as “an essential respite within the densely populated urban setting in which [they] live”. Local residents and visitors will be able to enjoy the interpretive signs that will highlight the critical role that the park plays in sustaining wildlife, even in its urban context.

4. Project benefits will be sustainable or resilient over the project lifespan.

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The proposed improvement designs will build on the park’s existing components to encourage longevity for both the ecological and recreational uses. The installation of a pedestrian bridge and decomposed granite trail are durable solutions for the park’s currently deteriorating landscaping and trails. The habitat restoration equips the park with native plants that are resilient to drought and support local ecology. After invasive vegetation is removed, a more robust irrigation system will ensure the success and sustainability of newly planted native plants.

5. Project delivers multiple benefits and significant positive impact.

The project seizes the unique opportunity to provide urban greening along one of very few remaining natural streams in Orange County. Coupled with the plethora of recreation amenities such as archery and lawn bowling, the restoration plans of the trail and enhanced features will provide a safe and welcoming space for all local community members to recreate freely. The project provides access to high quality greenspace for a city with several disadvantaged communities as defined by the California Department of Water Resources.

PROJECT FINANCING
Coastal Conservancy $400,000
Project Total $400,000
The anticipated source of Conservancy funding for this project is a fiscal year 2021-2022 appropriation to the Conservancy from the General Fund for the Santa Ana River Conservancy Program. (The Budget Act of 2021, Section 19.57 as added by SB 170, Chapter 240, Statutes of 2021) This project is consistent with the goals of the Santa Ana River Conservancy program, as discussed in the Consistency with Conservancy’s Enabling Legislation section below.

The Conservancy does not typically require matching funds or in-kind services, nor does it require documentation of expenditures from other funders or of in-kind services. Typical grant conditions require grantees to provide any funds needed to complete a project.

CONSISTENCY WITH CONSERVANCY’S ENABLING LEGISLATION:

The proposed project is consistent with the provisions of Chapter 4.6 of Division 21 of the Public Resources Code, Sections 31170 to 31174 regarding the Santa Ana River Conservancy Program and funding for recreational opportunities and trails within the Santa Ana River region.

The Santa Ana River region includes lands on either side of the Santa Ana River or its tributaries (Section 31172(c)). The proposed project is located adjacent to Santiago Creek, which is a tributary of the Santa Ana River.

Section 31173 states that the Conservancy may undertake projects and award grants to public agencies to help achieve the goals of the Santa Ana River Conservancy Program, including recreational opportunities and trails, and wildlife habitat and species restoration, and enhancement (Section 31173(a)). Santa Ana River Conservancy Program goals also include public access to, enjoyment of, and enhancement of recreational and educational experience

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on program lands in a manner consistent with the protection of land and natural resources and economic resources in the area (Section 31173(b)).

Section 31174(b) requires the Conservancy to prepare the Santa Ana River Parkway and Open Space Plan (Plan), which was approved by the Conservancy in May 2018. The Plan is required to identify and prioritize low-impact recreational and open-space needs, including additional or upgraded facilities and parks that may be necessary or desirable within the Santa Ana River watershed. This project is identified as a priority project in the Plan that will assist in upgrading facilities and parks that are necessary or desirable within the Santa Ana River watershed.

Section 31174(c) states that the Conservancy shall “Give priority to river-related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river and in parts of the river channel that can be improved without infringing on water quality, water supply, and necessary flood control.” The proposed project will help achieve the goals of the Santa Ana River Conservancy Program by awarding a grant to the City of Santa Ana to complete design for recreational opportunities, trails and wildlife habitat restoration in Santiago Park . The project will plan for expanded opportunities for recreation within the park, and plan for greening, aesthetic improvements, and wildlife habitat along Santiago Creek. The separation of trails for pedestrians and bicyclists and improved security lighting will expand and improve the recreational hiking and biking experience within the park. The installation of interpretive elements also will improve the educational experience and provide context for wildlife viewing and enjoyment.

CONSISTENCY WITH CONSERVANCY’S 2023-2027 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):

Consistent with Goal 1, Objective 1 of the Conservancy’s 2023-2027 Strategic Plan, the proposed project will benefit disadvantaged communities by planning for park facilities that will support recreational and educational opportunities for local disadvantaged youth.

Consistent with Goal 2, Objective 4, the proposed project will plan improvements to trail accessibility and safety along the Santiago Creek, a tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River Park way.

Consistent with Goal 2, Objective 5, the proposed project will plan improvement to interpretive signage and trail amenities such as seating and lighting along the Santiago Creek, a tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River Park way.

CEQA COMPLIANCE:

The proposed planning project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Chapter 3 (CEQA Guidelines), Article 18, Statutory Exemptions, Section 15262, which states that a project involving only feasibility or planning studies for possible future actions that have not yet been approved does not require the preparation of an environmental document under CEQA but does require the consideration of environmental factors. The proposed planning project consists of planning and design, will consider environmental factors, and will be subject to CEQA review and analysis

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prior to implementation. No potential improvements will be approved without undergoing environmental review under CEQA.

Upon approval, staff will file a Notice of Exemption for the project.

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Public Works Agency
www.santa-ana.org/public-works
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Blanket Order Contracts for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services

AGENDA TITLE
Award Aggregate Blanket Order Contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services in a Not-to-Exceed Aggregate Amount of $2,000,000 (Specification No. 23-063) (General and Non-General Fund)

RECOMMENDED ACTION
Award aggregate blanket order contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for fire alarm and sprinkler systems inspection, repair, and maintenance services on an as needed basis, in an annual amount not to exceed $400,000, with a total aggregate amount not to exceed $2,000,000 for an initial one- year term beginning September 1, 2023 and expiring August 31, 2024, with provisions for four, one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division oversees City facilities to ensure mechanical systems operate reliably and efficiently, as well as meet all applicable laws and regulations. City facilities are equipped with fire and life safety systems for the protection of life and property. The fire alarm system and related system devices require inspection, preventive maintenance, and repairs to ensure continuous uninterrupted operation.

The aggregate blanket order contracts are comprised of fire and life safety systems providers that possess the required licenses and experience to provide testing, inspections, repair, and maintenance in compliance with local, state, and national codes and regulations.

The Invitation for Bids (IFB) No. 23-063 was advertised on June 27, 2023 on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:

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3 6
5 2
250 Vendors notified
4 Santa Ana vendors notified
20 Vendors downloaded the bid packet
5 Bids received
0 Bids received from Santa Ana vendors
Bids were solicited, opened on July 11, 2023, and evaluated (Exhibit 1). Five bids were submitted by the IFB deadline and all were determined to be responsive to the specifications and met the City’s requirements. Staff recommends awarding aggregate blanket order contracts to the three lowest responsive vendors that submitted a bid, VFS Fire & Security Services, ADT, LLC, and Siemens Industry, Inc. to ensure sufficient resources are available at all times for the testing, inspection, repair, and maintenance of fire alarms and sprinklers and related devices.

Vendor Location
ADT, LLC Orange, CA
Siemens Industry, Inc. Cypress, CA
VFS Fire & Security Services Orange, CA

FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 01117651-
62300
General
Fund
Park Maintenance Service
Enhancement, Contract
Services-Professional
$200,000
FY 23-24 07317100-
62300
Building
Maintenance
Building Maintenance,
Contract Services-
Professional
$200,000
Total $400,000

EXHIBIT(S)

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

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BIDDER LOCATION TOTAL
VFS Fire & Security Services Orange, CA $1,025.00
ADT, LLC Orange, CA $1,045.00
Siemens Industry, Inc. Cypress, CA $1,456.00
Majestic Fire, Inc. Sherman Oaks, CA $1,625.00
Time & Alarm Systems Mira Loma, CA $1,625.00
Fire Alarm & Sprinkler Systems Inspection, Repair, & Maintenance Services (23-063)

ABSTRACT OF BIDS
EXHIBIT 1
EXHIBIT 1

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Public Works Agency
www.santa-ana.org/public-works
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Agreement for Memorial Park and Aquatics Facility Renovation

AGENDA TITLE
Approve an Agreement with ELS Architecture and Urban Design for Architectural Design Services of the Memorial Park and Aquatics Facility Renovation (Project No. 22- 1415) (Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION
Authorize the City Manager to execute a consultant agreement with ELS Architecture and Urban Design to provide master planning, contract documents, and construction support for the Memorial Park and Aquatics Facility Renovation in the amount of $1,547,104, with a contingency of $232,066, for a total amount not to exceed $1,779,170, for a three-year term beginning August 15, 2023 and expiring August 14, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney

DISCUSSION
Dedicated in May 1950, Memorial Park is located in the central-south area of the City of Santa Ana and stretches 16.3 acres. The community center and pool are both of the original 1956 installation requiring more than routine maintenance and renovations.

Additionally, the floor plan layout does not meet today’s programming needs and requires redesign and construction.

On April 27, 2023, the Public Works Agency (PWA) released Request for Proposal (RFP) No. 23-061, Architectural Design Services for a Park Master Plan and new Aquatics Facility at Memorial Park. The master plan will provide a comprehensive feature plan for future park improvements. The main scope of work is to provide design services to prepare plans and specifications for construction of the aquatics facility.

The RFP was advertised on the City’s online procurement management and publication system with proposals due on June 7, 2023. Twelve proposals were received and evaluated by a selection committee based on criteria outlined in the RFP. Four proposals were short listed and firms were invited to conduct an in-person presentation.

As a result, ELS Architecture + Urban Design and SWA Group was selected to provide the design services for this project. Based on evaluation criteria and in-person presentations, the following summarizes the top four responding firms and their ranking.

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3 6
5 1
Firm Location Rank
ELS Architecture and Urban Design Los Angeles, CA 1
Little Diversified Architectural Consulting Newport Beach, CA 2 RJM Design Group, Inc. Santa Ana, CA 3
Lehrer Architect La, Inc Los Angeles, CA 4
Staff recommends awarding an agreement to ELS Architecture and Urban Design (Exhibit 1). The firm is a new vendor to the City, their 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
The following table summarizes the funds budgeted and available for expenditure to award the agreement. Funding will be available in the FY 23-24 budget through the Carry Forward (CF) process. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers for subsequent fiscal years.

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
2023-24
(CF)
18117013-66200
(22-1415)
American
Rescue Plan
Act of 2021
(ARPA)
American Rescue Plan
Act - PWA–Buildings
and Building
Improvements
$1,779,170
TOTAL: $1,779,170

EXHIBIT(S)

1. Agreement with ELS Architecture and Urban Design
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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CONSULTANT AGREEMENT BETWEEN ELS ARCHITECTURE AND URBAN

DESIGN, AND THE CITY OF SANTA ANA FOR LANDSCAPE ARCHITECTURAL

SERVICES FOR MEMORIAL PARK AND

AQUATICS FACILITY RENOVATION
THIS AGREEMENT is made and entered into this 15th day of Augus t, 2023 by and between ELS Architecture and Urban Design ( “Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On April 27, 2023, the City issued Request for Proposal (“RFP”) No. 23-061, by which it sought a qualified consultant to perform master planning, preparation of contract documents, and construction support for the new Memorial Park and Aquatics Facility Renovation
B. Consultant submitted a responsive proposal that was selected by the City .

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-061.

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

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

1. SCOPE OF SERVICES
Consultant shall perform all those services which were described in the scope of work included within RFP No. 23-061, attached hereto and incorporated herein by this reference as Exhibit A, and as further described in Consultant’s Proposal, attached hereto and 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 under this Agreement, the rates and charges identified in Consultant’s Fee Proposal, attached hereto and incorporated herein by this reference as Exhibit C. The total sum to be expended under the term of this Agreement , including any extension periods, shall not exceed $1,779,170.00. This sum is comprised of (1) the base amount of $ 1,547,104.00; and (2) a contingency in th e amount of $232,066.00 for additional services at the City’s sole discretion.

EXHIBIT 1

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

3. TERM
This Agreement shall commence on August 15, 2023 and terminate on August 14, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two (2), one -year extensions subject to non -substantive changes in writing approved and executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of pr evailing 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 licen se 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”).

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

Insurance coverage shall be at least as broad as:

Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising in jury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $5,000,000.00 per accident for bodily injury and property damage.

Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease.

Professional Liability: with limits no less than $2,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

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 h igher 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.

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

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed

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by or on behalf of the Consult ant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO F orm CG 20 10 11 85 or if no t 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).

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

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

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

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

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

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

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

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

If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must

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purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original Certificat es 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 insuranc e policies, including endorsements required by these specifications, at any time.

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.

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

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees,

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for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Ag reement. 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 perio d 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 su ch 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 c are. “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 disclo sed 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with pe rformance of services specified under this Agreement.

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

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To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: ELS Architecture and Urban Design
950 S. Grand Ave. Suite 400
Los Angeles, CA 90015
Attn: Clarence D. Mamuyac Jr., Principal
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new addres s. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by writte n 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, shal l not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement

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shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

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

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City sh all 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 t he City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of Calif ornia 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 v enue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

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20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, ap provals, 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 noti fy the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. FUNDING-RELATED PROVISIONS
Funds from the Cor onavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act , available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act , availa ble at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditi ons; and
f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by this reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of

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ELS Architecture and Urban Design

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

CONSULTANT’S PROPOSAL

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Response to Request for Proposals - RFP No. 23-061
June 7, 2023
Memorial Park
Park Master Plan and New Aquatics Facility
City of Santa Ana

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This page and front cover: Elk Grove Civic Aquatics Center, City of Elk Grove “The Elk Grove Aquatics Center off ers the fi rst new public pools in Elk Grove in more than a decade and the fi rst 50-meter pool in the city. It expands on the high-quality aquatic facilities available in Elk Grove and provides more water for local, regional, and even statewide competitions, which is good for our kids, good for our quality of life, and good for our local economy.”
– Steve Ly, Mayor, City of Elk Grove

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+ table of contents
Elk Grove Civic Aquatic Center, City of Elk Grove, CA

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table of contents

1. + statement of qualifications
1a + cover letter
1b + contract agreement statement
1c + firm and team experience
1d + understanding of need
1e + relevant project experience
1f + references

2. + scope of services and schedule
2a + scope of services
2b + schedule
3 + fee proposal
4 + certifications
Elk Grove Civic Center Master Plan

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“The City of Redwood City has had the true pleasure of working closely with ELS Architecture + Urban Design on a wonderful and complicated design project over the past three years. The very unique public/non-profit partnership between the City of Redwood City and the YMCA of Silicon Valley, and the corresponding intergenerational recreation facilities, are a model for the country. We could not recommend a firm more ready to deliver on a project design than ELS.”
- Chris Beth, Director, Parks, Recreation and Community Services Department, City of Redwood City “

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changing
1 South Oxnard Aquatic Center, City of Oxnard, CA
+ statement of qualiﬁ cations
1 City Council
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“
In having this state-of-art enclosed diving dryland facility and aquatic center, USC student-athletes now have advantages in training that put us in competition with other elite universities around the world.”
- Hongping Li, Head Diving Coach, University of Southern California “

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1a
+ cover letter
USC Uytengsu Aquatic Center, Los Angeles, CA
1a

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“The renovation on the Aquatic Center has brought the venue back up to the state-of-the-art showpiece that was the 1984 Olympic Games venue.

The history of USC Swimming and Diving in the Olympics deserves a facility that captures that tradition of excellence and exuberance. Our athletes have risen to an even higher level with the enhanced aesthetics that this renovation provides, and the spectator experience is one of the best in NCAA competition.”
– David C. Salo, PhD, Head Coach, Men’s and Women’s Swimming, University of Southern California

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1a. Cover letter
SACRAMENTO | 916.301.4411
800 Howe Avenue, Suite 330
Sacramento, CA 95825
LOS ANGELES | 213.348.1155
950 S. Grand Avenue, Suite 400
Los Angeles, CA 90015
BERKELEY | 510.549.2929
2040 Addison Street
Berkeley, CA 94704
The els+swa team is pleased to submit our qualifications and proposal for the Park Master Plan and New Aquatics Facility at Memorial Park. ELS Architecture and Urban Design and SWA Group – els+swa – have collaborated on award-winning designs for more than 35 years and are poised to bring their robust combination of experience and knowledge to a Master Plan of Memorial Park’s East End and the reimagination of a new Memorial Park Aquatics Center. The collaborative design work of els+swa has resulted in a combined investment exceeding $750MM in multiple communities throughout California and beyond.

For this assignment, ELS will serve as the prime consultant and Architect-of-Record for the aquatic center and SWA will serve as the Landscape Architect-of-Record for the Memorial Park East End Master Plan.

Through their two firms, Clarence D. Mamuyac, Jr., FAIA, LEED AP BD+C, of ELS and Stephen Rydzon, ASLA, PLA, of SWA, have enjoyed vibrant professional collaborations spanning multiple decades, executing parks and recreation master-planning and aquatic center design services for several municipalities. T ogether, these have included the cities of Elk Grove, Oxnard, Redwood City, Mountain View, Millbrae, Santa Clara, and South San Francisco, and the public-education entities of the Santa Rosa Junior College District, the San Mateo County Community College District, and the Marin Community College District.

Our two firms are currently in a major collaboration with East Los Angeles College – for a new home of the Huskies, currently a part of the Netflix docuseries, Last Chance U.

Clarence and Stephen look forward to bringing this experience to the City of Santa Ana.

