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HomeMy WebLinkAboutSOUTHERN CA ASSOCIATION OF GOV'T (SCAG)City of Santa "` na t Clerk of the Cou...:il AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. A-2017-358 (List all amendments. Revised: 10-18-16 cult- umce use uniy City of Santa Ana JUL 012021 Clerk of the Council was completed on `/ and final payment has been made. Use space below if needed.) Department: (�l � - ` LA WIN Phone/Ext.: Signature: Date: INSURANCE NOT, REQUIRED Please return an original A-2017-358 WORK MAY PROCEED CI..ERK Or COUNiiII-�y"1 (� P-' MAY j % 2018 executed agreement to our office (M-30/T11) COVER PAGE MEMORANDUM OF UNDERSTANDING o i�5 A (z') No. M-011-18-00 SCAG Overall Work Program (OWP) No: 275-4823U3.01/4823E.01 Federal Awarding Agency: N/A (State and local Funds) CFDA Number and Name: N/A (State and local Funds) Federal Award Identification Number (FAIN) No: N/A Federal Award Date: N/A Total Amount of the Federal Award: N/A Federal Award Project Description: N/A Pass -Through Awarding Agency: California Department of Transportation (Caltrans) Pass -Through Award No: 74AO822 Pass -Through Award Date: January 1, 2015 Pass -Through Agency Contact: Linda Taira, Branch Chief, Caltrans District 7 Sub -Recipient Name: City of Santa Ana Sub -Recipient's DUNS No: 083153247 Total Amount of Federal Funds Obligated to the Sub -Recipient: $0.00 Total Amount of Non -Federal Funds Obligated to the Sub -Recipient: $325,000.00 (SB1 - $287,723 and TDA - $37,277) Subaward Period of Performance Start Date: Effective date of MOU Subaward Period of Performance End Date: December 31, 2019 Project R&D: N/A Indirect Cost Rate for the Federal Award: N/A Subaward Project Title: Santa Ana Envisioning Sustainability Together Subaward Project Description: The City of Santa Ana will update the City's Land Use Plan by locating and vetting key nodes for economically viable and environmentally sustainable infill development, determine land use capacity, and growth opportunities along key transit corridors (hereinafter referred to as "Project" or "Study"). This Study will evaluate green retrofit opportunities and present concept -level visual simulations for each land use alternative to ensure that efforts to reduce VMT & GHG rates are embraced by residents as part of a Complete Community. The City of Santa Ana has partnered with the Orange County Transportation Authority (OCTA) to begin developing last -mile connections to support transit along the 4.1 mile route of the OC Street Car connecting the Santa Ana Regional Transportation Center to Garden Grove. This route is expected to carry more than 7,500 daily riders; reducing 539,000 tons of GHG emissions over the next 50 years. The Study will identify opportunities for high density infill development to further reduce GHG emissions and VMT along connected HQTA transit corridors. MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01 MEMORANDUM OF UNDERSTANDING No. M-011-18-00 BETWEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND THE CITY OF SANTA ANA FOR SANTA ANA ENVISIONING SUSTAINABILITY TOGETHER (SCAG Project/OWP No. 275-4823.01) This Memorandum of Understanding ("MOU" or "Agreement") is by and between the Southern California Association of Governments ("SCAG") and City of Santa Ana ("CITY"), for Santa Ana Envisioning Sustainability Together, subsequently herein referred to as "Project." SCAG and CITY are individually referred to herein as "Party" and may be collectively referred to herein as "Parties." RECITALS WHEREAS, SCAG is a Joint Powers Agency and a federally designated Metropolitan Planning Organization (MPO) for Southern California. As an MPO, SCAG is primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura; WHEREAS, SCAG has also initiated its Sustainability Planning Grant Program ("Sustainability Program") to assist Southern California jurisdictions in evaluating planning options and stimulating development consistent with SCAG's RTP/SCS and the region's overall planning goals. SCAG's Sustainability Program support visioning efforts, infill analyses, economic and policy analyses, and marketing and communication programs; WHEREAS, pursuant to its amival Overall Work Program (OWP), SCAG will be engaged in activities and projects that will require certain technical, professional, or support services from time to time related to its work regarding the RTP/SCS and the Sustainability Program; WHEREAS, the CITY will update the CITY's Land Use Plan by locating and vetting key nodes for economically viable and environmentally sustainable infill development, determine land use capacity, and growth opportunities along key transit corridors ("Project") ; WHEREAS, through its Sustainability Program, SCAG has awarded the CITY grant funds to pursue the Project which supports the goals and policies of SCAG's 2016 RTP/SCS; WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties, which includes SCAG to provide funding for the Project; WHEREAS, SCAG shall provide funding for the Project using grant funds awarded to SCAG as part of Senate Bill 1 (SB 1) or the "The Road Repair and Accountability Act of 2017." SCAG amended its OWP for Fiscal Year 2017/2018 to include the -SB funding, with said amendment approved by the State on February 21, 2018; May 9, 2018 Page 2 MOU No.:M-01 1-18-00 SCAG ProjecUOWP No.:275-4823.01 WHEREAS, on December 19, 2017, CITY awarded, and entered into contracts on March 16, 2018, with MIG, AECOM and Placeworks (individually referred to as "Consultant" or collectively as "Consultants"), respectfully, to perform the services required for the Project as identified in the Scope of Work, attached hereto and incorporated herein by this reference in Exhibit "A.". The Tasks within the Scope of Work details the services to be performed by Consultants to complete the Project. Copies of the Consultants' contracts with CITY are attached hereto as Exhibit `B"; WHEREAS, SCAG shall contribute a maximum, not to exceed amount of Three Hundred Twenty -Five Thousand Dollars ($325,000) towards the total value of the Consultants' contracts to be used solely for the Project, using State and Local Transportation Funds for the Project; WHEREAS, CITY shall contribute Thirty Thousand Five Hundred Seventy Dollars ($30,570) towards the total value of the Consultants' contracts to be used solely for the Project; WHEREAS, CITY shall pay Consultants for services rendered pursuant to the CITY's contracts with Consultants, and thereafter seek reimbursement from SCAG in accordance with Section 6 in this MOU; WHEREAS, CITY's designated project manager, in coordination with SCAG's designated project manager, will ensure the Scope of Work described in Exhibit A is performed and the required deliverables are provided by the Consultants; WHEREAS, performance by Consultants will begin on the dates indicated in the CITY's contracts with Consultants and shall be completed by March 16, 2020; WHEREAS, reimbursable activities by SCAG will begin on the Effective Date of this MOU and continue until December 31, 2019; WHEREAS, this MOU shall supersede and replace any previous agreements or negotiations between SCAG and CITY related to the Project; described herein; and WHEREAS, SCAG's Fiscal Year is from July 1 through June 30. NOW THEREFORE, IT IS MUTUALLY AGREED THAT: 1. MOU Contents This MOU is comprised of these terms and conditions and any attached Exhibits, and may be amended only by written agreement between SCAG and CITY. Such terms and conditions may be subject to change. The Recitals to this Agreement are also incorporated herein by this reference. 2. Scope of Work a. The Consultant, procured by the CITY in accordance with applicable procurement requirements and policies, shall perform the Scope of Work described in Exhibit A, in accordance with applicable Federal and State requirements, including but not limited to the requirements set forth in Sections 7, 12, 13, 14 and 15 of this MOU. May 9, 2018 Page 3 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01 b. SCAG shall only be obligated to make payment to the CITY for work performed as part of Exhibit A regarding the Project, up to the maximum amount of Three Hundred Twenty -Five Thousand Dollars ($325,000). SCAG intends to use State and Local Transportation Funds to meet its fruiding obligations described herein. The CITY hereby verifies that it procured or shall procure the Consultants to perform the Scope of Work through a competitive process involving preparation and issuance of a Request for Proposal (RFP). The CITY shall provide SCAG with a copy of its Notice to Proceed issued to the Consultant and other related documentation of compliance with applicable procurement requirements and terms and conditions of this MOU. d. Subject to the execution of a valid, enforceable contract between CITY and Consultant, CITY shall be responsible for managing the Consultant in performing the Scope of Work described in Exhibit A, with written Quarterly Reports provided to SCAG's Project Manager. CITY's and SCAG'S Project Manager shall review, approve and pay Consultant's invoices. e. CITY's Project Manager shall have final approval of Consultant's deliverables; provided, however, that prior to approving a deliverable from the Consultant, CITY's Project Manager will consult with SCAG's Project Manager and provide copies of all deliverables to SCAG's Project Manager and SCAG's Grant Administrator. In the event that CITY or its Consultants propose an amendment to the Consultant's contract with respective Consultant which changes the terms of Consultant's contract with CITY, including but not limited to, increases the value of the contract amount and/or modifies the Scope of Work, CITY shall notify SCAG's Project Manager in writing prior to execution of such amendment and provide SCAG with copy of amendment. SCAG may propose an amendment to this Agreement, if necessary, consistent with any executed amendments to the Consultant contract. f. SCAG's Project Manager shall be notified and invited to: the kick-off meeting with the Consultant, all steering or technical advisory committee meetings, all public engagement outreach events, and all City Council or Commission meetings where the Project in whole or in part is being presented or discussed. 