The els+swa team is uniquely qualified to partner with the City of Santa Ana, Santa Ana Public Works’ Division of Parks and Recreation, and the multiple and diverse stakeholder groups who enjoy and rely on Memorial Park and Pool as an important social gathering place of leisure, wellness, sports, and recreation. We are highlighting six key characteristics of our team:
• Award-Winning Landscape Architecture and Park Master Plans throughout Southern California: SWA is recognized nationally and internationally for design excellence. The swa award-winning portfolio includes, in addition to our projects as els+swa such as the recently opened Elk Grove Commons and Aquatics Center, the following notable Southern California projects: The Irvine Great Park, the Jeffrey Open Space, the Ontario Great Park, the Ricardo Lara Linear Park and the T errmor Rec Center. SWA looks forward to bringing this experience to the Memorial Park, East End master planning process. • California Community Design Leaders in Aquatics, Wellness and Recreation Architecture: els has a nationally recognized portfolio of architecture and design, including 200+ awards for design excellence and a place among the prestigious ARCHITECT 50, a listing of the top 50 architecture firms in the United States for Design, Business and Sustainability. In addition to work performed as els+swa, ELS has a portfolio including the AIA award-winning LEED Silver East Oakland Community Recreation and Aquatics Center; the Morgan Hill Aquatics Center, the first LEED Silver aquatics center in the United States; and three top-five NCAA centers for competitive swimming, water polo and diving at the University of Southern California, Stanford University, and UC Berkeley. With this experience as our guide, we will generate a series of comprehensive aquatic center design ideas that embrace the aquatics need and explore ways of further enhancing the plan for Memorial Park.
• Proven Community Engagement and Consensus Building Process: els+swa, in concert with City of Santa Ana leadership, will customize our proven outreach and workshop process to the needs of this effort. We use a combination of Consensus Building Community Workshops and Community Based Social Marketing (CBSM) techniques to remove any barriers to maximum community participation – especially critical during post-pandemic times and in communities where English and Spanish are spoken. T o further strengthen communication during this process, the els+swa team has a contingent of Spanish-speaking designers ready to assist with engagement. Our team also brings significant resources in the form of stakeholder mapping data, media and communications relations, and a familiarity with Memorial Park and the surrounding neighborhood context. We look forward to tailoring our proven outreach and consensus building process to fit the exact needs and scope for Santa Ana.
• CEQA/NEPA Experience with the City of Santa Ana: The els+swa team will engage with Rincon Consultants, who bring significant knowledge of Santa Ana through work on-call services with the City of Santa Ana, specifically Rincon’s work with Santa Ana’s Community Development Agency, the Westview Housing Project IS-MND and the Cabrillo Mixed-Use T own Center. And finally, els+swa has worked closely with Rincon on our South Oxnard Aquatic Center for both CEQA and NEPA analysis; NEPA is required for application to Build Back Better Act funding, similar to the requirements that are identified for the Memorial Park funding via the American Rescue Plan Act (ARPA). We are also collaborating with Rincon on City of Berkeley assignments under Measure TT , a city-wide bond for parks and recreation infrastructure improvements, and on a new community aquatics center for the City of Piedmont. els+swa and Rincon can tap the significant body of knowledge on issues and jurisdictions impacting Memorial Park and its aquatic center’s reimagination, while reading the “temperature” of immediate neighbors who seek a voice in developing the project’s Master Plan.

City of Santa Ana
Public Works Agency; M-22
20 Civic Center Plaza, Ross Annex
Santa Ana, CA 92701
Attention: Suzi Furjanic
SUBJECT: RESPONSE TO REQUEST FOR PROPOSAL (RFP) ARCHITECTURAL DESIGN SERVICES FOR PARK MASTER PLAN & NEW AQUATICS FACILITY AT MEMORIAL PARK - RFP NO.: 23-061
June 7, 2023

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• Experienced and Successful Team: els+swa proposes a core team of architects, landscape architects, designers and engineers that can provide the vision, leadership, and technical skills required to gauge the opportunities of each site and realize City of Manhattan Beach goals.

Our key members are: Clarence D. Mamuyac, Jr., FAIA, LEED AP , BD+C (Principal-in-Charge/Project Manager - ELS); Stephen Rydson, ASLA (Principal for Park Master Planning – SWA), Kim-Van Truong, AIA, LEED AP BD+C (Project Architect - ELS); Kenneth Hasegawa, AIA (Design Principal - ELS); Dana Vollmer-Grant, Assoc. AIA, WELL AP , 5X Olympic Gold Medalist, CBSM (Aquatics Programming Specialist – ELS); Chris Anderson, ASLA (Project Landscape Architect – SWA); and Beckie Denio, AIA, LEED AP (Sr. Construction Administrator – ELS). Each person can draw on prior successful collaborations that achieved planning and design excellence for multiple municipalities, particularly aquatic, recreation, and wellness projects with complex programs on challenging sites. Joining this core team: Aquatic Design Group (Aquatics); KPFF (Civil); John A. Martin and Associates (Structural), Guttmann and Blaevoet (Mech/Elect/Plumb/ Fire Protection) and Mack5 (Cost Estimating), all of whom have shared in els+swa’s 35-year portfolio of collaboration.

For several decades, Memorial Park neighborhood residents and visitors have enjoyed the 17-acre Memorial Park and Pool through softball and baseball games, soccer, basketball, volleyball, picnicking, swimming, and perhaps car club events. Whether providing space for a solitary stroll or hosting an age-group swimming meet, water polo match, or USA Masters’ event, Memorial Park can do it all. It is, quite simply, an extraordinary neighborhood asset. The addition of a new community aquatics center will create new and enhanced engagements with all the park has to offer. It will create new pedestrian and bike system linkages throughout the park, reinforce the park as a living memorial, and augment the Roberto Del Hoyo mural, the stage, the beautiful mature trees, and inviting lawn areas.

Memorial Park is set to realize a dream for the neighborhood and Santa Ana, a transformation that will keep Memorial Park as a community treasure in this century and beyond.

We will look forward to your next steps. Should you require any additional information or have any questions, please do not hesitate to contact Clarence at our Los Angeles Office, 213.348.1155, by mobile phone at 510.684.1159, or at [email protected].

Respectfully Submitted,
els+swa

Clarence D. Mamuyac, Jr., FAIA, LEED AP BD+C
President/CEO, Lead Principal and Project Manager
ELS Architecture and Urban Design
Stephen Rydzon, ASLA, PLA
Principal, Park Master Planning Leader
SWA Group

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1b
+ contract agreement statement
Concept for Irvine Great Park, City of Irvine, CA
1b

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1b. Contract Agreement Statement
At this time, ELS concurs with provisions contained in the Agreement included with the RFP, Attachment 2 of the RFP Appendix.

Illustrative Plan for Irvine Great Park, Irvine, CA

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After careful deliberation, the selection committee unanimously determined that ELS was the most qualified for the project. ELS has completed many successful private and public aquatics center projects and demonstrated a consistent ability to meet the operational needs of their clients.

Also, ELS demonstrated the greatest depth of understanding of the City’s needs for the project.”

- David Printy, AIA, Senior Project Manager, City of Mountain View “

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1c
+ ﬁ rm and team experience
Rengstorff Park Aquatic Center, City of Mountain View, CA 1c

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1c. Firm and Team Experience
els+swa
ELS Architecture and Urban Design and SWA Group (els+swa) have collaborated on award-winning designs for more than 35 years and are poised to bring their robust combination of experience and knowledge for a significant Memorial Park East End Master Plan and Reimagined Aquatics Center. Our collaborative design work has resulted in a combined investment exceeding $500MM in multiple communities throughout California. ELS will serve as the prime consultant for the els+swa association. els+swa will tap our two firms’ extraordinary resources, which include a suc- cessfully deployed and tested community engagement process throughout multiple California communities, and a multilingual, talented design team whose key staff are familiar with one another through similar projects. These factors together will ensure that the feedback generated by our community outreach process is comprehensively and considerately incorporated into the Memorial Park Master Planning and Aquatic Center Conceptual Design Process.

ABOUT ELS
ELS is an award-winning architectural practice with a 50-year tradition in de- sign for the public realm. A recipient of the prestigious AIA California Council Firm Award, ELS has been included in the Architect 50 for five consecutive years and in Architectural Record’s T op 300 Architecture Firms for 2022. We specialize in a diverse array of project types including aquatics, recreation, fitness and wellness facilities; historic renovation and adaptive reuse; cul- tural and entertainment venues; and retail, mixed use and urban design. We provide complete architectural services, from programming and conceptual design through construction administration and post-occupancy evaluation.

We have extensive experience in the design and construction of award-win- ning aquatic facilities. These include the LEED Silver-certified East Oakland Sports Center for the City of Oakland, the LEED Gold-certified Cañada Col- lege Kinesiology and Wellness Center, the Berkeley High School Natatori- um for the Berkeley Unified School District, the LEED Silver-certified Mor- gan Hill Aquatics Center for the City of Morgan Hill, the Dolores Bengtson Aquatic Center for the City of Pleasanton, and the Elk Grove Civic Aquatic Center for the City of Elk Grove. Our portfolio also includes world-class competition venues for three top-ranked NCAA programs: the Uytengsu Aquatics Stadium for the University of Southern California, the Avery Aquat- ic Center and Maas Family Diving Complex for Stanford University, and the LEED Silver-certified Legends Aquatics Center for UC Berkeley. We are also redesigning the George F . Haines International Swim Center in San- ta Clara, one of the premier competitive aquatics venues in the U.S. and one of the selected sites for USA Swimming’s Arena Grand Prix Series; the new facility includes several community recreation features and is targeting LEED Platinum.

ABOUT SWA
For over six decades, SWA has been recognized as one of the world’s design leaders in the fields of landscape architecture, planning and urban design. Their projects have received over 800 awards and have been showcased in over 60 countries. Their principals are among the industry’s most talented and experienced designers and planners. Emerging in 1959 as the West Coast office of Sasaki, Walker and Associates, the firm first assumed the SWA Group name in 1975. Despite being one of the largest firms of its type in the world, SWA is organized into smaller studio-based offices that enhance creativity and client responsiveness. Over 75 percent of SWA work has historically come from repeat clients. In addition to bringing strong aesthetic, functional, and social design ideas to their projects, they’re also committed to integrating principles of environmental sustainability. At the core of their work is a passion for imaginative, solution-oriented design that adds value to land, buildings, cities, regions, and to people’s lives.

EXPERIENCE WITH CONSTRUCTION MANAGER AT RISK
(CMAR) PROJECT DELIVERY METHOD
ELS Architecture and Urban Design, of els+swa, has 40+ years of successful collaboration, totaling $500MM+ in construction value, with general contractors on a range of CM project delivery types including CM at Risk, CM-Design Assist, CM-LEAN, CM-Design Assist/Donor Development Delivery-P3, and Design/Build. Several of our projects have fallen within one of these delivery models on both municipal and higher education projects. Some of our general contractor collaborators and partners include Bernards, Turner, Rudolph and Sletten, Pankow, Swinerton, Vance Brown Builders, Blach Construction and Kitchell.

Following are some representative CMAR and CM projects delivered:
• For the City of Oakland, we completed the East Oakland Sports Center, which was honored by AIA San Francisco and AIA East Bay for design excellence, and was delivered under a CMAR model. The $20MM LEED Silver certified project was a collaboration with Turner Construction.
• For the University of California, Berkeley, we teamed with Vance Brown Builders for a two-phase Legends Aquatic Center and a major expansion to the existing Spieker Aquatics Stadium. Phase I, the $20MM California Legends Aquatic Center was honored by the AIA East Bay for design excellence. The Legends Aquatic Center was delivered under a CMAR process.
• For Stanford University, our collaborative efforts with Vance Brown Builders, under a CMAR delivery process, led to six award-winning projects, including the renovation of the historic Burnham Pavilion, the Ford Center for Sports and Student Recreation, the T aube Family T ennis Stadium, the Avery Aquatic Center and Maas Diving Center, and renovations to Maples Pavilion.
• For the City of Santa Clara, we are currently teamed with Rudolph & Sletten on a $100MM+ project that includes the re-visioning and re-building of the International Swim Center (ISC) and the Community Recreation Center (CRC). The ISC and CRC combine to provide four pools (a pair of 50M competition pools, a dive pool, and a recreation/fun-water pool) and 120,000 square feet of community recreation facilities including a gymnasium, cardio area, indoor track, rock-climbing wall, theater, community hall, and several multipurpose activity rooms. The project is positioned for a Public/ Private/Partnership delivery as a Design/Build/Finance/Operate/ Maintain (DBFOM) project.
• For the State Center Community College District, we complet- ed a $40MM historic renovation and seismic upgrade of the Old Administration Building at Fresno City College, which was one of the country’s first junior colleges and was the first college in Cali- fornia’s Community College system. ELS led a programming effort that repurposed the historic building into a state-of-the-art teaching facility for both lectures and distance learning, as well as a show- piece for performing arts. The project was delivered under a CM/ Multiple Prime format. ELS collaborated with Kitchell (as Bond Pro- gram Manager for the District) on this extraordinary project, which was honored by the AIA California Council, SCUP/AIA-CAE and the National Trust for Historic Preservation for design and preservation excellence. The Construction Manager for our project was Harris Construction.

For additional information about our approach to collaboration in proj- ects delivered via CMAR, please see Tab 1d.

City Council
23 –
43 8/15/2023

CEQA/NEPA
Civil Engineering
Deanna Hansen
CEQA/NEPA Consultant
Rincon
Danny Munsterman, PE
Civil Engineer
KPFF
Structural
Mechanical – Electrical – Plumbing
Kal Benuska, SE
Structural Engineer
John A. Martin & Associates
Gurdaver Singh, PE
Mechanical Engineer
Mechanical/Electrical/Plumbing/Fire Protection/Low Voltage Guttmann & Blaevoet
Aquatics
Expense & Revenue Analysis
Dennis Berkshire
Pools Consultant
Aquatic Design Group
Matt Kowta
Operations: Expense and
Revenue Analysis
BAE Urban Economics
Fire, Life, Safety
Accessibility
Steven Winkel, FAIA
Building Code
Preview Group
Construction Cost
Estimating
Cynthia Madrid, PE
Cost
Mack 5
Memorial Park Community of Users
Aquatics, Recreation, Cultural and Arts
Stakeholder Groups
Stephen Rydzon
PLA, ASLA
Landscape Architect + Park Planner
Park Master Planning Leader for
Memorial Park
Principal
SWA
Dana Vollmer-Grant
Assoc. AIA,
WELL AP , CBSM
5X Olympic Gold Medalist
Aquatics Programming Leader
Associate
ELS
Kim-Van Truong
AIA
LEED AP BD+C, Assoc. DBIA
Project Architect for Aquatic Center
Principal
ELS
Kenneth Hasegawa
AIA
Lead Designer for Aquatic Center
Principal
ELS

CONSULTANTS
Clarence D. Mamuyac, Jr.

FAIA
LEED AP BD+C
Project Manager – Point of Contact
Director Community Design Portfolio
President/CEO
ELS
ELS Firm Diversity + JUST Organization
ELS is a minority-owned business, and our ownership includes both minority and women partners as well as management at senior levels. ELS is the very fi rst organization in California to be named a JUST 2.0 organiza- tion by the International Living Future Institute; the JUST label represents our commitment to social equity, transparency, and diversity in our practice. With our diverse staff of designers, we are committed to diversity in our business practices particularly as it reﬂ ects the communities that we serve.

City Council
23 –
44 8/15/2023

[email protected]
Clarence D. Mamuyac, Jr., FAIA, LEED AP BD+C
Clarence D. Mamuyac, Jr. serves as President/CEO of ELS. He joined ELS in 1983 and brings over 30 years of experience in community, recreation, sports, aquatics, and education projects to his assignments. Clarence is a national leader in sports and recreation design, and he has a strong interest in assisting and guiding complex client groups through a process of workshops and engagement that helps them achieve clear direction and decision-making power through a transparent, consensus-based building process. Clarence’s portfolio includes award-winning community design projects for dozens of municipalities throughout California including Elk Grove, Oakland, Santa Clara, Morgan Hill, and Fremont, as well as venues for some of the best known schools in the PAC 12 conference — UC Berkeley, Stanford University, and USC.

Clarence has presented at national conferences for Athletic Business and the National Intramural and Recreational Sports Association (NIRSA), and he is a visiting critic for architecture studios for UC Berkeley and California Polytechnic State University, San Luis Obispo. He is a regular lecturer and panelist at UC Berkeley, and has been a guest lecturer at the University of San Francisco School of Management. Clarence has been a return guest on The Modern Architect, a program of Stanford University’s KZSU. As President/CEO, he has led the fi rm to a consistent presence over the past several years among the Architect 50, which ranks the nation’s top fi rms for Design, Sustainability and Business. His work has been published in Architectural Record, Progressive Architecture, and Architect, and his projects have been honored by the AIA, Athletic Business, and CPRS.

RELEVANT PROJECTS
• South Oxnard Aquatics Center | City of Oxnard
• East Los Angeles College Aquatics Center Concept | Monterey Park, CA • Balboa Park Pool | City & County of San Francisco
• Canyonview Aquatic Center | University of California, San Diego • Uytengsu Aquatics Center | University of Southern California • Orange Memorial Park Aquatic Center | City of South San Francisco • Piedmont Community Aquatic Centerl | City of Piedmont • Elk Grove Civic Aquatics Center | City of Elk Grove
• Cañada College Wellness & Aquatics Center | San Mateo County CCD • Legends Aquatic Center | University of California, Berkeley • Rengstorff Park Aquatics Center | City of Mountain View • College of Marin New Miwok Recreation and Aquatic Center | Marin CCD • North Portland Aquatic Center | City of Portland
• International Swim Center & Swimming Hall of Fame | City of Santa Clara • East Oakland Aquatics Center | City of Oakland
• Avery Aquatic Center | Stanford University
• Ford Center for Recreation/Burnham Pavilion | Stanford University • Berkeley High School Aquatic Center | Berkeley Unifi ed School District • VillaSport Athletic Clubs & Spas | California, Oregon, T exas • Redwood City Senior Center & Aquatics Facility | City of Redwood City • City Aquatic Center | City of Alameda
• Morgan Hill Aquatics Center | City of Morgan Hill
• Wally Pond Irvington Community Center | City of Fremont • Addison-Penzak JCC Aquatic Center | Los Gatos, CA
• Osher Marin JCC Aquatic Center | San Rafael, CA

EDUCATION
M. Architecture with
Distinction, UC Berkeley
AB with majors
in Architecture &
Landscape Architecture,
UC Berkeley
Thomas D. Church
Design Competition –
First Prize
UC Berkeley CED

PROFESSIONAL

REGISTRATION
California Architect
License C 19182
California Landscape
Architect License 3617

AFFILIATIONS/

ACHIEVEMENTS
Chair, Dean’s Advisory
Council, UC Berkeley
CED
Fellow, AIA
John S. Bolles, FAIA
Fellow, AIA California
TIME ON PROJECT
85% Phase I
50% Phase II
PROJECT MANAGER / PRINCIPAL IN CHARGE
[email protected]
Steve Rydzon, PLA, ASLA
PRINCIPAL LANDSCAPE ARCHITECT AND PARK MASTER PLAN LEADER Steve Rydzon is a Principal at SWA Group in Laguna Beach. Steve is an integral team member who successfully manages a variety of complex projects through all phases. His background as an artist, sculptor, photographer, and product designer, along with his extended education in natural and cultural history, help inform his designs — and his background in construction and fabrication helps bring those designs to reality. Steve’s design focus is to bring authenticity to projects through contemporary exploration of a site’s cultural and natural history, while a concentrating on site-specifi c form and the ephemeral qualities of movement, growth, light, and shadow. He has managed a wide variety of projects around the world, from small art installations to multidisciplinary, large-scale civic projects. His background in landscape construction provides solutions in both the management and documentation of projects.

EDUCATION
Bachelor of Science,
Landscape Architecture,
Colordao State University

PROFESSIONAL

REGISTRATION
California Professional
Landscape Architect,
License #6038

AFFILIATIONS
American Society of
Landscape Architects
TIME ON PROJECT
85% Phase I
50% Phase II

City Council
23 –
45 8/15/2023

[email protected]
Kim-Van Truong, AIA, LEED AP BD+C, Assoc. DBIA
PROJECT ARCHITECT
Kim-Van Truong is a Principal at ELS. She joined ELS in 2007 and has worked on a variety of projects, including recreational and aquatics, college and university, performing arts, retail, and master planning on project phases from Schematic Design to Construction Documents and Construction Administration. Kim is currently managing the City of Piedmont’s new Community Pool and the City of South San Francisco’s new Aquatic Center. She also served in the same capacity of the newly opened College of Marin New Miwok Center and the Rengstorff Park Aquatics Center for the City of Mountain View which is currently under construction.

Kim has experience in leading projects that have obtained LEED certifi cation and has a strong commitment to creating healthy environments for building users.

RELEVANT PROJECTS
• Orange Memorial Park Aquatic Center | City of South San Francisco • Elk Grove Civic Aquatic Center | City of Elk Grove
• Piedmont Community Pool | City of Piedmont
• Balboa Park Pool and Renovation | City and County of San Francisco • Cañada College Wellness & Aquatics Center | San Mateo County CCD • Rengstorff Park Aquatics Center | City of Mountain View • New Miwok Center | College of Marin | Novato, CA
• International Swim Center & International Swimming Hall of Fame | City of Santa Clara
• East Oakland Sports Center and Natatorium | City of Oakland • Santa Rosa Junior College KAD Precinct | Sonoma County CCD • Legends Aquatic Center | UC Berkeley | Berkeley, CA
• Uytengsu Aquatics Center | University of Southern California • T ennis Complex | University of the Pacifi c | Stockton, CA • Pioneer Pavilion | CSU East Bay | Hayward, CA
• Herbst Natatorium Proposed Improvements | San Francisco, CA • Hellman T ennis Complex | UC Berkeley | Berkeley, CA
• Mental Health Services Offi ces Renovation | Berkeley, CA • Mueller T own Center | Austin, TX
• Hillsdale Shopping Center Redevelopment | San Mateo, CA • Santa Rosa Plaza Renovation | Santa Rosa, CA
• Las Montanas Marketplace | Indio, CA
• Downtown Summerlin | Las Vegas, NV
• Tuscon Mall Expansion & Renovation | Tuscon, AZ

EDUCATION
Bachelor of Arts in
Architecture, UC Berkeley

PROFESSIONAL

REGISTRATION
California Architect
License C 35874

AFFILIATIONS
Board of Directors,
American Institute of
Architects East Bay, 2017
Secretary/Treasurer,
American Institute of
Architects East Bay, 2018-
19 LEED BD+C Accredited
Professional
Member, AIA
Member and Associate,
Design Build Institute of
America
TIME ON PROJECT
90% Phase I
90% Phase II
[email protected]
Kenneth Hasegawa, AIA
Kenneth is a Principal at ELS and returned to the fi rm to launch our San Diego offi ce in 2023, working with the fi rm’s leadership and talent to broaden the fi rm’s coverage on California assignments and add to the fi rm’s design voice and dialogue.

Kenneth is an architect with a multifaceted approach to form and place — one that balances the unique qualities of each project’s context with simple and elegant design solutions. He fi rst joined ELS in 2012, and collaborated on the fi rm’s notable projects such as the UC Berkeley Legends Aquatic Center, USC Uytengsu Aquatics Center, and Hillsdale Shopping Center.

Before rejoining ELS, he helped shape prominent cultural, multi-use and residential projects at Michael Maltzan Architecture in Los Angeles; Kengo Kuma & Associates in T okyo; and PARA Project in New York.

RELEVANT PROJECTS
• USC Uytengsu Aquatics Center | Los Angeles, California • UC Berkeley Legends Aquatics Center | Berkeley, California • UC Berkelely Hellman T ennis Complex Upgrade | Berkeley, California • Hillsdale Shopping Center | San Mateo, California
• Fremont Indoor Sports Center | Fremont, California
• Mueller T own Center | Austin, T exas
• Mo’ili’ili Gateway | Honolulu, Hawaii
• Hammer Museum Renovation - Phase 5 | Los Angeles, CA* • Alexander McQueen Exhibit at LACMA | Los Angeles, CA* • Stump House | Ben Lomond, CA*
*Project performed outside of ELS

EDUCATION
Master of Architecture
with Distinction, Harvard
Graduate School of
Design
Bachelor of Arts in
Architecture with Highest
Honors, UC Berkeley
College of Environmental
Design

PROFESSIONAL

REGISTRATION
California Architect
License C 40341
AWARDS AND

RECOGNITION
Araldo A. Cossutta Prize
for Design Excellence,
2018, Harvard Graduate
School of Design
TIME ON PROJECT
90% Phase I
75% Phase II
DESIGN PRINCIPAL

City Council
23 –
46 8/15/2023

[email protected]
Dana is ELS’ Aquatics Programming Specialist and an Associate. She brings a wealth of experience in aquatics as one of the most gold-medaled female USA Olympians of all time, with fi ve Olympic gold medals. At ELS, Dana works with clients on design ideas to fi t their specifi c athletic programming needs. For aquatic centers that will hold competitions, she draws on her past to work through swim meet diagrams that optimize deck space, pedestrian traffi c, and usability while incorporating the lesser-known traits that make any facility a favorite for competitors of all calibers. As a mom, she also has user insight into many fun water pools, swim lesson facilities, and youth swim teams that she uses to help design facilities that can cover a wide programming spectrum.

Dana’s Olympic career began in 2004 at the Athens Olympics, where she won gold as part of the world record-setting 4x200-meter freestyle relay. In 2012 she won three gold medals while setting two world records at the London Olympics. At the 2016 Olympics in Rio, she won bronze in the 100-meter butterfl y, silver and an American Record in the 4x100-meter freestyle relay, and gold in the 4x100-meter medley relay. Her gold in the 2016 Olympics is the USA Swimming’s fi rst ever gold medal won by a mother.

RELEVANT PROJECTS
• South Oxnard Aquatics Center | City of Oxnard
• Orange Memorial Park Aquatic Center | City of South San Francisco • City Aquatic Center | City of Alameda
• Rengstorff Aquatics Center | City of Mountain View
• Piedmont Community Pool | City of Piedmont
• North Portland Aquatic Center | City of Portland
• Redwood City Senior Center & Aquatics Facility | City of Redwood City • Canyonview Aquatic Center | University of California, San Diego • Cañada College Wellness & Aquatic Center | Redwood City, CA • College of Marin New Miwok Recreation and Aquatic Center | Marin CCD • Addison-Penzak Jewish Community Center Aquatic Center | Los Gatos, CA • Osher Marin Jewish Community Center Aquatic Center | San Rafael, CA PUBLIC SPEAKING
• Keynote speaker at the Association of Aquatic Professionals Conference 2023 • Keynote Speaker at the Women In Negotiation (WIN) Summit 2021 • Keynote speaker for multiple fundraising luncheons, ranging in size from 10–100+ attendees
• Speaker at the World Aquatic Development Conference hosted by the Swedish Center for Aquatic Research | 2014
• Speaker at TEDx San José | 2012
• Numerous media interviews and engagements, including press conferences and appearances on major television broadcasts
• Winter commencement speaker for UC Berkeley | 2016

EDUCATION
B.S., UC Berkeley

PROFESSIONAL

SWIMMING
3x Olympian
representing the United
States (2004, 2012,
2016)
7x Olympic medalist:
5 gold, 1 silver, and 1
bronze
35 international medals
Competed in 100+
diff erent aquatics
facilities in 17 diff erent
countries
TIME ON PROJECT
30% Phase I
20% Phase II
Dana Vollmer-Grant, Assoc. AIA, WELL AP, CBSM
AQUATICS PROGRAMMING SPECIALIST
[email protected]
Jose Rodriguez
PROJECT DESIGNER
Jose joined ELS in 2021 as a Designer. He has worked on a variety of projects including the South Oxnard Aquatics Center, the South San Francisco Orange Park Aquatics Center, the East Los Angeles Community College Aquatic Center Concept, and the Foster City Recreation Community Facility Concept. He had previously interned at ELS while studying at UC Berkeley.

Jose’s graphic communication skills include creating professional renderings, 3D models, inspiration boards, and visual communication diagrams. He uses Revit and the Adobe suite in his support of the marketing team on project pursuits. He also draws on his fl uency in Spanish to communicate eff ectively with a wider audience.

He has also been a key member on the South Oxnard aquatic center project, where he is responsible for all Spanish communications with the community.

RELEVANT PROJECTS
• South Oxnard Aquatics Center | Oxnard, CA
• East Los Angeles College Aquatics Center Concept | Monterey Park, CA • North Portland Aquatic Center | Portland, OR
• Oakland YMCA Locker Room | Oakland, CA
• Piedmont Community Aquatic Center | Piedmont, CA
• Foster City Recreation Community Facility Concept | Foster City, CA • Orange Memorial Park Aquatics Center | South San Francisco, CA • UC Berkeley Eshelman Hall Wudu | Berkeley, CA

EDUCATION
Bachelor of Arts,
Architecture, UC Berkeley

AFFILIATIONS/

ACHIEVEMENTS
The Achievement
Award Program (TAAP)
Scholarship (Awarded
by The University of
California, Berkeley)
Hispanic Scholarship
Fund Scholarship
(Awarded by The
Hispanic Scholarship
Fund)
dfi [email protected]
Diana Fierro Gonzalez
PROJECT DESIGNER
Diana is learning at ELS as an Intern while she studies architecture at Cal Poly San Luis Obispo. Fluent in Spanish, she has been involved in the community engagement and design process on the North Portland Aquatic Center (NPAC) and the Piedmont Community Aquatic Center. On NPAC, she developed several design and communications tools to facilitate the project’s crucial community engagement process, which was executed in both Spanish and English. For our Piedmont work, she worked with non-profi ts to develop fundraising collateral for a $1.5MM campaign to complete the project’s Hillside Park component.

RELEVANT PROJECTS
• Piedmont Community Pool | Piedmont, CA
• North Portland Aquatic Center | Portland, OR
• Four Seasons Resort Peninsula | Papagayo, Costa Rica* • Desire Riviera Maya Resort |Cancun, Mexico*
• City Historic Design Guidelines and Architectural Styles Catalog | Brownsville, TX* *Project performed prior to joining ELS

EDUCATION
Candidate, Bachelor of
Arts, Architecture, Cal
Poly San Luis Obispo

ACHIEVEMENTS
Recipient, Herbert E.

Collins Scholarship Fund
Endowment, Cal Poly
Featured in Leaders of
T omorrow, Connections
Magazine, Spring 2021
Issue

City Council
23 –
47 8/15/2023

[email protected]
Chris Anderson
LANDSCAPE PROJECT MANAGER
Chris Anderson is an Associate at SWA Group in Laguna Beach. A Southern California native and Associate in SWA’s Laguna Beach studio, Chris’s love of being and creating outdoors led him to landscape architecture. Placemaking strategies that are informed by and respond to both the ecological and cultural conditions of the site, while maintaining the art of storytelling, are key interests of his. He maintains that eff ective design is humble and seeks to listen, observe, and respond to the needs of the community, cultures, and surrounding natural ecological systems. As designers, we have the responsibility to create meaningful places that are informed by these matters and, in turn, off er tangible solutions that are further promoted by members of the community. Chris’s experience encompasses design and project management for a variety of project types in both the public and private sectors. .

RELEVANT PROJECTS
• San Clemente Parks Concept Plans | San Clemente, CA
• Ontario Great Park | Ontario, CA
• 3Roots Wonder Park | San Diego, CA
• 3Roots Wellness Park | San Diego, CA
• 3Roots Wisdom Park | San Diego, CA
• Parnell Park | Whittier, CA
• Northwest Open Space Park | San Juan Capistrano, CA
• Kaplan Neighborhood Park | Ontario, CA
• Civic Center Oso Creek Park & Plaza | Mission Viejo, CA • Greenleaf Avenue Promenade | Whittier, CA
• Martinez Waterfront Marina Master Plan | Martinez, CA • River Street Marketplace | San Juan Capistrano, CA
• Rodeo 39 Public Market | Stanton, CA
• Woodbridge Village Center Plaza | Irvine, CA
• Uptown Whittier Streetscape Beautifi cation Plan | Whittier, CA • Woodbine Master Plan | T oronto, ON
• Grapevine at T ejon Ranch Master Plan | Kern County, CA • Heritage Barbecue & Capistrano Brewery | San Juan Capistrano, CA

EDUCATION
Bachelor of Science,
Landscape Architecture,
California State
Polytechnic University,
Pomona

AFFILIATIONS
American Society of
Landscape Architects
TIME ON PROJECT
80% Phase I
80% Phase II
Beckie Denio, AIA, LEED AP
PROJECT ARCHITECT/SR. CONSTRUCTION ADMINISTRATOR

EDUCATION
Bachelor of Architecture,
University of Kansas

PROFESSIONAL

REGISTRATION
California Architect
License C 29117
TIME ON PROJECT
20% Phase I
95% Phase II
[email protected]
Beckie joined ELS in 2022 and is a Senior Associate. She has over twenty years of project experience in a rich variety of work including municipal and community aquatics and recreation, libraries, commercial, multi-family, and mixed-use retail.

Beckie has been a licensed California architect since the late 1990s, receiving her LEED AP accreditation only a few years later. Current projects include construction administration on the Piedmont Community Pool.

Since joining ELS, she has enjoyed helping the fi rm expand its sustainability practices.

A strong believer in the power of mentoring, she is readily available to ELS’ younger designers seeking guidance. Beckie most enjoys working on community-oriented projects that fulfi ll a need while refl ecting the user group’s vision of a successful future.

RELEVANT PROJECTS
• Piedmont Community Pool | City of Piedmont
• Willard Park Community Center | Berkeley, CA
• Fremont Bank Headquareters | Fremont, CA
• Solano Community College Library/Learning Resource Center | Fairfi eld, CA • Diablo Valley College Campus Expansion | San Ramon, CA • UC Press Building | Berkeley, CA
• Tustin Library | Tustin, CA*
• The Blake (Multifamily residential) | Berkeley, CA*
• 2817 8th Street T ownhomes | Berkeley, CA*
• Palladio at Broadstone, Buildings 150 & 200 | Folsom, CA* • Northridge Mall Convenience Center | Salinas, CA*
• The Shops on El Paseo | Palm Desert, CA*
• South Shore Center, Building 100 & Otis Street Entrance | Alameda, CA* • Streets of T anasbourne | Hillsboro, OR*
• The Shops at Riverwoods | Provo, Utah*
*Project performed prior to joining ELS

City Council
23 –
48 8/15/2023

[email protected]
Deanna Hansen
ENVIRONMENTAL PRINCIPAL-IN-CHARGE
Deanna has over 30 years of experience in environmental consulting and has contributed to a wide variety of residential, commercial, and industrial projects. She has developed a well-balance expertise in environmental compliance for a variety of development projects in addition to remediation projects, specializing in CEQA/ NEPA compliance. She has developed a level of understanding required to clearly explain technical concepts and issues for public comprehension, particularly for projects that include complex technical analyses and controversial public policy and planning issues. As a Principal with Rincon, Ms. Hansen provides strategic guidance, project oversight, workload and personnel management, training, and serves as a client and agency liaison for projects located throughout California.

Her major clients include state agencies, cities/counties throughout California, ports, developers of residential, commercial, industrial, and mixed-use projects, major hospitals, museums and other cultural organizations, primary and secondary educational facilities. In addition, Ms. Hansen has developed sound working relationships with many state and local agencies along with a solid understanding of their practices, procedures, and preferences..

RELEVANT PROJECTS
• City of Santa Ana – Community Development Agency | Santa Ana, CA • City of South Pasadena - On-call Planning and Entitlement Review Services | South Pasadena, CA
• City of Long Beach - On-call, Planning & Aff ordable Housing Consultant Services | Long Beach CA
• Housing Authority of the City of Los Angeles - Rancho San Pedro EIR/EIS | Los Angeles CA
• City of Pico Rivera – General Plan, Zoning Code Update and Program Environmental Impact Report | Pico Rivera, CA
• City of West Covina - Starwood/Plaza West Covina General Plan Exemption Checklist | West Covina CA
• City of Santa Ana – Westview Housing Project IS-MND | Santa Ana, CA • City of Bakersfi eld – General Plan Update, Zone Mapping, and Programmatic Environmental Impact Report | Bakersfi eld CA
• City of Laguna Beach – Laguna Beach Civic Site Projects | Laguna Beach CA • City of Redlands – On-Call Services | Redlands, CA
• County of San Bernardino – San Bernardino County On-Call Planning Services | San Bernardino County, CA
• March Joint Powers Authority – On-Call Environmental Services | Riverside County, CA
• City of Calabasas – On-Call Contract | Calabasas, California • Los Angeles Unifi ed School District – Master Services Contract,Los Angeles Unifi ed School District – Master Services Contract| Los Angeles, CA • Kern County – Solar Projects EIRs | Kern County, CA

EDUCATION
BFA, Graphics, California
State University, Fullerton

AFFILIATIONS
Association of
Environmental
Professionals
American Planning
Association
TIME ON PROJECT
30% Phase I
40% Phase II
[email protected]
Richard Barretto
PRINCIPAL, TRANSPORTATION PLANNING AND ANALYSIS
Richard is a Managing Principal at Linscott, Law & Greenspan, Engineers. Richard has over 33 years of experience in the preparation of transportation planning analysis, traffi c impact studies, and parking studies. He is a licensed Traffi c Engineer in the state of California. Richard holds a Bachelor of Science in Civil Engineering from the University of California, Irvine. He has extensive experience in the preparation of traffi c impact studies for a variety of land uses, site access and operational plans, simulation studies, parking studies and traffi c and parking management plans, as well as experience in preparation of signing and striping plans, traffi c signal plans, and traffi c control plans. In addition, Richard is the principal-in-charge for providing on-call traffi c and transportation engineering consultation services in response to requests/requirements of the City of Dana Point, City of Chino Hills and City of Long Beach. Among other professional societies, he is a member of the Institute of Transportation Engineers (ITE). His expertise in traffi c engineering and transportation planning, as well as parking/access design consultation helps LLG continue its tradition of excellence in the region. .

RELEVANT PROJECTS
• City of Santa Ana – Cabrillo T own Center Mixed-Use Project | Santa Ana CA • City of Brea – Mercury Apartment Project | Brea, CA
• City of Brea – La Floresta | Brea, CA
• City of Ontario – Meredith International Centre Specifi c Plan Amendment | Ontario, CA
• City of Fullerton – Beckman Business Center | Fullerton, CA

EDUCATION
BS, Civil Engineering,
University of California,
Irvine

PROFESSIONAL

REGISTRATION
Professional Engineer,
CA Registration #TR2006
TIME ON PROJECT
30% Phase I
40% Phase II

City Council
23 –
49 8/15/2023

Justin Caron, MBA
AQUATICS PRINCIPAL-IN-CHARGE
Justin is a Principal at Aquatic Design Group. He has spent his entire life around aquatics. Son of an ASCA level 4 coach, Justin developed a passion for water early and translated that passion to success as a swimmer at the club, High School, NCAA, and USA Swimming levels. Following graduation Justin coached at elite swim camps around the country while working full time. In 2005, Justin transitioned into the world of aquatics consulting working his way up from business development to being named CEO of Aquatic Design Group, a globally recognized expert in aquatic design, in 2019. Since 2005 he has personally managed over 800 projects, spoken at over 100 industry events, and written or been featured in over 75 publications and podcasts. Justin is a member of several industry committees and boards and strives to improve lives through equitable access to water for people of all generations and abilities.