3. Term The Term of this Agreement shall begin on the Effective Date of the Agreement and continue until December 31, 2019, hereinafter referred to as the "Completion Date," unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU. 4. Program Management a. All work under this MOU shall be coordinated with SCAG and CITY through the Project Managers. b. For purposes of this MOU, SCAG designates the following individual as its Project Manager: Marco Anderson Program Manager I Phone: (213) 236-1879 May 9, 2018 Page 4 MOU No. :M-011-18-00 SCAG Project/OWP No.:M-A823.01 anderston@scag.ca.gov In addition, SCAG designates the following individual as the Grant Administrator for the MOU: Kana Sato -Nguyen Senior Budget and Grants Analyst Phone: (213) 236-1865 nguyenk@scag.ca.gov SCAG reserves the right to change this designation upon written notice to CITY. c. For purposes of this MOU, CITY designates the following individual as its Project Manager: Melanie McCann Senior Planner Phone: (714) 667-2746 mmecann@santa-ana.org CITY reserves the right to change this designation upon written notice to SCAG. 5. Funding SCAG's contribution to the Project is funded wholly with State and Local Transportation Funds (non-federal), up to Three Hundred Twenty -Five Thousand Dollars ($325,000). SCAG shall not be obligated to make payments for any Project costs that exceed Three Hundred Twenty -Five Thousand Dollars ($325,000). SCAG shall not be obligated to pay for any increase in Project costs which exceeds SCAG's obligated funding amount. 6. Invoices, Progress Reports and Match Reports a. SCAG's contribution to the Project shall be made on a reimbursement basis to the CITY, after CITY has paid Consultants for services made pursuant to the Scope of Work Exhibit A. All invoices submitted to SCAG for payment shall be e-mailed to accountspayable@seag.ca.gov (file cannot exceed 1 OMB). b. Not less frequently than once in every quarter, CITY shall submit an invoice to SCAG using the Invoice Report, attached hereto and incorporated herein by this reference and subsequently herein referred to as "Exhibit C." SCAG shall reimburse the CITY for paid Consultants invoices. The Invoice Report shall include a narrative description of the progress toward completion of tasks related to the Project, copies of paid Consultants invoices, a proof of the payment by CITY and copies of all deliverables submitted by Consultants to the CITY. The Invoice Report shall be sent to SCAG's designated Project Manager as well as to SCAG's designated Grant Administrator identified in Section 4 herein. Upon satisfactory receipt and approval of the Invoice Report by SCAG's Project Manager and Grant Administrator, or the resolution of any dispute or concern with the Invoice Report by the Parties, SCAG will provide reimbursement to the CITY. May 9, 2018 Page 5 MOU No. :M-01 1-18-00 SCAG ProjecUOWP No.:275-4823.01 c. All Consultant costs charged pursuant to this MOU shall be supported by properly executed payrolls showing labor (wage) rates per hour, copies of time records, including complete timesheets or time cards signed by the employee and approved by the supervisor; invoices and vouchers, evidencing in proper detail the nature of the charges, and other docinnentation requested by SCAG. No CITY or SCAG staff costs are authorized under this MOU. d. By the tenth day following the start of a new quarter (i.e., January 10, April 10, July 10, October 10), CITY shall submit a Quarterly Progress Report in a format reasonably acceptable to SCAG' Project Manager. The Quarterly Report shall include, in narrative form, a description of services performed by Consultant as well as progress toward completion of tasks related to the Project for the prior quarter, a reporting of all costs incurred regarding the Project, and include copies of paid Consultant invoices and Consultant deliverables attached for SCAG's records. e. On all documents submitted to SCAG for the Project, including Invoices and Quarterly Reports, the Project Number (OWP No. 275-4823U3.01/4823E.01) shall be referenced from the Effective Date through December 31, 2019. f. The Parties acknowledge that SCAG's fiscal year is from July 1 to June 30. CITY agrees to review and approve Consultant invoices and submit any pending invoices to SCAG on or before July 21 during the contract's term (e.g., 7/31/18 & 7/31/19). g. The CITY will require that its Consultant pay any subconsultants for satisfactorily completed work no later than ten (10) days of receipt of each payment from the CITY. The ten (10) calendar days period is applicable unless a longer period is agreed to in writing. 7. Cost Principles a. CITY agrees to comply with the following: 1) The Contract Cost Principles and Procedures, 48 Code of Federal Regulations (CFR), Federal Acquisition Regulations System, Chapter 1, Subchapter E, Part 31, et seq. (Office of Management and Budget Circular A-87 Revised, "Cost Principles for State, Local, and Indian Tribal Governments) and 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards shall be used to determine the acceptability of individual project cost items. 2) The CITY agrees, and will require that its contractors be obligated to agree, that (a) the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 , et seq., shall be used to determine the allowability of individual project cost items; and (b) all parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The CITY and every contractor receiving Project funds under this Agreement shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. May 9, 2018 Page 6 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01 b. Any costs for which the CITY receives reimbursement or credit that is determined by a subsequent audit or other review by either SCAG, Caltrans or other State or Federal authorities to be unallowable under, but not limited to, Title 2, CFR, part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are to be repaid by the CITY within thirty (30) calendar days of the CITY receiving notice of audit findings and a written demand for reimbursement from SCAG. Should the CITY fail to reimburse unallowable costs due SCAG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold future payments due to the CITY. 8. Electronic Version of Work Products a. For purposes of this Agreement, "Work Products" shall mean any deliverables, including reports, data files, newsletters or any other written or electronic materials provided pursuant to the Scope of Work described in Exhibit A. b. CITY shall submit one (1) electronic copy of all completed deliverables associated with the Project to the assigned SCAG Project Manager. c. SCAG shall reserve a royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use deliverables and other work products related to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, reuse or authorization of reuse by others of deliverables and other work products without written verification by CITY will be at SCAG's sole risk and without liability or legal exposure to CITY. Such written verification by CITY shall not be unreasonably denied and shall be provided by CITY within ten calendar days of SCAG's request therefor. d. Subject to the California Public Records Act, all deliverables and related materials related to the Project shall be held confidential by Consultant. Nothing furnished to CITY or SCAG which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. CITY shall also safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure, as CITY treats its confidential information, but in no case less than reasonable care. 9. MOU Changes a. No alteration or deviation of the terms of this MOU shall be valid unless made in writing and properly executed by both parties. b. Either Party may request, at any time, amendments to this MOU and will notify the other party regarding such changes. Within ten (10) calendar days from the date of the written notice, the requesting Party shall notify the other Party of the impact of such changes on the Scope of Work, schedule, and budget. Upon agreement between the Parties as to the required changes, an amendment to this MOU shall be prepared regarding the same. If the Parties are unable to reach an agreement regarding the changes requested by SCAG, the Parties may terminate this MOU in accordance with the provisions set forth in Section 19(a) of this MOU. May 9, 2018 Page 7 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01 10. Notices Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: To SCAG: Basil Panas Chief Financial Officer Southern California Association of Governments 900 Wilshire Blvd., Suite 1700 Los Angeles, CA 90017 Phone: (213) 236-1832 papas@scag.ca.gov To CITY: Sona Mooradian Admin Services Manager Planning & Building Agency 20 Civic Center Drive Santa Ana, CA 92702 Phone: (714) 667-2714 Mooradian@santa-ana.org 11. Indemnification a. Except for the negligence or willful misconduct of SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest, CITY undertakes and agrees to defend, indemnify, and hold harmless SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the CITY's Consultant(s), employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors or omissions or violations of law by CITY, employees