RELEVANT PROJECTS
• Adventure Park Wet Play Addition | Visalia, CA
• Alga Norte Community Park | Carlsbad, CA
• Apple Campus Spas | Cupertino, CA
• City Heights Pool Renovation | San Diego, CA
• Club One Multi-sport | San Jose, CA
• DryT own Waterpark Renovation | Palmdale, CA
• East Oakland Sports Center | Oakland, CA
• El Cariso Pool Renovation | Los Angeles, CA
• El Corazon Aquatic Center | Oceanside, CA
• Granada Hills Pool and Bathhouse | Los Angeles, CA
• LAUSD Sports Standards Update | Los Angeles, CA
• LEGOLAND Hotel | Carlsbad, CA
• Mater Dei Catholic High School | Chula Vista, CA
• Memorial Park Pool | San Diego, CA
• Moff ett Place Recreation Center | Sunnyvale, CA
• Obregon Park Pool | Los Angeles, CA
• Pawley Pool | Indio, CA
• Perris Valley Aquatic Center “DropZone” | Perris, CA
• Rancho Cienega Sports Complex / Michelle and Barack Obama Sports Complex | Los Angeles, CA
• Standley Middle School Joint Facility Aquatic Center | San Diego, CA • T emecula Community Recreation Center Pool Renovation | T emecula, CA • Walnut Ranch Aquatics Center Study | Walnut, CA
• Watts Community Center and Park | Los Angeles, CA
• Yucca Valley Aquatics and Recreation Center Study and Design | Yucca Valley, CA

EDUCATION
Masters of Business
Administration, Capella
University
Bachelor of Arts,
Communications
Psychology, Auburn
University

SPEAKING

EXPERIENCE
2022 WRPA - From
Feasibility Study to Multi-
Million Dollar Project:

A Case Study on the
Journey of William Shore
Memorial Pool
2021 CPRS –
Understanding the
Head(back)aches of
Aquatic Special Features

AFFILIATIONS
California Parks &
Recreation Society
Certifi ed Aquatic Facility
Operator (AFO)
National Recreation &
Park Association
TIME ON PROJECT
30% Phase I
50% Phase II
[email protected]
Dennis Berkshire
AQUATICS PROJECT PRINCIPAL
Dennis is a Principal at Aquatic Design Group. He has over 40 years of experience in the aquatics industry, with national fi eld experience in swimming pool design, construction and operation, and training. Dennis chaired the Operator Training Module for the Model Aquatic Health Code and is working with National Sanitation Foundation as a member of the Joint Committee on Recreational Water Facilities.

As an instructor for the Certifi ed Pool Operator course and the Aquatic Facility Operator course, he has trained over 1,000 swimming pool and aquatic facility operators. In addition, Dennis was named as one of “Power 25” by Aquatics International Magazine for his eff orts in shaping the Model Aquatic Health Code.

RELEVANT PROJECTS
• Alga Norte Community Park | Carlsbad, CA
• Antelope Aquatics Complex | Antelope, CA
• Arcadia Park Pool | Arcadia, CA
• Balboa Park Pool Renovation | San Francisco, CA
• Bay Meadows | San Mateo, CA
• Belmont Plaza Pool Facility Assessment | Long Beach, CA • Belvedere Community Park Pool | Los Angeles, CA
• Central Park Aquatic Center | Roseville, CA
• Charter Swim Complex Olympic Time Trial Pool | Long Beach, CA • Diamond Valley Lake Aquatic Facility | Hemet, CA
• East Oakland Sports Center | Oakland, CA
• Fontana Park Aquatic Center | Fontana, CA
• Garvey Park Splash Zone Replacement | Rosemead, CA
• Hamilton Pool Renovation | Novato, CA
• Hart Park Pool Renovation | Orange, CA
• Hartnell College Competition Pool Renovation | Salinas, CA • Jurupa Valley Aquatic Center “The Cove” | Riverside, CA • Lincoln Village Pool Replaster | Rancho Cordova, CA
• Memorial Park Pool | San Diego, CA
• Mike Shellito Indoor Pool Splash Pad | Roseville, CA
• North Natomas Aquatic Center | Sacramento, CA
• Perris Valley Aquatic Center “DropZone” | Perris, CA
• Rancho Cordova Community Pools Improvements | Rancho Cordova, CA • Richmond Swim Center Renovation | Richmond, CA
• Roseville Aquatic Facility | Roseville, CA
• South Lake T ahoe Recreation Swim Complex | South Lake T ahoe, CA • The Wave @ Emerald Glen | Dublin, CA
• Urho Saari Swim Stadium Study and Renovation | El Segundo, CA • West Sacramento Recreation Center | West Sacramento, CA

EDUCATION
Business Administration,
San Jose State University
General Studies, Delta
State University

SPEAKING

EXPERIENCE
World Aquatic Health
Conference - Model
Aquatic Health Code
California Parks and
Recreation Association -
Facilities that Encourage
Healthy Communities
National Environmental
Health Association -
Aquatic Innovations

CERTIFIED

INSTRUCTOR
Certifi ed Instructor (CPO)
- National Swimming Pool
Foundation
Certifi ed Instructor (AFO)
- National Recreation and
Park Association
TIME ON PROJECT
30% Phase I
50% Phase II
[email protected]

City Council
23 –
50 8/15/2023

Danny.Munsterman@kpff .com
Danny Munsterman, PE
PROJECT MANAGER
Danny is an Associate at KPFF Consulting Engineers. He is responsible for client contact, establishment of fees and schedules, supervision of engineering and drafting personnel, project design and production, overall project coordination and construction administration.

Danny has more than 11 years of experience working on land development projects for public and private facilities at KPFF and more than 15 years of previous construction experience. He has extensive experience navigating diffi cult permitting challenges and providing construction administration in active campus environments. .

RELEVANT PROJECTS
• South Oxnard Aquatics Center | Oxnard, CA
• Whittier Aquatics Center | Whittier, CA
• North Hills Community Wellness Center | Whittier, CA
• Riverside County Southwest Justice Center | Riverside, CA • Los Angeles Football Club Practice Field and Training Facility | Los Angeles, CA
• Los Angeles Stadium and Entertainment District at Hollywood Park | Inglewood, CA
• Saddleback College Stadium and Practice Field Complex | Mission Viejo, CA
• California State University Fullerton Student Health and Community Center | Fullerton, CA
• California Institute of T echnology Chen Neuroscience Building and Historic Bungalow Restoration | Pasadena, CA
• Los Angeles Valley College Community Services Center and Athletic Fields | Valley Glen, CA
• University of California Riverside, Pierce Hall Renovation | Riverside, CA • Mary D. Nichols Campus T esting Facility and Laboratory (CARB) | Riverside, CA

EDUCATION
Bachelor of Science, Civil
Engineering, California
State Polytechnic
University Pomona

PROFESSIONAL

REGISTRATION
California Eng. License
#C85302

AFFILIATIONS
American Society of Civil
Engineers
TIME ON PROJECT
30% Phase I
50% Phase II
astrid.theeuwes@kpff .com
Astrid Theeuwes, PE, LEED AP
SENIOR CIVIL ENGINEER
Astrid is an Associate at KPFF Consulting Engineers. She has enjoyed working on a wide range of projects, from local residential, commercial, educational and streetscape projects to various institutional projects around the world. She is a dynamic, positive and detailed oriented team player, enjoys developing successful relationships and is always excited to explore new ideas. Astrid is passionate about Active Transportation and the transformation it brings to our environment.

As a senior civil engineer, Astrid is responsible for quality assurance and quality control of project design and production, review of design deliverables, training and supervision of engineering and drafting personnel, assistance with permitting needs and throughout construction.

RELEVANT PROJECTS
• Santa Monica Memorial Park Master Plan | Santa Monica, CA • Exposition Park Master Plan | Los Angeles, CA
• George Washington Carver Park Improvements | Los Angeles, CA • East Rancho Dominguez Park Improvements | East Compton, CA • Culver City Media Park Revitalization | Culver City, CA • Santa Monica Beach Bike Path Upgrade | Santa Monica, CA • Park to Playa Trail | Los Angeles, CA
• Fullerton Athletics Facility | Fullerton, CA
• City of Covina Senior and Community Center | Covina, CA • West LA Civic Center and Courthouse Design Build | Los Angeles, CA • California State University Northridge (CSUN) Sierra Annex Academic Building and Site Improvements | Northridge, CA
• Los Angeles Trade T echnical College (LATTC) Design and Media Arts (DMA) Building and Site Improvements | Los Angeles, CA
• Airfl yte Plaza Renovation | El Segundo, CA

EDUCATION
Master of Civil and
Environmental
Engineering, University of
California Los Angeles
Master of Civil
Engineering, École
Spéciale des Travaux
Publics, Cachan, France

PROFESSIONAL

REGISTRATION
California Eng. License
#C74437

AFFILIATIONS
American Society of Civil
Engineers
TIME ON PROJECT
30% Phase I
50% Phase II

City Council
23 –
51 8/15/2023

[email protected]
Kal Benuska SE 3504
STRUCTURAL PRINCIPAL-IN-CHARGE
Kal Benuska is a Partner at John A. Martin & Associates, Inc.. Kal will serve as the Principal-In-Charge for the design team assigned to this project. As a leader of similar facilities within the fi rm, he understands the unique requirements involved in this typology and has experience directing similar projects. He will ensure effi cient levels of oversight of the structural design team, including input on design parameters and construction systems, appropriate allocation and commitment of the fi rm’s resources, and precise quality reviews. He will serve as a liaison to governing agencies as needed and will work with the client and project team to proactively resolve complex issues in a timely manner. A member of the John A. Martin & Associates, Inc. staff since 1986, Kal’s experience in structural engineering design and project management encompasses a diverse array of project types including sport facilities, civic centers, offi ce buildings, multi-family housing developments, convention centers, theatres, educational facilities, and libraries.

RELEVANT PROJECTS
• South Oxnard Aquatics Center Improvement Project | Oxnard, CA • Irvine Great Park / Heritage Park Sports Complex | Irvine, CA • Dignity Health Sports Park (formerly StubHub Center, Home Depot Center) Los Angeles Soccer & T ennis Stadiums at CSU Dominguez Hills | Carson, CA • Rio Tinto Major League Soccer Stadium | Sandy, UT
• SeatGeek Chicago Fire Stadium | Bridgeview, IL
• SDSU Jeff Jacobs JAM Center Basketball Practice Facility | San Diego, CA • USC John McKay Center | Los Angeles, CA
• Santa Ana YMCA Swimming Pool | Santa Ana, CA
• T opgolf Venue | El Segundo, CA
• Orange Coast College Field House Complex | Costa Mesa, CA • Bakersfi eld Aera Park | Bakersfi eld, CA
• MGM Grand Event Center | Las Vegas, NV
• Santa Ana Arts Collective Peer Review | Santa Ana, CA • Levi Stadium Peer Review | Santa Clara, CA
• Carol Kimmelman Athletic & Academic Campus | Carson, CA

EDUCATION
M.S., Structural
Engineering / Civil
Engineering, Stanford
University B.S.,
Architectural Engineering,
California Polytechnic
University, San Luis
Obispo

PROFESSIONAL

REGISTRATION
Structural Engineering,
California, SE 3504
Civil Engineering,
California, CE 43752

AFFILIATIONS
Structural Engineers
Association of Southern
California, Member
TIME ON PROJECT
30% Phase I
50% Phase II
[email protected]
Gurdaver Singh, PE, LEED AP
MECHANICAL ENGINEER AND MEPF PRINCIPAL-IN-CHARGE
Gurdaver is a Principal at Guttmann & Blaevoet. He brings over 30 years of experience as a principal engineer in mechanical and electrical design for building services in civic/public, higher education, and healthcare projects. He provides exceptional project management, delivering on time and within budget.

As a strong proponent of sustainable design, he is specialized in low to zero net energy buildings and has deep knowledge in all-electric design and building electrifi cation applications. Educated and professionally trained in the United Kingdom, he is very familiar with both LEED and BREEAM (UK) criteria.

Gurdaver has led the mechanical and plumbing systems design of numerous recreational and aquatic center projects for various client types including many municipalities in California. He is currently working on the Rengstorff Park Aquatics Center for City of Mountain View, the Piedmont Community Pool for City of Piedmont, the Orange Memorial Park Aquatic Center for City of South San Francisco, the South Oxnard Aquatics Center for City of Oxnard, and the Addison-Penzak Jewish Community Center Aquatics Center; and recently completed the Spartan Recreation & Aquatic Center for San Jose State University, and the Edwards Family Athletics Center for University of California, Davis.

RELEVANT PROJECTS
• Orange Memorial Park Aquatics Center | South San Francisco, CA • Piedmont Community Pool | Piedmont, CA
• Rengstorff Park Aquatics Center | Mountain View, CA • South Oxnard Aquatics Center | Oxnard, CA
• North Portland Aquatics Center | Portland, OR
• Addison-Penzak JCC Aquatics Center | Los Gatos, CA
• Oxford University Rosenblatt Swimming Pool | Oxford, England* • San Jose State University Spartan Recreation & Aquatic Center | San Jose, CA • CSU Sacramento Hornet Commons w/ Pool, Clubhouse & Gym | Sacramento, CA • El Encanto Hotel & Villas New Swimming Pool and Pool House | Santa Barbara, CA • Pickleweed Park Community Center w/ Multi-purpose Space | San Rafael, CA • San Leandro Senior Center w/ Event & Meeting Spaces | San Leandro, CA • Pickleweed Park Community Center w/ Multi-purpose Space | San Rafael, CA Clear Creek T ahoe Campus w/ Pool & Fitness Building | Carson City, NV • UC Davis Edwards Family Athletics Center w/ Hydrotherapy & Plunge Pools | Davis, CA
• The Vintage Club Clubhouse T enant Improvement w/ Multi-purpose Space | Indian Wells, CA
• Milpitas Library w/ Multi-purpose Space | Milpitas, CA

EDUCATION
B.S. with Honors in
Mechanical Engineering,
Dundee University, UK

PROFESSIONAL

REGISTRATION
California Eng. License
#M33399

AFFILIATIONS
LEED Accredited
Professional
American Society of
Heating, Refrigeration
& Air Conditioning
Engineers
American Institute of
Architects, Central Valley
Chapter
TIME ON PROJECT
30% Phase I
50% Phase II

City Council
23 –
52 8/15/2023

[email protected]
Matt Kowta, MCP
PRINCIPAL IN CHARGE OF ECONOMICS AND OPERATIONS
For over 25 years, Matt has pioneered innovative techniques in economic analysis to meet the challenges of contemporary urban development. Matt oversees consulting operations spanning all of BAE’s offi ces, supporting clients with expertise in development feasibility and market analysis, aff ordable and workforce housing, public fi nance and fi scal impact, and strategic economic development.

In addition to California, Matt works in locations across the U.S., including recent assignments in Florida, Utah, and Minnesota. He provides economic analysis in support of planning and policy-making for a wide range of topics, including land use, economic development, aff ordable housing, public services and public facilities fi nancing.

Examples of projects for which Matt served as Principal in Charge include economic feasibility analysis for aquatics facilities renovations for the City of Davis, a demand study and economic analysis for a new aquatic center in Portland, Oregon, as well as economic analysis for the Cache Creek Parkway Plan in Yolo County, economic analysis of recreational use alternatives for the Sacramento Placerville Transportation Corridor rails-to-trails project, and economic analysis for the Big Bear Lake Bicycle, Pedestrian, and Equestrian Trails Master Plan.

Other recent projects that Matt has supervised include municipal fi scal impact analyses and infrastructure funding strategies for General Plan and Master Plan areas, economic impact and development feasibility analyses for a diverse range of projects, along with other unique projects across the US.

RELEVANT PROJECTS
• Aquatic Facilities Renovation Feasibility | Davis, CA • Aquatic Facilities Renovation Feasibility | Davis, CA • North Portland Aquatic Center Demand Study | Portland, OR • Bicycle, Pedestrian, and Equestrian Trails Master Plan | Big Bear Lake, CA • Fairview Development Center Economic Analysis | Costa Mesa, CA • Housing Element Update | Rancho Palos Verdes, CA
• Publicly-Owned Industrial Sites Analysis | Los Angeles County, CA • Housing Element Update | Irwindale, CA
• Sacramento-Placerville Transportation Corridor Reuse Plan | El Dorado County, CA
• Cache Creek Parkway Plan Feasibility Study | Yolo County, CA

EDUCATION
Master of City Planning,
UC Berkeley
Bachelor of Arts,
Geography, UCLA

AFFILIATIONS
American Planning
Association
Urban Land Institute
[email protected]
Steven R Winkel, FAIA, PE, CASP
BUILDING CODE AND ACCESSIBILITY CONSULTANT
Steven R Winkel is the Building Code and Accessibility Consultant. He is a partner in The Preview Group, Inc and the west coast offi ce manager. Steven has almost 50 years of experience in various design disciplines. Steven has extensive experience with ELS Architecture + Urban Design serving as the building code and accessibility consultant on many of their recreational and aquatic facilities.

Steven served for 19 years as the Architect Commissioner on the California Building Standards Commission and was Vice-chair when he retired. This commission approves the California amendments to model codes and publishes the state building codes, including California accessibility regulations. His participation in the national model code development process and on the Commission gives Steven a unique understanding of building code and accessibility requirements and interpretation. He was also on the Board of Directors of the National Institute of Building Sciences (NIBS) from 2009 through 2015. Steven is the author, along with noted illustrator Frank Ching, of the well-received book Building Codes Illustrated, for which the updated seventh edition is in preparation for publication by John Wiley & Sons. He regularly teaches code update seminars to many architecture fi rms and AIA Chapters.

RELEVANT PROJECTS
• East Oakland Sports Center (with ELS) | Oakland, CA
Building code and accessibility consultant for a new 50,000 sf community sports, recreation, and aquatics center. It features a natatorium with an indoor leisure and lap pool, a dance and aerobics studio, a fi tness center, a learning and media center, and a community gathering space.
• Elk Grove Aquatics Center (with ELS) | Elk Grove, CA Building code and accessibility consultant for a new 50-meter pool, a six-lane lap pool, and a fun-water pool with new locker rooms, meeting rooms and offi ces. • Legends Aquatics Center (with ELS) | Berkeley, CA
Building code and accessibility consultant for a new training space for UC Berkeley’s intercollegiate aquatic athletes with a 50- meter stretch pool, a two- centerline dive tower, locker rooms, and a multipurpose training room. • Miwok Center, College of Marin (with ELS) | Kentfi eld, CA Building code and accessibility consultant for the new Miwok Center with an Olympic-sized swimming pool and a lap pool with complete support facilities. • Uytengsu Center Swimming Complex at USC (with ELS) | Los Angeles, CA Building code and accessibility consultant for renovation and expansion of the former USC McDonald’s Olympic Swim Stadium. New features including permanent seating, a new shade canopy, eco-friendly LED lighting for nighttime events, and an array of new student-athlete amenities.
• Balboa Park Pool (with ELS) | San Francisco, CA
Building code and accessibility consultant for this historic international style building, making essential repairs, upgrading structural and environmental systems, and enhancing the user experience.
• Cañada College Kinesiology and Wellness Building (with ELS) | Redwood City, CA
Building code and accessibility consultant for a new home for wellness activities, a fi tness area including an instructional aquatics pool, and a competition pool with spectator areas.

EDUCATION
A.B. Environmental
Design, Architecture
Emphasis, University of
California, Berkeley

PROFESSIONAL

REGISTRATION
California Architect
License #C-9284
California Civil Engineer
#C-31003
California Landscape
Architect #1680
California Certifi ed Access
Specialist #CASp-062

AFFILIATIONS
American Institute of
Architects; Fellow, Past
National Board Member,
Past AIA California
President, Past AIA East
Bay President
International Code
Council; Honorary
Member
American Society Of Civil
Engineers; Member
National Fire Protection
Association; Member

City Council
23 –
53 8/15/2023

[email protected]
Cynthia Madrid, CPE
SENIOR COST MANAGER
Cynthia Madrid is a Senior Cost Manager at mack5. She has over 30 years of experience in the building profession working on behalf of cost consulting fi rms. Her extensive experience includes cost estimating, preparing bills of quantities, change order evaluation, value engineering, post-contract administration, cost reconciliation with third-party consultants/contractors, and peer review of cost estimates prepared by third-party consultants.

Cynthia has expertise in public and recreational/aquatic facilities, including new construction, renovation, retrofi t, master plan and assessments/feasibility/program- level cost plans and estimates. She will be available to provide cost estimating services during the proposed schedule for this project.

RELEVANT PROJECTS
• South Oxnard Aquatics Center (with ELS) | Oxnard, CA
• Rengstorff Park Aquatic Center (with ELS) | Mountain View, CA • Orange Memorial Park Aquatic Center (with ELS) | South San Francisco, CA • Piedmont Community Pool Project (with ELS) | Piedmont, CA • Veteran’s Memorial Building/Senior Center-YMCA (with ELS) | Redwood City, CA
• Berkeley Willard Park Clubhouse (with ELS) | Berkeley, CA • Robinson Park Pool & Building | Pasadena, CA
• Campbell Aquatic Facility | Campbell, CA
• Washington Community Swim Center | Sunnyvale, CA
• San Bruno Recreation and Aquatic Center | San Bruno, CA • Castlewood Country Club – Clubhouse/Pool Remodel & New Sports Center | Pleasanton, CA
• Belle Haven Community Center and Pool | Menlo Park, CA • Cherryland Community Center | Hayward, CA
• Mayfair Community Center and Pool | San Jose, CA*
*Project completed prior to joining mack5.

EDUCATION
B.S. Civil Engineering,
Adamson University,
Philippines
B.S. Sanitary
Engineering, National
University, Philippines

AFFILIATIONS
Certifi ed Professional
Estimator
American Society of
Professional Estimators –
Member
TIME ON PROJECT
20% Phase I
30% Phase II

City Council
23 –
54 8/15/2023

+ understanding of need
College of Marin Miwok Center, Novato, CA
1d
1d

City Council
23 –
55 8/15/2023

“It was a highly competitive selection process, but in the end, Blach + ELS’ innovative proposal fully supports our overall vision of the project. From the beautiful architectural design to sustainability and total cost of ownership, it was obvious they were the right choice. Their attention to quality and collaborative, service-based approach—coupled with an
unprecedented safety record—will undoubtedly result in a facility that is built well and serves College of Marin and the Indian Valley Campus community for years to come.”
– Greg Nelson, Vice President of Finance and
College Operations, College of Marin

City Council
23 –
56 8/15/2023

1d. Understanding of Need
PART I – CONCEPT PLANNING
Memorial Park East End Master Plan and Aquatic
Center Concept Design
30% PS&E (Preliminary Design/Concept Planning)
A successful master planning and design process supports dialogue be- tween all parties and pursues consensus-based decision-making. T o that end, visioning, programing, master planning and conceptual design for the Memorial Park - East End Master Plan + Reimagined Aquatic Center will require els+swa to work closely with the City of Santa Ana Public Works Agency, Park Services Division (Santa Ana PWA, PSD), and other stake- holders, such as the Santa Ana Memorial Park Neighborhood Association, or others as deemed appropriate by the City of Santa Ana. The intent is to achieve, through work sessions and cooperative collaboration, a consen- sus-based vision, program, and design framework, which will quickly and effectively be applied to the Memorial Park Master Plan + Reimagined Aquatic Center. Our approach to this critical initial effort is based upon the following five components:

1. Design Communication in Multiple Languages: Communicating to the widest possible audience during the visioning, programming, mas- ter planning and conceptual design effort requires a team with deep cross-cultural understanding and a strong awareness of the communi- ty’s diverse composition. We understand that Spanish and English are commonly spoken by people living in City of Santa Ana, many of whom frequent Memorial Park. The els+swa team includes architects, landscape architects and design professionals who are fluent in Span- ish and the community engagement process, and who will participate as “project ambassadors” to establish a welcoming and inclusive tone and to encourage greater community participation in a robust charrette process.

2. Creative Planning: Preparation of the visioning, programming, mas- ter planning and conceptual design effort requires a project team that combines strength of analysis with expertise in park planning, commu- nity recreation and aquatics center design, and LEED/Zero Net Energy (ZNE) strategies. Effective planning begins with the ability to analyze complex conditions, identify key opportunities and constraints, and formulate creative solutions. The els+swa team, in collaboration with stakeholders, will quickly select alternate concepts for enhancing the east portion of Memorial Park. We will evaluate, test, and collabo- ratively select a preferred Memorial Park - East End Master Plan + Reimagined Aquatic Center Concept, which will embody the opti- mal planning and design response to functional, financial, visual, and environmental requirements to help achieve a successful conceptual design and associated cost estimate.

3. Unplugged Design (ZNE): With sustainability always in mind, els+swa’ projects start from the premise that buildings should be de- signed to perform independently from any building system. We orient, shape, and shade buildings to maximize daylighting, to reduce heat gain in summer while allowing it in winter, and to take advantage of natural ventilation when useful. This bioclimatic approach allows us to eliminate or minimize building systems to reduce the need for on-site renewable energy production. Optimizing building envelopes reduces loads and supplies the right amount of thermal mass to make buildings comfortable for occupants while requiring little energy for building sys- tems. In developing our conceptual design package, we will perform a detailed site and climate analysis as the basis of our ZNE approach.

By understanding the opportunities inherent in the eastern portion of the Memorial Park site, we can choose design strategies that take maximum advantage of the site and climate to reduce building loads and supply on-site energy.

4. Placemaking Design: T o realize the full potential envisioned for the Memorial Park - East End Master Plan + Reimagined Aquatic Cen- ter via the visioning, programming, master planning and conceptual design process, els+swa will identify and build on existing and future park and aquatic center physical connections, patterns, and systems.

T o this end, we will prepare a final conceptual master plan that creates a strong yet flexible framework that addresses Santa Ana’s circulation requirements and presents a master planning strategy and architectur- al image that ensures a memorable and enduring place.

5. CEQA/NEPA - Realistic Solutions/Problem Solving: Successful development concepts require visionary yet realistic planning that meets social, economic, and physical design goals, leading to a mas- ter plan that can be successfully CEQA/NEPA-certified. The visioning, programming, master planning and conceptual design for the Memo- rial Park - East End Master Plan + Reimagined Aquatic Center will account for political, economic, and functional realities. els+swa will work closely with the City of Santa Ana and the Parks and Recreation Commission, and other key stakeholders to ensure a functional and feasible concept. Most importantly, a Memorial Park - East End Master Plan + Reimagined Aquatic Center Concept that earns CEQA/NEPA certification by the City Council, by dates required for funding per the American Rescue Plan Act (ARPA), as well as com- pleting the Construction Documents for Phase I, Aquatics Facility, for public advertisement and bid by April 2024.

Our approach to completing PART 1, T ask 1 and T ask 2, per the RFP is proposed below. Based on several assignments similar in many aspects to yours, we would like to offer a more detailed and tailored outreach, master planning and concept effort that we believe will support a success- ful Memorial Park - East End Master Plan + Reimagined Aquatic Center Concept design process. We intend to submit all the deliverables listed under T ask 1 – Preliminary Concept Planning and T ask 2 – Final Concept Plan, but just in a slightly different order. Accordingly, we hope you like the proposed program outlined below. Of course, we are open to discussing, modifying, and adjusting this program to meet the City of Santa Ana’s spe- cific needs. We believe our community engagement and concept design effort will result in the most robust, community informed community de- sign process for the Memorial Park - East End Master Plan + Reimagined Aquatic Center Final Concept.

TASK 0 – CEQA/NEPA
Rincon’s work scope involves the preparation of an IS-MND CEQA and an EA under NEPA. We anticipate that these are the appropriate CEQA and NEPA documents; however, if our analysis determines that the project may have a potential significant and unavoidable environmental impact, Rincon will contact els+swa, who will in turn contact the City of Santa Ana, to im- mediately determine an appropriate course of action, including preparation of a project EIR, if warranted.

Following is an outline or Rincon’s proposed effort, which falls under PART 1 and Part 2 and the effort approximately coincides with the completion of 100% Construction Documents. For detailed description of Rincon’s scope and fees, we have included a copy of their proposal with our sealed fee proposal.

Task 0.1 - CEQA/NEPA Initiation and Kickoff Meeting
TASK 0.2 - TECHNICAL ASSESSMENTS
Required for both CEQA and NEPA compliance.

02.1 Cultural Resources T echnical Report
Required for CEQA compliance.

02.2 Transportation Impact Assessment

02.3 Air Quality and GHG Emissions

02.4 Biological Resources

02.5 Geology and Soils

02.6 Noise

Task 0.3 - NEPA Compliance

03.1 Administrative Draft EA/FONSI

03.2 Public Review Draft & Final EA/FONSI
Task 0.4 - CEQA Compliance

04.1 Administrative Draft IS-MND

04.2 Public Draft IS-MND

City Council
23 –
57 8/15/2023

04.3 Final IS-MND
Task 0.5 - Public Hearings and Notice of Determination
Task 0.6 - Project Management
TASK 1 – PRELIMINARY CONCEPT PLANNING
Task 1.1 Project Understanding and Confirmation
Task 1.1.1 Background Document Review / Site Reconnaissance In addition to our review of documentation made available thus far, els+swa will review and evaluate additional pertinent documentation, including pre- programming information, plans, inventories, studies, etc., to understand the content of previous studies and the existing context, including the extensive efforts by the City to gain familiarity with hot button development issues with the Memorial Park East End Master Plan + Reimagined Aquatic Center site and project. We will build upon our knowledge gathered during the RFP process, as well as our familiarity with Memorial Park and surrounding context. Our base data and archival history of Memorial Park, gained through our site visits, will be supplemented by a photographic survey of the existing conditions of the site.

Task 1.1.2 Opportunities & Constraints Analysis
els+swa will create a series of diagrams and maps that communicate our analysis and understanding of the Memorial Park East End Master Plan+ Reimagined Aquatic Center study area and its surroundings, and we will use this analysis to develop our current preliminary thinking of the program and site. These graphic products will assimilate collected data and clearly identify opportunities and constraints and will be utilized in our Program and Design Confirmation Workshop Series. Among the issues to be analyzed are goals for improving, enhancing connection between the Memorial Park Pool and the adjacent Memorial Park amenities; traffic flow and parking as it relates to South Flower Street, West Anahurst Place and West Saint Gertrude Place; master planned circulation systems; overall design character (linkages and nodes) and architectural character; “hard- soft” open space analysis; development opportunities and constraints; and other site issues as appropriate.

Task 1.1.3 Draft Program Based Upon RFP Information
els+swa will produce a draft program based upon els+swa benchmarking resources and information provided thus far. The purpose of the draft is to confirm the current program thinking, and to determine the level of further programming study needed. If additional study or programming is needed, we understand that the Santa Ana PWA, PSD, will provide such direction.

Deliverables for Task 1: Draft work plan, schedule, explanatory maps, and diagrams identifying development opportunities and constraints and draft program.

TASK 1.2 KICK-OFF, SITE WALK, ASSESSMENT AND PROGRAM

ANALYSIS
Task 1.2.1 Project Kick-Off Meeting / Site Walk
els+swa will meet with the Santa Ana PWA, PSD, and others as directed by the Santa Ana PWA, PSD to develop project milestones, a project schedule and a plan for community outreach and engagement. This will establish a mutual understanding of roles, responsibilities, and paths of communication, as well as clarify the scope, issues, and objectives of the work program – specifically, what are the unique development opportunities beyond those identified in the RFP . In addition to initiating the project, els+swa and certain els+swa consultants will do a “site walk” with Santa Ana PWA, PSD members to further familiarize ourselves with the general physical conditions of both sites. A Preliminary Project Schedule will be presented with task and milestone targets to confirm previously targeted milestone dates, including targeted completion date.

Product: Refined Scope and Schedule as necessary.

Client Input: Background materials and studies.

Task 1.2.2. Coordination & Consultation with Santa Ana PWA, PSD els+swa will coordinate and regularly consult with Santa Ana PWA, PSD to ensure that necessary information and documentation are received, reviewed, and incorporated with the work product in a timely manner. Santa Ana PWA, PSD may choose to involve representatives from interested government agencies, other consultants to the Santa Ana PWA, PSD and/or key stakeholders in these meetings. Our proposed scope includes all video conference calls, other forms of electronic and telephonic communication, and as-needed unscheduled meetings with Santa Ana PWA, PSD/els+swa over the proposed project timeframe.

Product: Participation in meetings identified in the work plan.

Client Input: Attendance / participation in Project Administration Meetings.

TASK 1.3 – COMMUNITY OUTREACH, ENGAGEMENT, PROGRAMMING

AND CONCEPT DESIGN
Task 1.3.1 Coordinate with Key Stakeholders.
els+swa, in collaboration with Santa Ana PWA, PSD, will coordinate meetings with Memorial Park Community Stakeholders to discuss goals and garner input regarding the community engagement strategies as the project moves forward. With the confirmation and approval by the Santa Ana PWA, PSD, key stakeholders could include Santa Ana Councilmembers and Commissioners, Santa Ana City Department Leaders, service organizations, local community leaders, residents, and other advocacy groups that reflect the demographics and perspectives of the community.

Task 1.3.2: Develop a Community Outreach Plan.

With input from the Key Stakeholder meetings in T ask 1.3.1, els+swa, together with the Santa Ana PWA, PSD, will develop a Community Outreach Plan that outlines the steps to engage community members.

The Community Outreach Plan will build upon the work completed through previous engagement processes and refine community interests. The plan will include a schedule with timing for release, distribution, and placement of publicity items, and a list of potential co-sponsors and co-promoters to assist with outreach and organizing of festive activities (e.g., donated local food and entertainment) to maximize participation and positive input at community events.

Produce Materials:
els+swa will produce e-flyers and e-posters publicizing events for community-wide distribution.

Distribute Materials:

Local businesses and religious and service organizations will be solicited to distribute flyers and information about the events through their networks. With the approval of Santa Ana PWA, PSD and the school district, all campuses within the district will be solicited to promote events to the student body and families (flyers, newsletters, etc.). Information about the project will also be circulated via social media and the City’s website. All solicitations above will be executed by the City of Santa Ana staff.

Media Outreach:

Announcements and press releases will be distributed to local media. els+swa will assist with all press announcements but will require a designated City staff member to comment and approve all announcements and press releases before issuance by els+swa.

Task 1.3.3: Community Workshops/Charrettes/Program and Concept Development.

We suggest that each workshop be held at a consistent time and day of the week and that it be widely published in local media outlets and on social networks. We encourage the sessions to be streamed live and archived to allow a broad range of availability to those who are not able to attend live sessions, which is critical to the success of any engagement process, and the Memorial Park East End Master Plan + Reimagined Aquatic Center Design Process is no exception. At this point we are planning to facilitate three Community Workshops. Should we need to add, drop, or modify sessions, we are prepared to do so once the Santa Ana PWA, PSD and els+swa have a clearer understanding of the need.

Each workshop is preceded by a preview session with the Santa Ana PWA, PSD, and any others as directed by the Santa Ana, PWA, PSD. The goal of each preview session is to give attendees a sense of the upcoming community workshop and confirm goals and objectives. This is also a chance to finalize the agenda for publication and distribution to the broader

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Santa Ana Community. We have named the three proposed workshops as follows:

Community Workshop #1 – Gallery Walk (Program Confirmation) Community Workshop #2 – Alternate Concepts (Presentation Concepts + Preferred Concept Selection)
Community Workshop #3 – Preferred Concept Presentation
(Critique and Final Stakeholder Comments)
For all three Community Workshops, logistics are proposed as follows:
els+swa will prepare display boards for the Gallery Walk and arrange for delivery to the event site and will take responsibility of setting up the display (we would like the city to store the large display boards “on-site,” as they’re intended to be used for multiple events, including the Opening Day at the new Memorial Park Aquatic Center);
els+swa can provide large format video equipment including screen, projector, and laptop; and
els+swa will rely on City of Santa Ana staff to reserve the meeting venue and all other equipment and furnishings necessary to host community workshops. Staff to provide public address system, room set-up with tables and chairs, and all other public gathering needs.

Task 1.3.3.1 COMMUNITY WORKSHOP #1 - GALLERY WALK and

PROGRAM CONFIRMATION
Proposed Agenda for Pre-Workshop #1 Meeting with the SANTA ANA PWA, PSD:

A. Dates and location of Community Workshops #1, #2 and #3 are agreed upon.

B. Basic schedule and outline of Community Engagement Process is discussed and modified, as necessary.

C. els+swa will access previous study efforts, documentation, community outreach, stakeholder input, and survey results, and will identify the components needed to maximize usage, minimize environmental impacts, and meet the current and future needs of the community.

This shall be presented to the Santa Ana PWA, PSD for review and comment during Pre-Community Workshop #1.

D. Discuss proposed agenda for the 90-minute Community Workshop #1. - First 45 Minutes: Open House Format – Visitors walk the room and engage with the els+swa Team, City of Santa Ana representatives, and other stakeholders identified by the City of Santa Ana. - Middle 15 Minutes: Brief Presentation by the City of Santa Ana and els+swa.
- Final 30 Minutes: Resume Open House Gallery Walk.