and agents in connection with its activities in pursuing the Project or under this MOU. CITY further agrees to require its Consultant to provide indemnification for SCAG to the same extent as CITY, in the contract(s) between CITY and its Consultant for work related to this Agreement. b. Except for the negligence or willful misconduct of CITY and any of its directors, officers, agents, employees, assigns, and successors in interest, SCAG undertakes and agrees to defend, indemnify, and hold harmless CITY and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including SCAG's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors or omissions or May 9, 2018 Page 8 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01 violations of law by SCAG or its employees and agents in connection with its activities in pursuing the Project or under this MOU. 12. Records Retention and Audits a. CITY shall maintain all source documents, books and records connected with the Project and procurement of the Consultant and all work performed under this MOU for a minimu n of four (4) years from the Completion Date or the date an audit resolution is achieved for each annual SCAG Overall Work Program (OWP), whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAG, the California State Auditor, or other authorized govermnent agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG. b. SCAG shall maintain all source documents, books and records connected with the Project under this MOU for a minimum of four (4) years from the Completion Date or the date an audit resolution is achieved for each annual SCAG OWP, and shall make all supporting information available upon request for inspection and audit by representatives of CITY, the California State Auditor, or other authorized goveniment agency. Copies shall be made and furnished by CITY upon request at no cost to the CITY. c. CITY shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Invoices which segregate and accurnulate the costs of work elements by line item and produce Progress Reports which clearly identify reimbursable costs and other expenditures by OWP work elements. d. If applicable, CITY agrees to include all costs associated with this MOU and any amendments thereto to be examined in the annual audit and in the schedule of activities to be examined under a single audit prepared by CITY in compliance with Subpart F of the Office of Management and Budget's Uniform Grant Guidance, formerly referred to as Circular A-133. The CITY is responsible for assuring that the Single Auditor has reviewed the requirements of this MOU. Copies of said audits shall be submitted to SCAG. e. Neither the pendency of a dispute nor its consideration by a Party or the State shall excuse the other Party from full and timely performance in accordance with the terms of this MOU. 13. Federal Certifications and Assurances a. CITY shall adhere to the requirements contained in SCAG's annual Certification and Assurances (FHWA and FTA "Metropolitan Transportation Planning Process Certification") submitted as part of SCAG's OWP, pursuant to 23 CFR 450.334 and the 23 U.S.C. 1234. This Certification shall be published annually in SCAG's OWP. Such requirements shall apply to CITY to the same extent as SCAG and may include, but are not limited to: 1) Title VI of the Civil Rights Act of 1964 and Title VI Assurance executed by California under 23 U.S.C. 324 and 29 U.S.C. 794; May 9, 2018 Page 9 MOU No. :M-0I 1-18-00 SCAG Project/OWP No, :275-4823.01 2) Pub. Law 105-178, 112 Stat. 107 and any successor thereto, regarding the involvement of disadvantaged business enterprises in FHWA and FTA funded projects (Sec. 105(t), Pub. L. 970424, 96 Stat. 2100, 49 CFR part 26); and 3) The Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104 Stat. 327, as amended) and the United States Department of Transportation (US DOT) implementing regulations (49 CFR 27, 37, and 38). b. CITY shall additionally comply with the requirements contained in the annual FTA "Certifications and Assurances for FTA Assistance," including "Certifications and Assurances Required of Each Applicant" and the "Lobbying Certification" in compliance with 49 U.S.C. Chapter 53; published annually in SCAG's OWP. Such assurances shall apply to CITY to the same extent as SLAG, and include but are not limited, the following areas: 1) Standard Assurances 2) Debarment, Suspension, and Other Responsibility Matters for Primary Covered Transactions 3) Drug Free Work Place Agreement 4) Intergovernmental Review Assurance 5) Nondiscrimination Assurance 6) DBE Assurance 7) Nondiscrimination on the Basis of Disability 8) Certification and Assurances Required by the U.S. Office of Management and Budget c. Federal Lobbying Activities Certification. 1) By signing this MOU, CITY certifies, to the best of its knowledge and belief, that no State or Federal funds have been paid or will be paid, by or on behalf of CITY, respectively, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any State or Federal contract, the malting of any State or Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than State or Federal fends have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant, CITY, as applicable, shall complete and submit Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with those form instructions." 3) This certification is a material representation of fact, upon which reliance was placed when this MOU was entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U.S.C. and by the Master Fund Transfer Agreement between SCAG and the State. May 9, 2018 Page 10 MOU No. :M-01 1-18-00 SCAG Project/OWP No.:275-4823.01 14. Equal Employment Opportunity/Nondiscrimination a. In the performance of work undertaken pursuant to this MOU, the Parties and their assignees and successors in interest, shall affirmatively require that their employees and contractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave. b. The Parties shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing the Government Code sections referenced above, are incorporated into this MOU by reference and made a part hereof as if set forth in full. c. Noncompliance: In the event of noncompliance by either Party with the nondiscrimination provisions of this MOU, the other Party may cancel, terminate or suspend the MOU, in whole or in part. d. If required by DOT, additional or alternate sanctions for noncompliance may be imposed. 15. Conflict of Interest The Parties shall comply with Federal and State conflict of interest laws, regulations and policies. 16. Independent Contractor CITY and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of SCAG. 17. Disputes Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies: a) A meeting shall be held promptly between the Parties that will be attended by the CITY's Project Manager and SCAG's Project Manager as well as individuals with decision -making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute. b) If the Parties are unsuccessful in resolving the dispute under (a) above, they may: (1) agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or May 9, 2018 Page 11 MOU No.:M-011-18-00 SCAG Project/O W P No.:275-4823.01 (2) initiate litigation following advance written notice to the other Party of not less than thirty (30) days. c) If any party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by a court of competent jurisdiction in said proceeding. 18. Noncompliance In addition to such other remedies as provided by law, in the event of noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated. 19. Termination of MOU a. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. In such event, all finished or unfinished documents and other materials as described in the MOU shall be provided to SCAG and CITY shall be paid for all services performed by Consultant and accepted by CITY provided the required consultation between CITY and SCAG has been undertaken in accordance with Section 2(e) of this MOU. Further, the Party terminating this MOU before the effective date of termination shall be responsible for any actual, incurred termination costs incurred by the Consultant as a result of such termination notice. b. Termination for Cause. If through any cause, CITY shall fail to timely and adequately fulfill its obligations under this MOU, or if CITY violates any of the covenants, agreements, or stipulations of this MOU, SCAG shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to CITY of the intent to terminate and specifying the effective date thereof. SCAG shall provide a reasonable opportunity for CITY to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to SCAG at its option. c. If through any cause, SCAG shall fail to timely and adequately fulfill its obligations under this MOU, or if SCAG violates any of the covenants, agreements, or stipulations of this MOU, CITY shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to SCAG of the intent to terminate and specifying the effective date thereof. CITY shall provide a reasonable opportunity for SCAG to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that CITY invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to CITY at its option. 20. Non-Asshmment a. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU. Any assignment without such written consent shall be void and unenforceable. May 9, 2018 Page 12 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4923.01 b. The covenants and agreement of this MOU shall inure to the benefit of, and shall be binding upon each of the Parties and their respective successors and assignees. 21. Release of Information CITY shall not release any information to a third party or otherwise publish or utilize any information obtained or produced by it as a result of or in connection with the performance of services under this Agreement without the prior written authorization of SCAG, except as required by law and with prior written notice to SCAG. 22. Severability If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 23. Survival The following sections survive expiration or termination of this MOU: Section 8 (Electronic Version of Work Products) Section 11 (Indemnification) Section 17 (Disputes) Section 21 (Release of Information) 24. Jurisdiction and Venue This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California. 25. Waiver No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this Agreement. A Waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver. 26. Standard of Care The Parties and Consultant shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work. May 9, 2018 Page 13 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01 27. Force Maieure Neither CITY, SCAG or Consultant nor CITY shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, or any other similar cause beyond the reasonable control of CITY, SCAG or Consultant. 28. Execution of MOU or Amendment This MOU, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized signature. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this Agreement or any Amendment. 29. Effective Date This MOU shall be effective as of the last date in which the document is executed by both Parties. 30. Entire MOU This MOU, including the attached Exhibits A, B and C, represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties. May 9, 2018 Page 14 MOU Nu..'.0b011-19-(H) 5CAGPwiert'OWI1No.:37 4823. 11 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING NO. M-011-18-00 IN WITNESS WHEREOF, the Panics have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below: SOUTIIER.N CALIFORNIA ASSOCIATION OF GOVERNMENTS ("SCAG") `j By: Pt" Basil Pangs Chief Financial Officer APPROVED AS TO FORM: Date J*Africa Date ChiefCounsei/Director of Legal Services CITY OF SANTA ANA ("CIT1"') pM r Maria D. Huizar r Clerk orthe Council APPROVED AS TO FORM: Sonia R. Carvaiho City Attorney Ely. -4 r--= Lisa Storck Assistant City Attorney RECONINIENDED FOR APPROVAL Minh Thai Executive Director Planning and ttuildint; Agency Clap 07, 1tis I'a8c 15 Please return an original executed agreement tti our office 6M 30/T11l CITY OF SANTA ANA L-� l Raul Godinez it -' City Manage) Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PS1) Scope of Work The MIG Team's work program includes a series of major tasks and subtasks, with information from each step creating the foundation for the next task. We will perform the following tasks: TASK 1 —PROJECT KICK-OFF AND COORDINATION Task 1.1 Project Initiation and City Tour The MIG Project Management Team will meet with Santa Ana's Project Team to kick off the project, identify communication protocols and review procedures, confirm the schedule and work plan tasks, and discuss communication strategies for the project, including coordination with other consultants assigned General Plan -related tasks. This meeting will be used to help define the initial planning area for base mapping and early visualization efforts. MIG will also provide an information request to City staff outlining the GIS and other data needs for the project. Following the meeting, we will tour Santa Ana with City staff to experience conditions in the field and understand your vision for implementing land use policy. City staff will be responsible for arranging a van for the tour and developing the tour route. Because MIG will be providing services related to corridor planning, graphic support, and document formatting support, our scope assumes that a single kick-off meeting will be held for our entire scope of services. Task 1.2 Project Management and City Coordination MIG will meet and teleconference with City staff at key points during the project to discuss progress, confirm upcoming milestones, and anticipate upcoming challenges. This task covers day-to-day project management tasks, including invoice review and preparation and contract administration for all services provided. Assuming a six-month work for the existing land use and build -out analysis tasks, the budget includes an allowance for this task. Any additional time required for project coordination of other program components beyond the allowance will be billed as provided in the master contract. Task 1 Deliverables and Meetings Kick -Off Meeting Project Management Teleconferences and Team Meetings Request for Information letter (PDF) TASK 2 —BASE ANALYSIS AND EXISTING LAND USE INVENTORY Task 2.1 GIS Base Map MIG, in coordination with the City, will define and format base maps for use throughout the process. MIG will collect and review existing GIS data from the City, including citywide existing land use, General Plan land use designations, zoning, existing dwelling units per parcel, existingjobs or non-residential square footage per parcel, street centerlines, and, if available, building footprint and height attributes. We will provide recommendations for map layout in letter (8.5" x 11") and tabloid (11" x 17") sizes for use in the General Plan document. We understand the City has many GIS layers and various data available at the start of the project that will be provided to us. Task 2.2 Visualization Base Model MIG's visualization specialists will begin the groundwork for developing the initial stages of the existing physical environment for the study area. This preliminary work will be done at a high level for planning study purposes, with more details to be added during subsequent tasks. Using GIS data from Task 2.1, MIG will re-create the existing streetscapes, building forms and massing (including number of building stories), urban open spaces, public right -a -way, and other physical features of the built environment. MIG will provide City staff up to 10 view images showing the draft visualization base model work. Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 1 Task 2.3 Existing Land Use Inventory and Baseline Land Use Analysis In coordination with City staff, MIG will update the existing land use data within areas defined in the Santa Ana Envisioning Map. Prior to updating the GIS data, MIG will confirm with the City which existing land uses to refine as part of this task. Using existing land use databases provided by the City, including the Santa Ana Property Information Network (SAPIN), MIG will begin to refine the existing land uses on a parcel -by -parcel basis. MIG will work with staff on using the SAPIN building permit database. Refinement will include identifying and researching outdated assessor parcel numbers, verifying building square footage and residential units, and recategorizing datasets to allow for consistency between General Plan land use categories. If necessary, MIG will conduct limited land use survey using aerial imagery and Google Street View (Google Maps). One citywide draft existing land use map featuring up to eight subareas will be provided to City staff for review in PDF and ArcGIS Map Package format, with two rounds of edits. The existing land use data will also be provided in Excel format that can be used with the SAPIN database. If CIS data requires updating beyond the detailed land use survey, as discussed in the following tasks, it will be performed on a time -and -materials basis with prior written authorization from the City. Once the existing land use data have been confirmed by City staff, MIG will build the Baseline Land Use Analysis spreadsheet in Excel that establishes the existing conditions for housing units, population, non-residential square feet, and number of employees for each existing land use category to establish baseline land use conditions for planning and CEQA analysis purposes. We will coordinate with the City to establish appropriate factors for population and employment estimates. This will create the baseline spreadsheet that will be integrated into Task 3.4 (Draft Land Use Alternatives Build -Out Model). Task 2 Deliverables and Meetings CIS Base Map • Draft Base Model Images (10 images and PDF) • CIS Existing Land Use Map and associated tabular data (PDF and ArcGIS Map Package) • Baseline Land Use Analysis Estimates (Excel) TASK 3 —LAND USE BUILD -OUT ANALYSIS Task 3.1 Client Working Session #1 (Confirm Build -Out Assumptions/Methodology) To begin measuring the quantitative assessment of socioeconomic and environment factors, MIG will meet with City staff, and if necessary the Inter -Team (City staff, MIG, and other General Plan program consultants), to brainstorm land use alternatives for one -day charrette (Task 3.2) and confirm preliminary assumptions, formulas, and indicators for the land use alternatives. This work will inform Task 3.2. MIG will also outline the methodology that will form the framework for the Draft Land Use Alternatives Build -Out Model. Examples of assumptions include, but are not limited to, average residential densities, non-residential floor -area ratio (FAR), vacancy rates, household size, and employees per square foot of building area. MIG will prepare an agenda and other materials in advance of the meeting to support this discussion. The list of assumptions, formulas, and methodology will be summarized in a memorandum and revised based on one round of City comments. Task 3.2 City Staff One -Day Digital Land Use/Design Charrette (Land Use Alternatives and 3D Visualization) MIG proposes to conduct a one -day charrette with City staff. The first half of the day will involve a working session meeting with City staff on land use alternatives from Task 3.1. During the second half of the day, our 3-D specialist, Chase Mullen, will help visualize the land use alternatives. In the first charrette session, MIG will use ESRI ArcGIS to identify land use alternatives with the software running and displayed on a large screen. At key study areas, staff can adjust land uses applied to certain corridors. During the afternoon, and based on the information produced during the land use alternatives session, we will focus on creating a 3D visual environment for the study areas based on a refined set of alternatives. Prior to the charrette, MIG will build the existing conditions for potential change areas by drawing existing buildings and street layouts as defined in Task 2.2. MIG can illustrate and present various alternatives scenario in a 3D format. The 3D focus of the charrette provides staff a preview of what the physical environment can look like based on architectural design, massing, height, building style, setbacks, and open space features. Task 3.3 Land Use Envisioning Map— Draft Preferred Land Use Plan Alternative Based on City staff guidance from the alternatives analysis identified in Task 3.1 and Task 3.2, MIG will develop a Draft Preferred Land Use Plan Alternative. The maps will include one Land Use Envisioning Map and individual focus/corridor maps for further refinement with staff and the General Plan Advisory Group (GPAG). MIG will produce the maps and revise them based on two rounds of City and GPAG comments. Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 2 Task 3.4 Land Use Alternatives Build -Out Model MIG will build a Land Use Alternatives Build -Out Model using Microsoft Excel that will integrate the existing baseline land use information, assumptions, and formulas for indicators and the quantitative results from the land use alternatives developed in the previous tasks. The custom Build -Out Model will identify all the assumptions for each land use category and for each alternative. The Build -Out Model will analyze two land use alternatives for the Land Use Visioning focus and corridor areas. The Model will also summarize the results In a simple, easy -to -read summary page that can be exported into Microsoft Word or PowerPoint or PDF. Task 3.5 Client Working Session #2 (Review Alternatives and Draft Model) MIG will meet with City staff, and if necessary the Inter -Team, to review findings from the one -day land use and design charrette. The meeting will also be used to present the Draft Land Use Alternatives Build -Out Model. MIG will bring a laptop with a working version of the model and review the results project on a screen. MIG will prepare an agenda and materials in advance of the meeting to support this discussion. Task 3 Deliverables Client Working Session #1 (Assumptions/Methodology) Land Use Assumptions and Methodology Memorandum (PDF) • Land Use Alternatives Envision Map(s) (PDF and ArcGIS Map Package) Draft Land Use Alternatives Build -Out Model (Excel) Client Working Session #2 (Review Draft Model) TASK 4 — LAND USE SCENARIO VISUALIZATION Task 4.1 Draft Visualization Concepts After capturing the essence of each land use alternatives area through the charrette process and City staff working sessions, MIG will create a collection of graphics that illustrate the visual conditions proposed within each of the areas and alternatives. MIG will work with City staff to identify how best to illustrate the visual conditions and what combination of visualization tools and methods will best tell the story about the potential changes for each area and alternative, and how the changes will fit into the surrounding context. MIG has an array of visualization tools ranging from photo -realistic animations, photo simulations, interactive real-time virtual models, and conceptual artist renderings. We will stay flexible throughout the visual analysis process until as late as possible to help the team identify the right style(s) and process to communicate effectively. MIG has budgeted visualization for up to eight areas and up to two land use scenarios for each area. MIG will prepare up to 16 draft images of the selected visualization tools and revise them based on one round of City comments. Visualization will include building type and massing, street and public realm improvements, and transportation improvements. Draft virtual models will be provided to City staff using Sketch Up Viewer software. Task 4.2 Client Working Session #3 (Draft Visualization Results) MIG will present the draft visualization concepts from Task 4.1 (Draft Visualization Concepts) to City staff during a working session. The purpose of the meeting is to get feedback from City staff to move to the final visualization phase. MIG will prepare an agenda and materials in advance of the meeting to support this discussion. Task 4.3 Final Rendering and PhotoShop Compositions With direction from City staff in Task 4.2, MIG will finalize the photo -realistic animations, photo simulations, interactive real-time virtual models, and conceptual artist renderings. MIG will prepare up to 16 final images of the selected visualization tools and revise them based on one round of City comments. Task 4.4 Integration with Urban Footprint (SCAG Scenario Planning Model) MIG will work with City staff to integrate the land use alternatives into the SCAG's Scenario Planning Model. MIG will develop a matrix that aligns the City proposed land use designations with SCAG's library of 35 Place Types. MIG will also assist with the assumptions transfer from the build out model to SCAG's model, as well as analyzing scenario results. We have budgeted a specific number of hours for this task, not knowing the extent to which City staff will want our assistance. If additional work is needed beyond the budgeted amount for this task, it will be performed on a time -and -materials basis with prior written authorization from the City. Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PS1): Scope of Work ................. Page 3 Task 4 Deliverables • Draft Visualization Concepts (16 images and PDF) Client/Inter-Team Working Session k3 (Draft Visualization Results) • Final Rendering and Photoshop Compositions (16 images and PDF) • Final Land Use Alternatives Build Out Model (Excel) Scenario Planning Model Matrix (Excel) Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 4 Santa Ana Green and Complete Public Realm (PS3) November 28, 2017 Scope5 Following the scope of work as described in the Request for Proposals, MIG will perform the following tasks: Task 1 — MIG will identify two example documents of best practices for "green", sustainable, complete corridors, and amenitized public realm plans, for review by City staff. Based on City staff feedback MIG will summarize results and key components of the example public realm plans in brief 5 to 8-page memorandum. The memorandum will also include 1-2 pages of best practices recommendations for funding of capital construction and operation/maintenance of a model public realm plan. Example documents will be selected for their specific applicability to Santa Ana. MIG anticipates one month for this phase including identification, review, and summary of resource documents, and preparation of best management practices for funding of capital construction and maintenance/maintenance of model public realm plan. Task 2 — Based on direction from City staff, MIG will utilize the example public realm document(s) to update the existing Metro East Public Realm Plan including the expansion of Metro East on 1st Street to Grand Avenue (per email Melanie McCann email November 16, 2017) or create a new Public Realm Plan for one selected Land Use Corridor. The other potential Land Use Corridors are as follows: • Seventeenth Street • Bristol Street • Main Street • Grand Avenue • Tustin Avenue • Santa Ana Boulevard • First Street • Redhill/Alto/Warner Avenue Harbor Boulevard MIG anticipates two months for completion of this task including one Draft Final version (approximately 30-35 pages) and a Final document (approximately 30 - 35 pages). The City of Santa Ana will provide one set of consolidated comments to the Draft Final document within two weeks of submittal to the City of Santa Ana. MIG will return the Final document within two weeks of return of consolidated comments from the City of Santa Ana. MIG Santa Ana Green and Complete Public Realm (PS-3) 1 MIG will provide five hard copies of the Draft Final (Administrative Draft) and one copy of the Final document, plus a digital PDF version per the RFP. Task 3 — This task includes two options, based on direction from City staff: Option One -- Utilized the example public realm plan to create a second Public Realm Plan for one of the Land Use Corridors identified in Task 2. Where efficient and feasible, portions of the second Public Realm Plan may be coordinated and prepared at the same as the First Public Realm Plan. The draft and final products shall be the same for the First Public Realm Plan and Second Public Realm plan per below: MIG anticipates two months for completion of this task including one Draft Final version (approximately 30-35 pages) and a Final document (approximately 30 - 35 pages). The City of Santa Ana will provide one set of consolidated comments to the Draft Final document within two weeks of submittal to the City of Santa Ana. MIG will return the Final document within two weeks of return of consolidated comments from the City of Santa Ana. MIG will provide five hard copies of the Draft Final (Administrative Draft) and one copy of the Final document, plus a digital PDF version per the RFP. Option Two - Building on literature search, MIG will create a Public Realm Plan Resource Guide and template to facilitate the creation of future public realm plans used by Santa Ana City staff. This will include but not limited to eco-friendly swales in parkways, a menu of corridor design features supporting