E. Draft Display Boards for the Gallery Walk are presented to the Santa Ana PWA, PSD for review and comment.

F . General program for the new Memorial Park East End Master Plan + Reimagined Aquatic Center is discussed and modified as necessary for inclusion in part of Workshop #1.

Community Workshop #1: Gallery Walk – Open House Format (Duration 90 minutes)
- First 45 Minutes: Open House Format – Visitors walk the room and engage with the els+swa Team, City of Santa Ana Representatives, and other stakeholders as determined by the city. - Middle 15 Minutes: Brief Presentation by the City of Santa Ana and els+swa
- Final 30 Minutes: Resume Open House Gallery Walk
A. Sign-in T able located near the entry to the room next to first board (Station A); community members sign-in and provide their email and/or mailing address, so they can receive future notices about the project.

B. Santa Ana PWA, PSD T able also located near the entry and staffed by members of the Santa Ana PWA, PSD. This will be an opportunity for the Santa Ana PWA, PSD to share with community members how they can engage the design process moving forward and how they can assist with any effort in support of the project, as well as hear concerns about the project.

C. Program and Issues Boards are prominently displayed in a room large enough to accommodate size of anticipated audience. Each board location represents an “information station.”
D. Program and Issues Boards are composed of 1 to 4 panels, each panel is 3’ wide x 7’ tall and are freestanding. Each display is an impressive collection of graphics, images and bullets designed to ignite interest and excitement. Each information station represents a different programming opportunity or design/project issue – all of which typically initiates a robust event of questions, notetaking, information gathering and sometimes “demands” and “absolutes” – and all comments are welcomed and encouraged. Based on what we currently know about the goals and aspirations for the Memorial Park East End Master Plan + Reimagined Aquatic Center project, the Gallery Stations could include the following programming and/or design issues:

Station 1 Welcome and Sign-In Station – General information about the “Information Gallery”
Station 2 Project Facts: Budget, Schedule, Next Workshop, Owner Contact
Station 3 Idea/Suggestion Tree
Station 4 USA Age Group Competition Aquatics – Swimming, Water Polo and Masters
Station 5 Recreation Swimming and Fitness
Station 6 Tiny Tots Aquatics Programs
Station 7 Seniors Aquatics Programs
Station 8 Learn to Swim and Water Safety Programs
Station 9 Special Needs Aquatics Programs
Station 10 Building Programming – Meeting Rooms/Birthday Party Room
Station 11 Green Design Components and Considerations – LEED and WELL Building Goals
Station 12 Adjacent Outdoor Areas – Issues/Connections/Concerns Station 13 Architecture Issues
- Where should the “front door” be?
- Where should service access be required?
- Are there security concerns?
- Accessibility?
Station 14 General Project Issues + Concerns
- What happens to the existing pool and former site?
- How long will the project take to build?
- Can the project be phased?
- What are the hours of the new aquatic center?
These are some of the issues that could be unveiled at the Gallery Walk. It is important to note that each station will be attended by an els+swa Team Member, except for Station A – Welcome and Sign-In Station, which we suggest is attended by two or three City of Santa Ana representatives.

Near the mid-point of the Gallery Walk, there will be a brief presentation, kicked off by a Santa Ana PWA, PSD representative who will provide a few introductory remarks, followed by Clarence Mamuyac who will present relevant experience as well as an overview of the public engagement and City review process. Following the presentation, Community Workshop 1 – Gallery Walk, will continue. The overall period for the Open House

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Gallery Walk is about 90 minutes with the brief presentation occurring at the 45-minute mark.

Task 1.3.3.2 COMMUNITY WORKSHOP #2: CHARRETTE PROCESS
Presentation and Stakeholder Evaluation of 2 to 3 Concepts Proposed Agenda for Pre-Workshop #2 Meeting with the Santa Ana PWA, PSD:

A. Recap of Workshop #1.

B. els+swa will present 2 to 3 concepts showing various layouts of the program elements for an initial review and opportunity to comment in advance of Workshop #2.

C. Based on the feedback, els+swa may reduce the number of concepts or create an additional scheme – Possibly a hybrid of the concepts presented.

D. Proposed agenda for the 90-minute Workshop #2 is discussed and set. - First 15 Minutes: Gallery Walk is re-installed from Workshop 1 – Community members mingle and prepare to take seats at one of the 10-person tables.
- Next 20 Minutes: els+swa presents the 2 to 3 Concepts. - Next 20 Minutes: Each table, as a charrette team, reviews, critiques, comments on each of the concepts presented and ranks them in order of preference.
- Next 20 Minutes (Assumes 10, community member teams): Each team’s elected captain gives a brief 2-minute presentation of their teams’ findings and ranking.
- Final 15 Minutes: els+swa summarizes findings and welcomes everyone back for the final workshop #3 – the Preferred Concept presentation.

Workshop #2:

A. Per agenda above
Task 1.3.3.3 COMMUNITY WORKSHOP #3: PRESENTATION OF

PREFERRED CONCEPT
Critique and Community Member Comments
Proposed Agenda for Pre-Workshop #3 Meeting with the Santa Ana PWA, PSD:

A. Recap of Community Workshop #2.

B. els+swa presents preferred concept for an initial review and opportunity for the Santa Ana PWA, PSD, and other stakeholders to comment in advance of Workshop #3.

C. Based on this feedback, els+swa integrates comments before presenting preferred concept at Community Workshop #3.

D. Proposed agenda for the 90-minute Community Workshop #3 is discussed and set.
- First 15 Minutes: Gallery Walk remains from Workshop 1 – Community members mingle and prepare to take seats at one of the 10-person tables.
- Next 20 Minutes: els+swa presents the Preferred Concepts. - Next 20 Minutes: Each table, as a charrette team, reviews, critiques, comments on the Preferred Concept.
- Next 20 Minutes (Assumes 10, community member teams): Each team’s elected captain gives a brief 2-minute presentation of their teams’ findings.
- Final 15 Minutes: els+swa summarizes findings of the final workshop #3 – the Preferred Concepts presentation.

Workshop #3:

A. Per Agenda established above in Pre-Community Workshop #3 Meeting.

Task 1.3.4: Develop an Online Presence and Survey. els+swa will develop content for an online presence for the project which will include at least one survey. The content will be provided to the City’s webmaster for uploading. Should web design or code writing be required, els+swa will need to engage a consultant for such additional services. Online presence and the survey will be readily accessible through the City’s website and social media accounts. This presence will identify the needs and concerns of residents unable to attend community meetings. An online presence will be available throughout the outreach and engagement process.

Task Deliverables

1.3.1 els+swa will provide meeting materials, summaries, and notes regarding individual Key Stakeholder input discussions, and list of Key Stakeholders.

1.3.2 els+swa will provide meeting materials and summary, Community Outreach Plan, copies of outreach announcements and collateral materials.

1.3.3 els+swa will provide promotional materials, meeting materials, summaries, and notes from outreach meetings, photos of
workshops and design charrettes.

1.3.4 els+swa will provide website content to City website manager/ designer, copies of survey announcements, survey results.

TASK 2 – FINAL CONCEPT PLAN
Task 2.1 Prepare Memorial Park Final Master Plan and Aquatic Center Final Concept Design and Cost Estimate. Based on the results of the Community Workshop Series, cost estimates, and the final round of input from both Community Workshop #3 and any additional information gathered from the online presence and/or social media sites, and with the agreement of the Santa Ana PWA, PSD, els+swa will finalize the Memorial Park Pool Concept Designs and Cost Estimates for presentation to City Council.

Task 2.2 Presentation of Memorial Park Draft Final Master Plan, Aquatic Center Concept Design and Cost Estimate to CMAR for Review and Input. Integrate comments from CMAR and revise documentation as necessary
Task 2.3 Presentation of Memorial Park Final Master Plan and Aquatic Center Final Concept Design and Cost Estimate to Commission.

Task 2.4 Presentation of Memorial Park Final Master Plan and Aquatic Center Final Concept Design and Cost Estimate to City Council.

A. Preview Final Concepts presentation with Santa Ana PWA, PSD.

Incorporate any final comments into the Memorial Park Final Master Plan and Aquatic Center Final Concept Design presented during Community Workshop #3 and prepare a presentation for City Council.

B. In advance of City Council presentation, and if desirable by Santa Ana PWA, PSD, els+swa will preview Final Concept Design with the Mayor, Vice-Mayor and Councilmembers, per Brown Act, as one more check on our Final Concept Design. els+swa will incorporate final comments by council members before the official unveiling of the Final Concept at a formal City Council Session.

C. The Final Memorial Park Master Plan and Aquatic Center Concept Design and Cost Estimate are presented to City Council for approval and direction.

Task Deliverables

2.1 els+swa will provide Final Memorial Park Master Plan and Aquatic Center Concept Design Report and Cost Estimate.

2.2 els+swa will prepare presentation for City Council approval of the Final Memorial Park Master Plan and Aquatic Center Concept Design Report and Cost Estimate.

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PART II – CONTRACT DOCUMENTS
Post Concept Design for the New Memorial Park
Aquatics Center
60% Design Development, 90% CD Pre-Final and 100% CD Final (Per RFP).

Optional Construction Support Phase (Per RFP).

Following completion Community Engagement, Preliminary Design Effort and City Council’s approval of the Final Memorial Park Master Plan and Aquatic Center Concept Design Report and Cost Estimate, els+swa looks forward to continuing our collaboration with community and City of Santa Ana and Santa Ana PWA, PSD on the following design phases for the New Memorial Park Aquatic Center:

TASK 3 – DESIGN DEVELOPMENT PHASE:
(60% CMAR REVIEW + INPUT)
TASK 4 – CONSTRUCTION DOCUMENTS PHASE, PRE FINAL:
(90% CMAR REVIEW + INPUT - PERMIT AND BID ISSUE)
TASK 5 – CONSTRUCTION DOCUMENT PHASE, FINAL:
(100% CMAR REVIEW + INPUT - CONSTRUCTION ISSUE)
TASK 6 – CONSTRUCTION SUPPORT PHASE :
(OPTIONAL SERVICE)

OUR APPROACH TO COLLABORATION WITHIN A

CMAR DELIVERY PROCESS
ELS has a comprehensive approach to the delivery of clear and complete design and construction documents, using BIM on all our projects. We understand the importance of working closely during design with the owner’s construction manager (CM) in a CM at Risk (CMAR) project delivery process, providing design documentation at each phase for review of impacts to cost, schedule and construction means and methods. We establish clear means of communication to facilitate the collaborative process. T ools such as Building Information Modeling (BIM-Revit) further assist us and the entire project team in quality control and communication as it allows us to view conflicts and resolve them quickly in the early stages of design, and through the construction drawings using clash detection software. We share BIM models with the construction manager for cost estimating and coordination purposes and have provided final completed as-built models for aquatic center facilities’ record purposes.

BIM software from Autodesk’s Revit is a fully integrated component of our overall QA/QC efforts. BIM allows us to quickly visualize and coordinate the multiple disciplines required to develop a building design. Our team is immediately alerted to design conflicts through Revit’s 3D capability, which allows us to react quickly to issues as they arise. BIM also allows us, with minimal effort, to develop alternate schemes that range in cost to address project unknowns.

Complementing our BIM capacities, ELS helps clients and the CM visualize design options through the in-house creation of high-quality, photo-realistic architectural renderings. Whether using Revit’s cloud-rendering capabilities, or alternative programs such as 3D Studio Max, V-Ray, and Lumion, we make use of architectural rendering and animation as an invaluable part of the design process as well as a presentation tool. Post-production and presentation formatting are typically produced using Photoshop, Illustrator, and InDesign.

ELS uses Insight 360, a plug-in for Revit, for real-time energy and daylighting performance analysis of conceptual design alternatives. ELS also uses traditional physical models in presentation and the design process. T o aid in this effort, we are equipped with laser cutting and 3D printing capabilities.

Additional information about our experience with CMAR can be found under Tab 1c.

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I’m really grateful and enthusiastic about the progress we’ve made towards our new community pool. I’m confident that ELS is the best qualified and most experienced firm to lead this extraordinary project right in the heart of our community. It’s going to be amazing!”

- Betsy Smegal Andersen, Vice Mayor, City of Piedmont
“

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+ relevant project experience
Piedmont Community Aquatic Center, City of Piedmont, CA 1e
1e

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1e. Relevant Project Experience
The following projects represent els+swa teaming eff orts involving aquatic center design and construction, which originated as part of a master planning eff ort for a
community park or campus setting.

Though multiple decades of collaboration, els+swa
have collected a deep portfolio of relevant work, and as requested, we are proud to share some of our recent
award-winning projects:
• elk grove civic aquatic center | city of elk grove
• wellness and aquatics center | cañada college
• piedmont aquatics center | city of piedmont
• miwok aquatics center | college of marin
• california legends aquatics center | university of
california, berkeley
• orange memorial park aquatic center | city of south san francisco
• uytengsu aquatic stadium | university of southern
california
• balboa park pool | city and county of san francisco
• rengstorff park aquatic center | city of mountain view • south oxnard aquatics center | city of oxnard
Community center and/or
Aquatic Facility Planning, Design
and Engineering Expertise
Piedmont Community Aquatics Center, City of Piedmont

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facility’s users was crucial. ELS bisected the one- story 13,000-square-foot complex with a 400-foot-
long white steel trellis shade structure. The trellis defi nes the entry, provides shelter from the sun for
those waiting in the entrance queue outside, and off ers shade along the lap pool on the at-grade deck
and the 50m pool on the lower deck. The project has
been honored with awards from AIA East Bay and
CA Park and Recreation Society.

Completion: 2019 | Client Reference: Alvin Wong, Former City Architect, City of Elk Grove, 916.936.6183
ELS and SWA blended this aquatic center’s sinuous design into a new park plan (by SWA) that refl ects city leaders’ emphasis on improving walkability,
engagement, and access to fi tness. ELS used
community-programming feedback to create multiple
pools for lessons, fun-water and therapeutic activities, plus a 50-meter competition pool for swimming and diving. Located south of Sacramento, Elk Grove
frequently experiences summer high temperatures of more than 100 degrees, thus providing shade for the This new LEED Gold-certifi ed aquatics center replaces a 1967-built gym. ELS+SWA linked the new building to the existing north forecourt plaza, improving campus connectivity. The facility includes two pools, basketball/ volleyball courts with retractable bleachers, a weight room, dance studios, cafe, and locker room facilities for the men’s and women’s basketball and volleyball teams.

It off ers a membership option for the general public, making it the city’s only available public pool. The facility is marked by a three-story-translucent “lightbox” that provides natural light by day and illuminates the core
by night. This project has received awards from the
Community College Facility Coalition, Silicon Valley Business Journal, ENR National, ENR California,
and DBIA Western Pacifi c Region, among others.

Completion: 2021 | Client Reference: Linda Rizzoli, Senior Project Manager, Swinerton - CM for San Mateo County
CCD, 650.218.8726, [email protected]
1 of 10 2 of 10
elk grove civic aquatics center | elk grove, ca
city of elk grove
wellness & aquatics center | redwood city, ca
san mateo county community college district
+ +

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ELS and SWA blended this new aquatics center into a
dense civic core with challenging topogography. Our design and construction oversight scope also includes facilitating community workshops. The project is a unique opportunity to merge a number of recreational resources into a new and inviting wellness hub for the civic center.

The existing Piedmont pool, opened in the 1960s, was a
community hub used by several generations of adults and children, but was shuttered in March 2020 due to aging
equipment and construction. Responding to the outdated
pool and growing demand, a new pool master plan
off ers more water area and a wide variety of options.

The new, LEED Gold-targeted community center will
include a two-story aquatics and community building
with a range of uses.

Completion: 2024 (projected) | Sara Lillevand, City
Administrator (Retired), City of Piedmont, 510.910.1296, [email protected]
This project enhances an under-recognized campus
and generates greater awareness and visibility for the
College of Marin as a whole. The center benefi ts the
public at-large by off ering much sought-after access to a comprehensive health and wellness facility. SWA’s scope connected aquatic center to campus and
created a new campus oval while tying into the olling
woodland site. The state-of-the-art building boasts an Olympic-sized swimming pool, lap pool, dive pool
and dive tower, with a full recreation and wellness center including a gymnasium, areas for cardio,
weights and group fi tness, classrooms, administrative space, outdoor workout studios, and locker rooms.

The adjacent outdoor pools are used for both college
and community aquatics classes, recreation, teams, meets, and camps. The center is designed to be
LEED Gold equivalent, capitalizing on an abundant geothermal resource and an on-campus PV farm.

Completion: 2021 | Client Reference: Greg Nelson,
Assistant Superintendent/Vice President of Administration Services, Marin CCD, 415.883.2211, [email protected]
3 of 10 4 of 10
piedmont community aquatics center | piedmont, ca
city of piedmont
miwok aquatics center | novato, ca
college of marin
+ +

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Cal’s Legends Aquatics Center, a Pac 12 conference
venue for swimming and diving, features a new 50M stretch pool with a two-centerline dive tower, locker rooms, and a multipurpose training room. The design
establishes a connection with the university, creating a regional athletics precinct, and, at night, becomes a glowing beacon activating what was once a dark corner of the campus. The sustainably designed
facility is highly functional, effi cient, and durable, and exceeds sustainability requirements mandated by UC
Berkeley. The project was designed to take advantage
of daylighting—all occupied spaces are daylit using either windows or skylights. Additionally, the project achieves 40% water reduction and utilizes 20%
recycled materials, FSC-certifi ed wood products, and
all low-emitting materials. The project is certifi ed LEED Silver, and has received design awards from AIA East
Bay and Berkeley Design Advocates.

Completion: 2019 | Client Reference: Peter Schnugg,
Client Representative for UC Berkeley, 510.207.4629,
[email protected]
ELS is working with the City of South San Francisco
to develop design alternatives, cost estimates, and construction documentation for this new $34MM
aquatic center. It will include two indoor pools: a warmer pool for therapy and classes and a cooler lap pool.

ELS+SWA blended the aquatic center into Orange
Memorial Park’s master plan and existing circulation
system. Our scope also includes exploring reuse of the existing facility’s footprint. We are working with the community to tailor the project’s characteristics to the needs of various local user groups. The facility will be constructed adjacent to the existing Orange Pool
to allow for its continued operation even during the construction phase. Just like that pool, our new multi- generational facility will be used by residents, non- residents, students, children, adults, and seniors for a variety of aquatic classes, events, and recreational
swim activities.

Completion: 2025 (projected) | Client Reference: Sharon Ranals, City Manager/Chief Sustainability Offi cer, City of South San Francisco, 650.829.3807, sharon.ranals@ssf.
net
5 of 10 6 of 10
california legends aquatics center | berkeley, ca
university of california, berkeley
orange memorial park aquatic center | south san francisco, ca city of south san francisco
+ +

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A renovation and expansion of the former USC
McDonald’s Olympic Swim Stadium, the Uytengsu
Aquatic Center boasts new features including
permanent seating, a new shade canopy, eco-friendly
LED lighting for nighttime events, and an array of student-athlete amenities. The new Center gives USC’s championship intercollegiate aquatic sports programs
a revived presence along McClintock Avenue, the
school’s athletic corridor. large windows on the street allow passersby to see into the center and visually participate in the numerous athletic activities. The Uytengsu Center also boasts the fi rst LED spectator lighting system in the Pacifi c 12 Conference. This creates both signifi cant energy savings and a better light temperature that is more conducive to athletic events from both a spectator and athlete perspective.

LEDs also reduce light leak and the accompanying impact to surrounding areas. The night lighting has doubled the use of the pool from nine to an average of
eighteen hours a day. The project delivery was CMAR.

Completion: 2015 | Client Reference: Mike Mostowitz, Former Development Manager, Capital Projects, USC, 316.461.8391, [email protected]
ELS renovated this heavily used pool building, focusing on essential repairs, upgrading structural, seismic, and environmental systems, pool improvements, and an
overall enhanced user experience. A new inviting entry
was defi ned by a contemporary metal canopy, curving accessible ramp and terraced stairs, welcoming the community into the building. Locker/changing rooms and administrative spaces were reconfi gured, enabling a new, 800-square-foot community area for events and
children’s parties. accessible even when the natatorium is closed. Natural daylight fl oods the entry wing and natatorium, with windows that facilitate views of the park and showcasing activity within the building. The project preserves the best qualities of the original building while respectfully upgrading it to serve as a vital resource
for the community for many years to come. The
renovation has been recognized with design awards
from AIA San Francisco and California Preservation
Foundation. Kuth Ranieri served as our JV partner.

Completion: 2019 | Client Reference: Toks Ajike, Former Director of Capital & Planning, SF Recreation and Park
Department, 510.798.6892, [email protected]
7 of 10 8 of 10
uytengsu aquatics stadium | los angeles, ca
university of southern california
+ balboa park pool | san francisco, ca
city and county of san francisco
+

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ELS has been working with the City of Mountain View to rebuild the Rengstorff Aquatics Center, originally opened in 1959, while threading the new off erings into an existing park. The center had undergone relatively few renovations since it was built, and it was not fl exible or effi cient enough to support the needs of a modern municipal aquatics program. ELS worked with the
City to develop a new program consisting of a new aquatics building that houses a reception space, locker and shower facilities, a multipurpose room for social gatherings, and city offi ces. SWA, meanwhile, was able to save nearly every existing park tree, carefully designed around existing specimens. The new
center will include a 25yd x 25M competition pool, a
4,000sf recreation pool and ample deck and a robust
lawn area accommodating visits by 1,500+ visitors per day. This project is targeting LEED Platinum and
will be the fi rst all-electric outdoor pool in California to utilize electric chillers.

Completion: Fall 2023 (projected) | Client Reference:

David Printy, Senior Project Manager, City of Mountain
View, 650.903.6162, [email protected]
ELS is working with the City of Oxnard on the insertion of this major new aquatic center into an existing sports park, with a scope that includes design, engineering, CEQA analysis, and community outreach. The multi-generational facility, located in the neighborhood of College Park, will provide a crucial opportunity for the public to enjoy aquatics programming, with a user experience distinguished by state-of-the-art design, equipment, and technology. This project is essential in providing a safe place for children and adults to learn how to swim. A lack of swim training means that many Oxnard residents, despite their proximity to some of Southern California’s best beaches, never visit the shoreline. The broad range of programming will include recreation, water fi tness, water safety and training, and competitive aquatics. SWA connected
to the existing park’s auto and pedestrian circulation
while adding key landscape features.

Completion: 2026 (projected) | Client Reference: Nikolas Boas, Supervising Civil Engineer, City of Oxnard,
805.385.7999, [email protected]
9 of 10 10 of 10
rengstorff park aquatics center | mountain view, ca
city of mountain view
south oxnard aquatics center | oxnard, ca
city of oxnard
+ +

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1f
+ references
Veterans Memorial Senior Center and Joint YMCA, City of Redwood City, CA 1f

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“I’ve been in the parks and recreation fi eld for 30 years, and I’ve never worked with a stronger fi rm that has the highest design skills with the vision of the users in mind throughout the entire process.

Equally important has been the project economics and construction costs that are required to get the owner (us as the City) to the fi nish line with a project design that fi ts the budget……ELS quickly earned the trust of city policy makers, staff , and the public with their outstanding communication and accountability throughout each part of the comprehensive process.” – Chris Beth, Director, Parks, Recreation and
Community Services Department, City of Redwood City

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1f. References

CHRIS BETH
DIRECTOR, PARKS, RECREATION & COMMUNITY SERVICES
Organization: City of Redwood City
Project & Cost: Veterans Memorial Senior Center & Joint YMCA | $90MM Contract: Architecture and Landscape Architecture for Community Recreation & Aquatics Center
Phone: 415.780.7253
Website: redwoodcity.org
Email Address: [email protected]
For els+swa

LINDA RIZZOLI
SR. PROJECT MANAGER AND CLIENT REPRESENTATIVE FOR
THREE MUNICIPAL ENTITIES
Organization: Swinerton Management & Consulting
Project & Cost:

1. Canada College Kinesiology and Wellness Building | $90MM

2. Millbrae Recreation Center | $28MM

3. Orange Memorial Park Aquatic Center | $34MM
Contract: Architecture and Landscape Architecture for Community Recreation and Aquatics Centers
Phone: 650.218.8726
Email Address: [email protected]

SARA LILLEVAND
CITY ADMINISTRATOR (RETIRED)

Organization: City of Piedmont
Project &Cost: Piedmont Community Pool | $22MM
Contract & Dates: Architecture Services | 2022-Present
Phone: 510.910.1296
Email Address: [email protected]

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The City is currently collaborating and working with SWA on a critical catalytic project for our Downtown. They have been extremely responsive to our feedback and have always returned with innovative and “game-changing” solutions in a timely fashion.

We have found their quality of work to be beyond exceptional. They brought a sense of personalized uniqueness to our project, reflective our community and situation. We couldn’t have envisioned a better partner and are looking forward to continuing our working relationship as other opportunities arise in the City of Fremont.

- Jessica von Borck, Assistant City Manager, City of Fremont “

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2 Jeffrey Open Space Trail, City of Irvine, CA
+ scope of services and schedule
2 City Council
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75 8/15/2023

”
Legends Aquatic Center gives us more fl exibility. It has helped our student-athletes in a number of ways. We have more ability to have different practice schedules, and more ability to adjust for time confl icts. We also get more space. Our guys are well taken care of in that pool.” - Kirk Everist, Head Coach, Cal Men’s Water Polo, Cal Aquatics “

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2a
+ scope of services
UC Berkeley California Legends Aquatics Center, Berkeley, CA 2a

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“Legends Aquatic Center has provided our aquatic programs the ability to train world-class athletes in a world-class environment. It gives our programs access to more water, allowing us as coaches to train athletes with uncompromising specifi city.”

– Dave Durden, Cal Men’s Swimming Coach and 2020 US Olympic Team Coach

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2a. Scope of Services
els+swa have reviewed Appendix, ATTACHMENT 1, Scope of Work, which is part of RFP Number 23-061. We have given considerable thought to the scope of work described in ATTACHMENT 1, and we look forward to delivering on the spirit and intent of the document, with some modifications that have been proposed under T ab 1e – Understanding of Need, T ab 2b – Schedule and our sealed fee proposal. Without excep- tion, please note that we will manage a process and deliver design product that is responsive to the following main Scope of Work categories outlined in previously referenced, ATTACHMENT 1:

Project scope of work will be composed of two phases:
• Part I, Site Master Plan, required a master plan for the east end of the park.
• Part Il Contract Documents, required for the Aquatics Center compo- nent. Documents will be delivered and based upon standards of the American Institute of Architect.
els+swa will consider existing components of the park, and integrate input collected during the community engagement process that we have outlined under our “Understanding of Need”.
els+swa also understands the following program elements are to be included:

The New Memorial Park Aquatics Center

Building – Public Spaces
• Reception Lobby Area
• Multipurpose Room for Community Meetings, Birthday Parties and Lifeguard Classes
• Locker Rooms and Changing Areas for all users – men, women, families and non-binary users
Building – Staff/City Spaces
• Aquatics Director/Manager’s Office
• Lifeguard Room – perhaps with shower/restroom combination and lockers
• Staff Office
• Breakroom
• Pool Equipment Space
• Storage
Pool Area
• Pool: 50-meter x 25-yard pool (with or without a bulkhead? – Depth to be 7’-0”)
• Pool decking and drainage.
• Deck showers to complement indoor showers.
• Area for Spectators – Bleachers and Lawn Seating?
• Pool and Deck Equipment – Lane Lines and Reels, Flags, Life- guard Chairs, Pool Covers
Memorial Park’s East End – Potential New or Revived
Park Elements
els+swa look forward to honoring the park through a meaningful design element that reinforces the words of former Governor Earl Warren and re- minds us of the ultimate sacrifice made by others for our democracy. Be- ing a part of strengthening the park as a “living memorial” is a big respon- sibility, one that we take seriously in our collaborative process with you.

Active Recreation
• Splash Park area (approximately 1,000 sf)
• Sports courts (basketball, volleyball, hand ball, pickle ball) • Fitness and Workout Areas
• Fitness Circuit Stations about the park
Passive Recreation
• Picnic Areas
• Open Space
• Walkways
• Community Gardening
• Permanent Checkers and Chase Gaming Tables
General Park Improvements
• Band shell and lawn area
• Lighting
• Park signage
• Site Furnishings (benches, picnic tables, trash receptacles, dog waste stations)
• Storm Water Mitigation
• Water Wise Landscaping and automated irrigation
els+swa will consider circulation, safety, security, visibility, emergency action procedures, lighting and apply best practice of CPTED – Crime Prevention Through Environmental Design – essentially making all park areas easily monitored and seen; the key concept here is to make sure the design allows for eyes on the park. Additionally, els+swa will con- sider maintenance, service, and delivery of goods to the park, not only for day-to-day functions, but also for large events like Movies in the Park, USA Swim Meets, Memorial Day and Classic Car Club shows, to name a few.

Schedule
els+swa understands that this project is on an accelerated timeline. we are prepared to assist the city with managing an accelerated timeline with respect to federal deadlines and processes that are linked the project funding by the American Rescue Plan Act (ARPA).

Such that the Contract Documents for Phase I (Aquatics Facility) must be completed and ready for Public Bid Advertisement by April 2024. Please see our proposed schedule and how it aligns with this requirement.

Per our response to “Understanding the Need,” our proposed schedule and our fee proposal package, we will be delivering service based on the following:

PART I: CONCEPT PLANNING
Task 1: Preliminary Concept Planning
Task 2: Final Concept Plan
PART II: CONTRACT DOCUMENTS
A. PROJECT COORDINATION. els+swa will manage, coordinate, pro- duce documents for the work outlined above and pursuant the industry standards and as recognized by the American Institute of Architects.

B. RECORDS RESEARCH. els+swa and their consultants will research information pursuant the industry standards and as recognized by the American Institute of Architects.

C. SURVEY (if necessary). els+swa will assist the city in generating the limits of survey information needed to complete this assignment. We understand that all survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microsta- tion V8i Computer Aided design and Drafting (CADD) format. The hor- izontal datum shall be NAD 83 and the vertical datum shall be NAVD

88. D. PERMIT(s). els+swa will provide documentation necessary to secure construction permits required for this project. At this time, we under- stand this will include a Building Permit from the City of Santa Ana and a permit from the County of Orange, Department of Health for Swim- ming Pool Construction. els+swa will prepare all technical documents, and we suggest working with the CMAR, the city’s project manager and els+swa to determine the best route for the actual application of per- mits. CEQA and NEPA application will be handled as outlined in Rin- con’s proposal.

E. PHASING: els+swa looks forward to collaboratively preparing a phas- ing plan that will lead to the full development of the approved Master Plan and prepare the contract document (PS&E) package. We under- stand, that at minimum, Phase I shall include the new and reimagined Memorial Park Aquatics Center and associated site work and parking, identifying the accessible Path of Travel that is compliant with the California Building Code. Further, we will assist the city with securing a Construction Contract for Phase I by December 2024.

F . PROJECT DELIVERY: els+swa understands that the City of Santa Ana is considering, but is not committed to, utilizing a Construction Manager at Risk (CMAR) delivery method. And that if the city chooses to move forward with a CMAR delivery method, the CMAR will be retained by City to be part of the project team immediately following completion of T ask 1 (30% documents). Further, els+swa understands that the CMAR will provide review and comment on our documents and that els+swa will incorporate this input by the CMAR during T asks 2 and 3 (60%, 90%, 100% documents). els+swa has significant experience with the CMAR or similar delivery process exceeding $500MM in construction

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value. We are comfortable and ready to produce within a CMAR deliv- ery framework.

G. PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E): T asks 1-3 els+swa intend to deliver on the following as described in our “Under - standing of Need,” our schedule and our fee proposal.

PART I
30% PS&E (Preliminary Design/Concept Planning)

PART II
60% (Design Development),
90% & 100% PS&E (Contract Documents)
OPTIONAL SERVICE: Construction Support Phase
GENERAL REQUIREMENTS
els+swa would like to discuss some of the general requirements listed under this heading, which seem to reference a construction contract, as opposed to a professional design services agreement. Specifically on issues of “inspections of work” and “fee retention”. We have never come across such issues on any of our contracts with municipalities throughout California. If we are selected as your architect, we would appreciate an opportunity to discuss these requirements further and in advance of exe- cuting our agreement for professional design services.

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2b
+ schedule
Ricardo Lara Linear Park, City of Lynwood, CA
2b

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2b. Schedule
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1-Sep
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6-Oct
13-Oct

PART I - CONCEPT PLANNING
30%
Project Award
July 2023
TASK 0 CEQA/NEPA

CEQA/NEPA
Rincon’s work scope involves the preparation of an IS-MND CEQA and an EA under NEPA. We anticipate that these are the appropriate CEQA and NEPA documents; however, if our analysis determines that the project may have a potential significant and unavoidable environmental impact, we will contact you immediately to determine an appropriate course of action, including preparation of a project EIR, if warranted.

ELS TASK 0.1 Project Initiation and Kickoff Meeting
ELS TASK 0.2 Technical Assessments
ELS TASK 0.2.1 Cultural Resources Technical Report
(Required for NEPA and CEQA compliance)
The following assessments and analysis are required for CEQA compliance ELS TASK 0.2.2 Transportation Impact Assessment
ELS TASK 0.2.3 Air Quality/GHG Emissions Report
ELS TASK 0.2.4 Biological Resources Report
ELS TASK 0.2.5 Geology and Soils Report
ELS TASK 0.2.6 Noise
ELS TASK 0.3 NEPA Compliance
ELS TASK 0.3.1 Administrative Draft EA/FONSI (Round 1)
CITY REVIEW - 3 WEEKS
ELS TASK 0.3.2 Administrative Draft EA/FONSI (Round 2)
CITY REVIEW - 2 WEEKS
ELS TASK 0.3.3 Public Review Draft and Final EA/FONSI
ELS TASK 0.4 CEQA Compliance
ELS TASK 0.4.1 Administrative Draft IS-MND (Round 1)
CITY REVIEW - 3 WEEKS
ELS TASK 0.4.2 Administrative Draft IS-MND (Round 2)
CITY REVIEW - 2 WEEKS
ELS TASK 0.4.3 Public Draft IS-MND + NOI Submitted for 30-day review period Draft Response to Public Comment
ELS TASK 0.4.4 Final IS-MND and MMRP
ELS TASK 0.5 Public Hearings and Notice of Determination TASK 1 PRELIMINARY CONCEPT PLANNING
ELS TASK 1.1 Project Understanding and Program Confirmation ELS TASK 1.1.1 Background Document Review/Site Reconnaissance ELS TASK 1.1.2 Opportunities and Constraints Analysis
ELS TASK 1.1.3 Draft Program Based upon RFP Information ELS TASK 1.2 Kickoff, Site Walk, Assessment and Program Analysis ELS TASK 1.2.1 Project Kick-Off Meeting/Site Walk
ELS TASK 1.2.2 Coordination with Santa Ana PWA, PSD
ELS TASK 1.3 Community Outreach, Engagement, Programming and Concept Design ELS TASK 1.3.1 Coordinate with Key Stakeholders
ELS TASK 1.3.2 Develop Community Outreach Plan
ELS TASK 1.3.3 Community Workshops/Charrettes/Program and Concept Development ELS TASK 1.3.3.1 Community Workshop No. 1 - Open House/Gallery Walk ELS TASK 1.3.3.1.1 Development of Concept Alternatives
ELS TASK 1.3.3.2 Community Workshop No. 2 - Presentation of up to 3 Concept Alternatives ELS TASK 1.3.3.2.1 Development of Preferred Concept
ELS TASK 1.3.3.3 Community Workshop No. 3 - Presentation of Preferred Concept Alternative ELS TASK 1.3.4 Develop an Online Presence and Survey
TASK 2 FINAL CONCEPT PLAN
ELS TASK 2.1 Final Master Plan and Concept Phase Documents + Cost Estimate ELS TASK 2.2 CMAR Review and Input
ELS TASK 2.3 Commission Meeting No. 1 - CEQA Public Hearing #1 ELS TASK 2.4 City Council Approval for Concept Design

CONFIRM

PROGRAM
COMMUNITY WORKSHOP #1: GALLERY WALK

KICKOFF

MEETING
SITE WALK‐

THROUGH

CONCEPT DESIGN
ENVIRONMENTAL STUDIES
COMMUNITY WORKSHOP #2: MASTER PLAN AND CONCEPT

ALTERNATIVES
COMMUNITY WORKSHOP #3: PREFERRED MASTER PLAN AND AQUATICS CONCEPT FINAL MASTER
PLAN

AQUATICS

CONCEPT
CMAR REVIEW AND INPUT
COMMUNITY OUTREACH/ENGAGEMENT
PROGRAMMING CONCEPT DESIGN
CEQA/NEPA PROCESS INTENSIFIES UPON COMPLETION OF SCHEMATIC DESIGN, WHICH SERVES AS THE "PROJECT DESCRIPTION" CEQA/NEPA PROCESS COINCIDES WITH 90% COMPLETION OF CONSTRUCTION DOCUMENTS AND HEADS TO CITY COUNCIL FOR CERTIFICATION. IN ADDITION, THIS COULD BE AN OPPORTUNITY TO SEEK "PROJECT APPROVAL", "ADVERTISING FOR BID".