walkability, biking, transit and non -motorized travel, as well as landscape and design solutions that promote active streets, a scenic corridor, and a sense of place. Specifically, the Resource Guide will include a menu of images and descriptions for hardscape design and materials, sidewalk pavement, streetscape furnishings applicable for various land use intensities, landscaping (California -friendly plant palette), lighting, LID best practices, wayfinding, bike parking, rest stops/benches, transit stop designs, the integration of art, and other amenities that encourage pedestrian safety and enhance the streetscape. MIG will primarily utilize the reference documents that have been recently authored by MIG for other municipalities, by creating new standards and guidelines that are specific to the City of Santa Ana. The Public Realm Plan Resource Guide and template will be primarily graphic with easy to read bullets and notations. It will include custom graphics created specifically for this MIG Santa Ana Green and Complete Public Realm (PS-3) 2 Resource Guide, as well as select precedent imagery that is specific to Santa Ana streets. MIG anticipates two months for completion of this task including one Draft Final (20 to 25 pages) version and a Final document (20 to 25 pages). The City of Santa Ana will provide one set of consolidated comments to the Draft Final document within one week of submittal to the City of Santa Ana. MIG will provide five hard copies of the Draft Final (Administrative Draft) and one copy of the Final document, plus a digital PDF version per the RFP. The In Design native file will also be provided to the City for future edits and use. Approach and Methodologies MIG has reviewed the Metro East Public Realm Plan as well as other documents referenced in the RFP. The Metro East Public Realm Plan is an excellent document published in 2007. Although that may not seem too dated compared to other city and community plans, many changes have occurred in the planning and design of stormwater control, green streets, complete streets, and pedestrian amenities that necessitates a thorough update. MIG has authored many of public realm plan documents that will assist in Task 1. In addition, MIG landscape architects and civil engineers included in this proposal, particularly in our Seattle office, have led numerous green street projects for the City of Seattle, Pacific Northwest communities, and California communities. Many of these projects began as design guidelines and policy documents but more importantly, resulted in constructed projects. This full -circle approach has provided MIG landscape architects and civil engineers a complete and thorough understanding of what works and what doesn't, resulting in a robust understanding of lessons learned, which will be applied to the Santa Ana Green and Complete Public Realm project. In addition, MIG landscape architects and civil engineers are sought-after public speakers at a variety of conferences focused on green streets and complete streets around the country. It is important for Santa Ana to have industry leaders that stay ahead of the rapidly changing fields of green streets and complete streets. MIG practitioners are industry leaders. In addition, MIG has conducted a driving, walking, and photographic survey of the Metro East and other corridors being considered. There are significant opportunities for transformation of the corridors and streets being considered. Opportunities for modifications to the Metro East Public Realm Plan and other corridors include the following: STORMWATER CONTROL MIG Santa Ana Green and Complete Public Realm (PS-3) 3 Management and control of stormwater in urban areas has seen significant change in a decade. Requirements for storm water control have become more restrictive and regulated, which thankfully has led to an overall improvement in the water quality of our water bodies. While requirements are imposed by the State of California, Santa Ana also has requirements. However, despite more regulations, there are also more opportunities for funding of stormwater improvements from Federal, State and Local sources. As an example of this, many cities are reducing excess hardscape including asphalt, for increased direct stormwater infiltration into soils. This not only improvements stormwater quality before it enters water bodies and aquifers, it also becomes opportunities for added landscaping and green streets. GREEN STREETS Like stormwater, the greening of urban streets is a rapidly changing field that can result in more attractive public realm and pedestrian environments, but can also strain city maintence and operations budgets if not done properly. The science and best practices of growing healthy trees in urban areas is a field that MIG practitioners are experts in. In addition, knowing which trees grow best in each type of urban environment is essential, as well undertesting the design objectives of each street, especially in Santa Ana. MIG landscape architects and civil engineers understand the real importance of subsurface growing conditioner and bring a thorough understanding of the nexus between tree health, soil, aeration and irrigation. MIG landscape architects and civil engineers also are experts in preparation of cost estimates and maintenance manuals for municipalities. This full -circle approach will be key to creating sustainable and cost- effective green streets in Santa Ana. MIG will work closely with the City of Santa Ana staff to identify opportunities and cost- effective recommendations for the greening of Santa Ana's streets. This includes but is not limited to expanding tree planting areas in sidewalks with additional parkway planting, creating bioswales within sidewalks and parkway areas, and removal of excessive areas of street asphalt and replacement with rain garden and infiltration basins. An understanding of subsurface soils and soil composition as evidenced through existing geotechnical reports will be also be an important factor. In addition, the creation of green streets within Santa Ana will be a great opportunity for education and will incorporate interpretive displays that can demonstrate the benefit of "going green". Parkway planting and bioswales can also feature design elements such as pollinator plants that are both beneficial to the environment but also become teachable moments for residents and school children. MOBILITY AND COMPLETE STREETS MIG Santa Ana Green and Complete Public Realm (PS-3) 4 MIG has been leading the revolution in rethinking the design of American streets for over a decade. As demonstrated in the MIG created and curated website www.restreets.org, MIG has gone well beyond Complete Streets and has been designing and building streets that focus on sustainability, livability, and economics in addition to accommodating the traditional Complete Streets mobility modes. Like stormwater engineering and green streets design, MIG planners are national authorities in creating complete streets that accommodate all forms of mobility. MIG understands the trade-offs associated with design challenges such as reduction in lane widths to create buffered bike lanes, or increasing sidewalk widths and creation of bioswales. MIG's observation of the street designs within the Metro East Public Realm Amenity Plan and our driving and walking tours of this area, and other street corridors being considered, and initial review of other Santa Ana documents including the Complete Streets Plan and Bicycle Master Plan, suggests that there are ample opportunities for better accommodation of all modes of traffic. DESIGN AMENITIES As requested in the RFP, a public realm plan that identifies design solutions related to hardscape designs, art, landscape and trees, benches, street and pedestrian lighting, bike racks, and activating the street are a key. MIG will provide expertise and recommendation for a variety of design amenities for the public realm plans to be developed. Special Suggestions/Concerns MIG does not anticipate or have any special suggestions or concerns other than those outlined in the above approach, which are typical for any complete streets and urban greening project. MIG Santa Ana Green and Complete Public Realm (PS-3) 5 2. APPROACH (PS8) Approach and Methodology MIG's approach leverages our staff's extensive experience providing graphic design, document editing and web technology services to planning agencies for community engagement, public education and document and website production. As planners, designers, communication specialists and web engineers, the MIG Team possesses the breadth of professional skills required to support your planning team's graphic design and document production needs throughout the General Plan Update process. Our approach anticipates the completion of three major deliverables: 1. Ongoing graphic and web design support providing visually interesting content to promote community engagement and understanding of the General Plan Update; 2. An elegant and technically robust printed General Plan document; and, 3. An interactive, searchable and mobile -optimized web -based General Plan website. Cupeitlno General Plan The MIG Team fully understands the third deliverable is not a requirement of this RFP. However, we are including this deliverable In our proposal because it Is a valuable and extremely cost-effective result of our innovative document production methodology and tools. Specifically, our approach includes the use of ingenious new software, called TangerineTm, that enables planning agencies to easily, automatically and cost-effectively convert complex and long print documents to searchable interactive websites, The use of the Tangerine'rM software solves a problem that cities, counties and planning agencies have faced for years — how to convert print documents Into interactive web documents simply and affordably. Tangerines^^ does this by using the same Adobe InDesign or Microsoft Word document template created to produce an elegant complex print document and automatically converts it Into a mobile -optimized, searchable and interactive website In just minutes. Tanger{neTM is new open source software that was just awarded the American Planning Association (APA) Technology Division's 2017 Smart Cities Award. (For more information an the Tangerine'^' software, please go to www.tahgerinedocuments.com) i= CITY OF SANTAANA I Comprehensive General Plan Update and Envisioning Sustainabillty Together Act IVltp Centers, Central Bus Inass 0istrlot (Down tewnl 160At 0 USING IS OIRIAIOr (DOWN nunnexun me ueWnuud aOwd uvAa, npl.0 TOWN I RRRIONRr GERIER PRO FIVE I ym4 Aeme b 4wnId .,.netl Ro.,k. Il 'e evavem¢ AnWWon.e.dofs Cdellllh&le lnLonal Scores P 8trenµlln, WMnlwm�e lAemoslwaluh'e and lmnr4 fftmoI,,an an Imma 11l e+m411dwpuddWl bwlary AWA [onoPAwortIImo r0JR3nd AnY"nAk`1An."oolWTAdnAlllnr.lrn mllmron 1 mnxlW vnhon droo,a ISoAlsa dMIJI12019 lAfunu,mtletl byd mRYwaAAome. paVo'roko PopWvllen ill]A .o,,wo our, I po'.h.'ri,,aneu, aappmLA Ly Pm"IA[AJp pl Pmniluxli rcw ,mnl. " tls rI 1110r, 05,6fi] gIlIw14 ihp CJy lnle9s e,dhay nloa lihra4 moon-aeo Walkabllly sfi, M 9h,gWemlly la1360 nyN H.6 llc PatloiU.ltl o mnpepd"..mml ar'hul if cstlmdlc)I dyNCP 44,4GO I"on. nil reNmeJ.11n,Ad Wnnl nrWn+lantl PP% LlorEnsmMAIM Lernn41rv1V11N1[ Ihy p ommatloM1onv "AImO. aWlaml EgomAa,na MNItle CPlnnlule Mkm:n Aho,o" FINI A,,,9Asaxce Hedlhare An9 PnLI,c.U1mOM1llelnn Pam+14fi9 p1.11 P PrBIoV[L Anef19A0 In.IPLrr[1.1holkAdPAIII 1 A,Mflmnn l[MOA. DehnfnAll Ae,mmm�nnLnia ` nJ E111[ltymPnl UPn:aYnl an00g �IafnRlP P'R.11,Na mnM APIfAeynIPIIINII UmVuyeJ 0m1 res Jenh. o:Yw°or+e one Ral lrolFnuR,yobaWPaYUp le Nw� PoI Cpp�la inaomn y 9It a! nu R T Ipa Wppnitl # i 1 Moreover, the use of TangerineTM in our approach enables the MIG Team to offer the City of Santa Ana an elegant and technically robust printed General Plan document and a personalized, ADAcompliant, fully searchable and mobile -optimized website at an exceptionally cost-effective cost. Detailed Work Plan This detailed wont plan includes the following assumptions: a The General Plan Draft text will be written by the City of Santa Ana staff and provided to MIG for editing as a Microsoft Word document. x All General Plan photos and graphics will be provided by the City in the highest resolution available and in native format. The MIG Team will provide diagram enhancements (e.g, enhancements to process diagrams, charts and graphs) and photo correct or enhance photos as needed to ensure they are consistent with the General Plan style guide created by the MIG Team. e The City will prepare all maps and MIG will stylize the maps following the guidelines established in the General Plan style guide. AR MIG will either host and support the City's new web -based General Plan on its enterprise -class Amazon Web Services (AWS) cloud infrastructure or help the City contract with another hosting provider. M Ga SA Tomorrow Comprehensive Pfan TASK 1: GREA7E; THE GENPRAL PLAN STYLE; GUIDE The MIG Team will create a City of Santa Ana General Plan style guide that illustrates the typography, colors and graphic styles for maps, charts, diagrams, photos and text that will appear in the General Plan, The style guide will apply to both print and web versions of the General Plan, calling out differences whenever appropriate, This task includes the creation of two distinct style guides for the City to review, The City will select one of the style guides and MIG will perform one round of edits to the selected style guide based on City comments. Completion of a City -approved style guide provides the final design direction for all graphic elements contained in the General Plan document, TASK2: DEVELOP THE GENERAL PLAN DOCUMENT LAYOUT AND CONTENT ARCHITECTURE The MIG Team will review relevant General Plan documents with City of Santa Ana staff. Based on City feedback and comments on these documents, the MIG Team will produce a draft layout for review that contains City of Santa Ana sample content and accurately depicts the content architecture for the General Plan. The MIG Team will perform one round of refinements to the draft layout and content architecture based on City comments and direction. PSB Graphic Design and Support M "` Completion of a City -approved document layout and content architecture establishes the foundation from which the MIG Team can create the Microsoft Word or Adobe InDesign document framework required for staff to use for writing and editing of the Administrative Draft General Plan, ?A_}K :3: C.R3_ OP 4,iDESKi,N' 4!M IA Ct` OJ OF`r DO"UrIMNT 6RAMrWORX Depending on City staff expertise and software availability, MIG will build the document framework for the General Plan using the City's choice of either Adobe InDesign or Microsoft Word, Using the MIG-created document framework when you start writing the General Plan ensures that draft versions of the General Plan adhere to the approved style guide and document layout from the beginning. ,A,,,K 4; G&2F1PHl4: i'U P*0;tI A0 Pf,Qo U C" I4, NI MIG will support City staff as needed to ensure that all graphics (diagrams, photos, charts and maps, etc.) adhere to the approved style guide. This support will include providing City staff with design samples and specifications as well as direct graphic manipulation and graphic production work. As part of this task, MIG will recommend compelling graphics forthe web -based General Plan and create web -ready versions of these graphics. In addition, MIG will provide graphic support to illustrate unique urban design considerations. 'f`A5K Si is c.f,C4+Nf;':AJS suPP.JR!• AND PR;,1XA1rCOON MIG will support the City during the development of the draft document by providing professional and experienced General Plan planning staff to review and edit the draft document In the budget we provide an allowance forthis task. MIG will provide five printed Administrative Drafts and a printed Final Draft. MIG will provide the City with an editable file of all final public drafts and final public planning reports in either Microsoft Word or Adobe InDesign formats and editable PDF format. North Tryon Vision and Implementation Plan CITY OF SANTA ANA I Comprehensive General Plan Update and Envisioning 5ustalnabilrty Together North Tryon Vision and Implementation Plan TASK d; CONFIGURS AND CUSTOMIZE TANGRITNc:srn MIG will setup and customize the TangerineTM software for single click website creation using the In Design or MS Word template. This task includes an Alpha release of the website upon 25%completion of the content loading and a Beta release upon 50%completion of the content loading. This tack also includes development of any auxiliary website pages such as the home page or other landing pages not part of the InDesign template. Once the General Plan is approved for public review, MIG will make the web -based General Plan version publicly accessible. TASK 7, hv{NNUAG YJEFISi VE S€6'PO4l' Auy(: `rD"s$'TING 0 Y'FARi MIG will provide the City of Santa Ana with support and hosting of its new web -based General Plan for one year, If after the initial year, the City chooses to continue using the TangerineTm SaaS platform for the ePian, MIG offers competitive, high -quality annual and multi -year support options tailored for public agencies, {:utLA2040 nvnn� enMmnn ..wn, "W4 YW. . -. Creating a Shared Vision for the Future of Our City I «NW rWHW.�WX P4vWm•NiI.Mrt1,M Awalnl � a '-._,..,..,...w...,.............._....�...-....._.............,..�... ,... � tar[,._.......-.. �M •P..:�..:..�e..'-..- ��.a....... ... ... .... ..............................,.......�.....n...i.....,,w-..._ FF « el V I euulOW:niarur Uln PL:4<8rvel pn9awtev Website Examples: OurLA2040 General Plan Outreach Portal, Hayward 2040 ePlan and SA Tomorrow P58 Graphic Design and Support I IN ilm .. . .............. .............. .", ........ ....... ....... ...... Mi H! Mug ugh m Inv f' FM 21JI, H PS5. Community Engagement TEAM ORGANIZATION COLIN DRUCKER a �tltlse Pr- iM,r.t,+�r BRIAN JUDD d acre Prir ral-Altennate l'nA SUZANNE SCHWAB, AICP A :..cat- Pin "' " ROBER'T KAIN Basra, P'la:vn¢r M EGA KNO ALLIES, IED aP a ea Phir, i)eai;n amd b'is"I"'r,cn STEVE GUNNELLS k000-nlc J c_.Nant,"e' BRIAN JUDD Akerrone ilr,w JESSICA WUYEK M1 flstwnaf r- tlPrneCt Planne WENDY NOWAK, AICP Engagement Project Manager MEGAN KNOWLES, LEEOAP Alternate PM/Designer JESSICA WUYEK Project Planner JEN CHUNG Graphic Design ROBERT KAIN 6eapY L. o, fr_Iaer Man-ger MEG AN KNOWLES, trIfDAP C, a pina )o,i, , Web estgn and AR.ern_=,e Prgco Marmper JEN CHUNG (nartw i)s11.; n PAM FAHY DOCJmantdlla rtars, r, Vo,d Towplatoa and T,ia,Nng LAURA MUNOZ Caw m.....t adalL=t,Word Docoimant,a and 7rnln[rg STAFF ASSIGNMENTS Brian Judd will be Principal -in -Charge. The Project Manager/Principal Agent for this planning study category is shown below, as well as each Backup Associate -in -Charge in the event the Project Manager/Principal Agent is absent, and any technical support staff. Please note that commitment percentages are an average, and more time can be made available as needed. Name, Title, Office, Contact Info Roles)/Level of Commitment Experience/Responsibilities Summary BRIAN JUDD Principal -in -Charge Oversees and works hands on with an integrated team of practiced Principal 2% policy planners and innovative designers to create resourceful Santa Ana I x2330 solutions for complex and always challenging projects. Expert in bjudd@placeworks.com intergovernmental coordination, land use planning, long-range advance planning with focus on implementation. Keen understanding of regulatory and political processes. WENDY NOWAK, AICP Engagement Project Manager Experienced and versatile planner with 20 years of professional Associate Principal 15%average and more as experience in the public and private sector. Has managed projects of Santa Ana I x2350 needed a diverse variety and scale including public outreach and visioning, wnowak@placeworks.com general plan updates, specific plans, corridor Inflll development, grant writing and entitlement coordination. MEGAN KNOWLES, LEED AP Graphic Design/Outreach Strong, talented designer with the ability to think creatively and Associate Designer Materials Content envision change while keeping projects grounded with achievable Santa Ana I x2333 15% benchmarks and Implementable policy goals. Excels at mknowles@placeworks.com communicating complex information and policy ideas graphically —to educate, inform, and persuade. Well versed in web -based documentation. 