PART 1 ‐ CONCEPT PLANNING ‐ 13 WEEKS

COMMISSION
CITY COUNCIL APPROVAL

PROJECT AWARD
TECHNICAL ASSESSMENTS
NEPA COMPLIANCE

CEQA COMPLIANCE

TECHNICAL ASSESSMENTS
MASTER PLAN
AND CONCEPT

ALTERNATIVES

PREFERRED
MASTER PLAN
AND CONCEPT
MEMORIAL PARK MASTER PLAN AND REIMAGINED AQUATIC CENTER - Part II

CITY OF SANTA ANA
5/30/2023, 6:22 AM

City Council
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2023 2024 22002255 22002255
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13-Oct
PART II - CONTRACT DOCUMENTS - 29 Weeks
60%, 90%, 100%
TASK 3 ELS TASK 3.0 DESIGN DEVELOPMENT PHASE - 9 Weeks
60% + CMAR REVIEW AND INPUT
ELS TASK 3.1 Prepare Design Development Phase Cost Estimate ELS TASK 3.2 CMAR Review and Input
ELS TASK 3.3 Commission Meeting No. 2 - CEQA Public Hearing #2 (If needed) ELS TASK 3.4 City Council Approval for Design Development TASK 4 ELS TASK 4.0 CONSTRUCTION DOCUMENTS PHASE (PRE-FINAL) - 9 Weeks 90% + CMAR REVIEW AND INPUT
ELS TASK 4.1 Prepare Design Development Phase Cost Estimate ELS TASK 4.2 CMAR Review and Input
ELS TASK 4.3 Commission Meeting No. 3
ELS TASK 4.4 City Council Approval for Design Development TASK 5 ELS TASK 5.0 CONSTRUCTION DOCUMENTS PHASE (FINAL) - 11 Weeks 100% + CMAR REVIEW AND INPUT
ELS TASK 5.1 Prepare Design Development Phase Cost Estimate ELS TASK 5.2 CMAR Review and Input
TASK 6 ELS TASK 6.0 ADVERTISE AND BID PHASE
City Council Awards Project

OPTIONAL SERVICE - CONSTRUCTION SUPPORT
Construction Duration 16 Months

COMMISSIONING

PROJECT DURATION
Meetings/City Coordination/Presentations/Construction Site Visits 7-Jan
14-Jan
21-Jan
28-Jan
4-Feb
11-Feb
18-Feb
25-Feb
3-Mar
10-Mar
17-Mar
24-Mar
31-Mar
7-Apr
14-Apr
21-Apr
28-Apr
5-May
12-May
19-May
26-May
2-Jun
9-Jun
16-Jun
23-Jun
30-Jun
7-Jul
14-Jul
21-Jul
28-Jul
4-Aug
11-Aug
18-Aug
25-Aug
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8-Sep
15-Sep
22-Sep
29-Sep
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13-Oct
20-Oct
27-Oct
3-Nov
10-Nov
17-Nov
24-Nov
1-Dec
8-Dec
15-Dec
22-Dec
29-Dec
5-Jan
12-Jan
19-Jan
26-Jan
2-Feb
9-Feb
16-Feb
23-Feb
2-Mar
9-Mar
16-Mar
23-Mar
30-Mar
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13-Apr
20-Apr
27-Apr
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11-May
18-May
25-May
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15-Jun
22-Jun
29-Jun
6-Jul
13-Jul
20-Jul
27-Jul
3-Aug
10-Aug
17-Aug
24-Aug
31-Aug
7-Sep
14-Sep
21-Sep
28-Sep
5-Oct
12-Oct
19-Oct
26-Oct
2-Nov
9-Nov
16-Nov
23-Nov
4-Aug
11-Aug
18-Aug
25-Aug
1-Sep
8-Sep
15-Sep
22-Sep
29-Sep
6-Oct

COMMUNITY WORKSHOPS

CMAR - UPDATE/REVIEW/INCORPORATE
Commissions
City Council Approval and Updates
Semi-Monthly Coordination Meetings with Staff - Santa Ana PWA, PSD Meetings with Santa Ana Authority Having Jurisdiction - Building and Fire Official Pre-Bid Conference
Construction Meetings - Every Two Weeks
DESIGN DEVELOPMENT
60%
CITY COUNCIL AWARDS CONTRACT
OPTIONAL SERVICE ‐ CONSTRUCTION SUPPORT FOR 16 MONTHS
MONTHLY CA SITE VISITS
CONSTRUCTION DOCUMENTS
90%
60%
ENVIRONMENTAL STUDIES
95%
BUILDING AND FIRE
OFFICIAL CHECK‐IN
BUILDING AND FIRE OFFICIAL
CHECK‐IN
BUILDING AND FIRE
PERMIT IN‐TAKE
CD'S
100%
PART 2 ‐ CONTRACT DOCUMENTS ‐ 29 WEEKS
BID
CMAR REVIEW AND INPUT

COMMISSION
CITY COUNCIL APPROVAL
CMAR REVIEW AND INPUT

COMMISSION
CITY COUNCIL
CERTIFIES CEQA/NEPA
DOCS AND APPROVES
PROJECT AND
AUTHORIZES BID
CMAR REVIEW AND INPUT
CMAR "pre‐bid"
els/swa site visit
els/swa virtual visitPre‐Bid
CONSTRUCTION START SUBSTANTIAL COMPLETION
GRAND OPENING
MEMORIAL PARK MASTER PLAN AND REIMAGINED AQUATIC CENTER - Part II & Optional Construction Support

CITY OF SANTA ANA
5/30/2023, 6:21 AM

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3 Balboa Park Pool, City and County of San Francisco, CA + fee proposal
3 City Council
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3. Fee Proposal
Please see separate sealed envelope labeled as follows:
"SEALED PROPOSAL FOR

ARCHITECTURAL DESIGN SERVICES

FOR A NEW AQUATICS FACILITY & PARK MASTER PLAN

AT MEMORIAL PARK
RFP NO. 23-061

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Suzi Furjanic
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701

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Four months after it opened in a troubled neighborhood that outsiders avoid, the East Oakland Sports Community Center still looks great: streamlined and shiny, affirmative and bright…What has come to pass is a triumph. Who knows? Some young users are bound to stare in delighted wonder at their new home away from home. Some might even dream of becoming architects themselves.”
- John King, San Francisco Chronicle
“

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4 East Oakland Sports Center, City of Oakland, CA
+ certiﬁ cations 4

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4. Certifications
XXXXXX Texas
Harris
30th May 23
Clarence Donato Mamuyac Jr.
,Online Notary Public
Produced ___________________ as identification along with multi-factor KBA authentication. California Driver License This notarial act was an online notarization via two-way webcam and audiovisual technology. 05/30/2023
ELS Architecture and Urban Design
26 May 23
President/CEO
May 26, 2023

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ELS Architecture and Urban Design
May 26, 2023
President/CEO

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“Community engagement is at the forefront of this project because we see it as a 100-year investment in North Portland. This facility will address historical gaps in access and service quality for the community. I’m thankful for the thoughtful and considerate input that community members are providing Portland Parks & Recreation.” - Dan Ryan, City of Portland’s Commissioner of Culture & Livability, on a community engagement process led by ELS Architecture and Urban Design delivering concept designs for three sites.

Final site and design announced June 1, 2023.
“

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BERKELEY | 510.549.2929
2040 Addison Street
Berkeley, CA 94704
SACRAMENTO | 916.301.4411
800 Howe Avenue, Suite 330
Sacramento, CA 95825
LOS ANGELES | 213.348.1155
950 S. Grand Avenue, Suite 400
Los Angeles, CA 90015

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EXHIBIT C

CONSULTANT’S FEE PROPOSAL
(including hourly rates if applicable)

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July 17, 2023

City of Santa Ana
Public Works Agency; M-22
20 Civic Center Plaza, Ross Annex
Santa Ana, CA 92701
Attention: Suzi Furjanic

Subject: Response to Request for Proposal (RFP)
REVISED Proposal for Professional Design Fees
Architectural Design Services for Park Master Plan & New Aquatics Facility at Memorial Park
RFP No.: 23-061

Dear Ms. Furjanic,

ELS Architecture and Urban Design, as the prime consultant for the association of els+swa, is pleased to submit our proposed revised fees to provide professional services for Architectural Design Services for the Park Master Plan & New Aquatics Facility at Memorial Park. This proposal includes our assumptions; our fees broken down by phases, our description of reimbursable expenses; our list of potential additional services; our list of exclusions/provisions; and requests made during our conversation with you and Mr. Mike Ortiz last Friday morning.

ASSUMPTIONS

We understand to date that the City of Santa Ana has identified, per your email last Friday, a $12M overall construction budget for the initial phase of the master plan implementation, the aquatic center.

In determining a revised fee for PART 1, Concept Planning, we have based our fees upon the Master Plan Concept that was presented during our interview and attached herewith at Exhibit A. It is our understanding that the city is excited by the vision that we presented, and in general, the city looks forward to advancing this concept as the final Master Plan, with the following considerations:

1. Potential options for a two-pool facility, thus allowing for an initial construction phase to include one of two pools, with a smaller building. In a future phase, a second pool could be added, as well as the expansion of the building to accommodate the extra building space required by the second pool. This is an important option to consider meeting the $12MM construction budget, while maintaining the vision of the els/swa master plan vision presented during our interview.

As I shared, a phased, two-pool master plan could also provide for a richer and more diverse community aquatics center, offering a broader range of aquatics participation over a single 50m pool, which exists today. I’m attaching plans of our aquatic centers for the City of Piedmont and the City of Mountain View to give you and your colleagues a sense of what a two-pool center offers.

2. We will also carry the original single 50m pool concept, as presented during our interview.

We will provide conceptual cost estimate of both the single 50m pool concept, and a first

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phase of the two-pool center concept – this will give you and the city a clear sense of construction costs for both ideas, which we understand as critical information necessary for you to provide us with a final direction on how to move forward on PART II.

3. We understand that a splash pad component is desirable, too, and we will maintain the splash pad in the single 50m pool concept master plan as presented during our interview.

Additionally, we will include a splash pad in the Two-Pool Master Plan Concept. For the two-pool concept, the splash pad will also remain as part of the programming, and consideration will be given to possibly including the splash pad within the PART II scope, all depending upon budget and discussion with the city.

4. As directed, we will eliminate the CEQA effort and assistance from our scope, as we understand the city will execute that effort internally.

5. We understand the Community Engagement scope will be brief and include our participation in a single event at the “Last Swim at Memorial Pool”, an event that will precede the decommissioning of the pool. ELS+SWA will be in attendance with a combination of graphic displays, surveys, and other materials to aid in collecting and soliciting community feedback on the future Memorial Park Aquatic Center.

For PART II – Contract Documents for the Aquatic Center, we have developed a rough order of magnitude (ROM) construction cost to assist us in determining professional fees.

Generally, comprehensive architecture and engineering service fees for a new aquatic center range within 11% to 13% of the construction costs. Based upon our Friday conversation, we are basing our professional design fees on a $12MM Construction Budget. Should the budget be increased with a commensurate increase in scope and program, our fees will also need to be adjusted. Our fees include the following:

Pool Concept Master Plan Options –

o Option 1 - Single 50m Pool Concept: This concept was presented during our interview and aligns with the original RFP direction. However, it may be difficult to achieve a 50M pool, plus required support building within a $12MM construction budget.

o Option 2 - Two Pool Concept: Two pools will replace the single 50m pool shown in our interview master plan concept with a new 25-meter Pool x 25- yard pool and an approximately new 3,500sf fun-water pool, and standard pool equipment for each. However, only one of these pools and a commensurately sized building shall be included in Part II, Contract Documents. We believe a smaller building and smaller pool will give us an opportunity to deliver a Phase I construction plan within the $12MM construction budget.

In addition, the following scope is included in our fees:

 demolition of existing Memorial Pool Facility;
 site preparation for new aquatic center (area assumed to be less than an acre) – limits defined by a line completely surrounding the proposed aquatic center (building and

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pool), 5 feet beyond the pool fence enclosure and building – parking area is excluded from PART II;
 new pool building of approximately 7,000 sf. - the building will include the essential programming components (locker rooms, restrooms, showers, administration/lifeguard area and weather-exposed/visually screened pool equipment) for size(s) of pool(s) described above. Still to be determined, are the inclusion of a community meeting/party room space, and restrooms for access via the park;  new concrete pool decking;
 new landscaping within the aquatic center boundary described above;  still to be determined is the extent of how much of the trellis feature from the interview concept master plan can be built in the first phase of $12MM; and  escalation at 6% per annum to the mid-point of construction – January 2025.

(The $12MM does not include expenses known in the industry as “Soft Costs”)

Of course, our cost estimate efforts thus far are very preliminary, and are subject to change as more information becomes available. Meanwhile, scoping the construction value for other park improvements, beyond the new Memorial Aquatics Center, is difficult until more information is gathered during the PART I effort.

Therefore, our professional design fees for the PART II effort are based upon the construction value of $12MM for the new aquatics center.

DESIGN SCHEDULE
Per the schedule we have included in our original response to the Request of Proposals and as modified herein. Specifically, the schedule has been shortened by the general acceptance of the Concept Master Plan and Aquatic Center Design that was presented during our interview, as well as an abbreviated Community Engagement Process that will be addressed in a single event on August 12, 2023 – The Final Swim at Memorial Pool. A revised schedule will be provided by Monday, July 24, 2023 acknowledging these changes.

PROJECT SCOPE
Per our response to this Request for Proposals and as qualified herein.

PROFESSIONAL DESIGN FEES
We are proposing Basic Services as the following Lump Sum Fee amounts, by part and task, to be invoiced monthly, on a percentage complete basis.

Our lump sum amounts are based upon attached hourly rates and anticipated work is as follows:

Part I – 30% - Concept Planning

Preliminary Planning and Final Concept Design $ 336,600 $ 336,600

Part II – Contract Documents

60% - Design Development $ 360,000
90% - Construction Documents – Pre-Final $ 432,000

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100% - Construction Documents – Final $ 71,000
(Includes Bid Support per Addendum #2)
______________________________________________________________ $ 863,000
Total Part I + Part II $1,199,600
Optional Construction Support $ 288,000

REIMBURSABLE EXPENSES
Reimbursable expenses shall be billed at cost times 1.1 and shall include actual expenditures made in the interest of the project, in the following categories:

1. Outside consultants beyond those listed in our original proposal;

2. Expense of transportation and living expenses in connection with out-of-town travel, as authorized by the Client;

3. Reproduction and photography;

4. Postage, shipping, and delivery;

5. Fees paid for securing approval of authorities having jurisdiction over the project; and

6. Professional renderings and models as requested by the Client.

We typically advise our clients to anticipate a budget for reimbursable expenses that is approximately 4% of our overall professional design fees. This budget is not within the PART I, PART II or Optional Construction Support Services Lump Fee amounts. We understand that if the reimbursables budget needs increasing, upon mutual agreement by the City and ELS, the increase will occur via an Additional Services Request.

POTENTIAL ADDITIONAL SERVICES

1. Project scope in addition to that described in the RFP.

2. Work and scope to be performed by any consultants not included in this RFP response.

3. Expedited Schedule, including fast-tracked, multiple early bid and construction packages.

4. Negotiating entitlement agreements, variances with city agencies, and design review approval submittals and presentations are to be provided as an additional service.

5. Life-Cycle Cost Analysis to determine economic viability of an all-electric aquatic center approach. If such an approach is deemed feasible and desirable, then additional architecture and MEP engineering fees will be required to implement all-electric approach.

Currently, the base building and pool design includes gas heating.

6. LEED documentation and certification effort, above and beyond the Schematic Design phase analysis. A proposal to provide registration and certification documentation with the US Green Building Council can be provided upon request.

7. Preparing phased construction documents requiring issuance of separate multiple packages.

8. Providing additional professional renderings or models beyond those listed in the RFP.

Renderings beyond those mentioned in the RFP will be charged at a flat rate of $2,500 per renderings and will be invoiced against the Reimbursables Budget.

9. Building code variances or modifications, if required, will be provided as an additional service.

10. Providing operational analysis (Revenue and Expense Projections) by BAE.

Reimbursable Expenses $ 59,504

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EXCLUSIONS/PROVISIONS
The following items of work are excluded from our services:

1. Removal of hazardous materials;

2. Geotechnical Investigations or reports;

3. Land Survey of existing conditions, including boundary, topography, structures, etc.;

4. Obtaining and paying for construction permits;

5. ADA and/or access compliance survey of existing conditions; and

6. Unless otherwise provided, ELS and its Consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances.

ACKNOWLEDGING RECEIPT OF ADDENDA
Lastly, we acknowledge receipt of Addendum #1, dated May 8, 2023, and Addendum #2, dated May 30, 2023.

We look forward to participating in your next steps. Should you have any questions, or require any additional information regarding our fees, please do not hesitate to contact me at [email protected], my mobile 510.684.1159, or office 213.348.1155.

Respectfully Submitted,
ELS ARCHITECTURE AND URBAN DESIGN for the Association of els+swa.

Clarence D. Mamuyac, Jr., FAIA, LEED AP BD+C, NCARB
President and CEO/Project Principal

Attachments:

Memorial Master Plan and Aquatic Center Design, City of Santa Ana Site Plan – Rengstorff Aquatic Center, City of Mountain View Site Plan – Piedmont Community Pool, City of Piedmont
ELS Billing Rates – See Original Submittal

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EXHIBIT D

FEDERAL CONTRACT PROVISIONS

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EXHIBIT D

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

1. REQ

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

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

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

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

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

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

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

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

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

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shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) A
ppendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued purs uant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant

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further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I ) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) A
ppendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this A greement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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

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

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

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

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

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

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

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

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

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

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

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

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

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

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

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

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

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Public Works Agency
https://www.santa-ana.org/public-works
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: On-Call Stormwater Project Design Services

AGENDA TITLE
Approve Agreement Amendments with On-Call Stormwater Project Design Consultants

RECOMMENDED ACTION
Authorize the City Manager to execute a first amendment to the agreements with Tetra Tech, Inc., CWE, and Stantec Consulting Services, Inc. to increase the total expenditure amount for the remaining term of the agreement ending October 19, 2023, and for the optional two-year extension period through October 19, 2025, by an aggregate amount of $2,000,000, for a total amount not-to-exceed $4,000,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On October 20, 2020, the City entered into agreements with Tetra Tech, Inc., CWE, and Stantec Consulting Services, Inc. for On-Call Stormwater Project Design services.

These consultants have assisted the City with numerous projects and have helped secure $13.4 million in competitive statewide grant funding for stormwater capture, flood reduction, and urban greening projects. These multi-benefit projects help improve water quality, increase local water supplies, reduce flooding, address climate change, and provide new recreational opportunities for Santa Ana residents.

There is a need to amend these agreements to increase the total expenditure capacity and continue with design and implementation of several stormwater projects (Exhibit 1- 3). The optional two-year extension period is also being exercised and has been incorporated into the agreement amendments, extending these agreements until October 19, 2025.

FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, the Public Works Agency staff must receive Finance and Management Services Agency approval of funding and accounts to be used to ensure funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued to a firm. The total expenditure

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Agreement Amendments with On-Call Stormwater Project Design Consultants August 15, 2023

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Santa Ana City CouncilAugust 15, 2023

Santa Ana City Council
August 15, 2023