4 CITY OF SANTA ANA I REP 17-082: GENERAL PLAN UPDATE AND SUSTAINABILITY- PS5: COMMUNITY ENGAGEMENT PS5. Community Engagement Name, Title, Office, Contact Info Role(s)/Level of Commitment Experience/Responsibilities Summary JEN CHUNG Graphic Design Designs at multiple scales —from smaller, site -scale residential designs Associate Designer to regional -scale design guidelines and vision plans. Projects reflect 60% various degrees of complexity. Expert at making strong visual impact Santa Ana I x2333 that conveys information clearly while being aesthetically pleasing. jchung@piaceworks.com 3.Scope of Services, Methodologies, Work Products, S: SCOPE, METHODOLOGY, AND WORK PRODUCTS METHODOLOGY Public outreach efforts conducted for general plan updates can range from minimal to extravagant. The key is to strike the right balance for Santa Ana so that outreach is effective but not excessive. The following program is recommended based on our experience with outreach in other jurisdictions. Although the nature and tools of public outreach may vary, the broad objectives and measures of success for conducting outreach for a general plan update remain largely the same: A Set and manage expectations for process • Create sense of trust; transparent, open process a Maximize participation through multiple engagement means (in person and online) • Avoid/minimize bullying; make everyone feel that their input is welcome m Demonstrate that the City is listening • Educate the public on the City's history, socioeconomic and market trends, and fiscal health • Obtain input on the areas of desired change Generate consensus while reducing concerns v Build capacity for future public outreach and education • Engage key stakeholders to perpetuate strategic involvement • Engage those who are typically silent by allowing for a variety of in -person or online input opportunities • Identify and clarify the rationale for decisions • Raise the profile of the General Plan Update and establish a greater connection to current planning issues Creation of a public engagement program that is inclusive, educational, and results oriented will be instrumental to the success of the General Plan Update effort. Based on our experience, the traditional approach to civic engagement is changing, and the roles of the public and government are reversing. Residents increasingly expect their governments to reach out to them, provide information, and solicit their input on important issues. By pairing in -person outreach workshops and meetings with online engagement tools, local governments can distribute information and gather input more effectively and across a broader spectrum of participants. PlaceWorks will bring its knowledge of the City (existing General Plan and community issues) and public participation to this effort to provide overall direction on outreach and to advise the City on engagement strategies and tactics. There are several different outreach tools the City can use to engage the public, including print material, surveys, online engagement, stakeholder interviews, and a General Plan Advisory Group (GPAG). Each one has its own advantages and disadvantages, and we are open to refining the outreach program to best suit your needs. Our scope proposes creation of a Community Outreach and Engagement Plan coupled with the crafting of meaningful content and messaging throughout various stages of the process to help guide the project through the public process and ensure that the public feels they have been REP 17-082: GENERAL PLAN UPDATE AND SUSTAINABILITY- PSS: COMMUNITY ENGAGEMENT I PLACEWORKS 5 PS5. Community Engagement adequately consulted and considered in decisions that will ultimately shape land use changes In their neighborhoods and corridors. SCOPE OF SERVICES TASK 1. PEER REVIEW OF COMMUNITY ENGAGEMENT PLAN We understand that the City will be facilitating all community outreach meetings and that our role will be to provide materials to support that effort. We will collaborate with staff to make suggestions about the outreach materials that could garner the largest response or solicit feedback, they will likely be very different between groups such as the Neighborhood Wards, GPAC, and City Council. It is also a priority of the City to identify ways to engage underserved or underrepresented groups in the City so that the proposed General Plan changes are truly reflective of community sentiment and the materials produced will respond to that approach. PlaceWorks will provide a high-level peer review of the City's Community Engagement Plan that serves as an outreach manual to communicate with the public during key milestones of the General Plan process. Peer review of the Community Engagement Plan will enable the City and consultant team to make decisions about and fine-tune the public involvement process and materials to be generated at various milestones in the process. Review of the Community Engagement Plan and subsequent discussions with staff will: ® Identify relationship between the public engagement efforts requiring support materials and the General Plan Update planning tasks. Provide feedback on the stakeholders that should be included when gathering input for the effort, including advisory groups (GPAG, Com-Link), special interest groups (Neighborhood Wards), and other community organizations and ambassadors that could be consulted during the process for input or to help get the word out about meetings/workshops. Identify what the City needs assistance preparing (e.g., meeting notices, flyers, fact sheets, agendas, announcements/notices, memorandums, FACs, maps and posters, project website information) and who will be responsible for generating content, printing, and distribution m Establish protocols for who is responsible for preparing specific products (e.g., final review and approval of deliverables, meeting materials, digital communications, social media posts, website content, printing, press release preparation and distribution, etc.). a Confirm communication and meeting format techniques (open house, pop -ups, town halls, etc.) associated with key milestones and branding or messaging requirements to ensure products produced are consistent with established City protocols. Since community engagement Is an ongoing effort throughout all stages of the General Plan process, it will be important to integrate key deliverables and milestones with the other PS tasks the City is undertaking concurrently. Review of the Community Engagement Plan will clearly Identify timeframes and key decision points where it will be essential for PlaceWorks to develop the materials that will be needed for various outreach efforts to maximize participation and transparency and to gain the feedback of the community. Deliverables: - Peer review of Community Engagement Plan (digital memorandum) - In -person meeting (or conference call) to review Plan and clarify refinements TASK 2. CREATING CONTENT: OUTREACH MEETING MATERIALS There are numerous types of meeting materials requiring review and approval by the City prior to sharing at an outreach event— e.g., posters, maps, PowerPoint presentations, surveys, social media posts, email notifications, and handouts. Per the RFP, the consultant, in coordination with the City, will create community outreach materials that will be distributed to local business groups, religious organizations, residents, local schools, etc. PlaceWorks will prepare draft text that can be used for digital notifications, and the City will post information about workshops and applicable Information on the City website and social media. 6 CITY OF SANTA ANA I REP 17-082: GENERAL PLAN UPDATE AND SUSTAINABILITY- PS5: COMMUNITY ENGAGEMENT PS5. Community Engagement In this task, PlaceWorks will support the City in preparing materials for workshops and community events and getting the word out about the General Plan Update effort. Materials generated as part of this task can include a General Plan 101 brochure, meeting notices, General Plan summary sheets, and other materials that can be used to communicate key ideas related to the plan. This task can integrate graphics produced through other PS tasks, including simulations; Illustratives; and/or massing scale, infrastructure, public realm, and transportation improvement diagrams of existing and future uses in the eight Land Use Scenario Corridors, as appropriate to convey an idea or message. The specific number and type of materials and products to be prepared (other than those specifically noted below) will be determined during the preparation of the Review of the Community Engagement Plan in Task 1. It is anticipated that the supporting materials will be prepared for events such as Neighborhood Ward workshops, pop -ups at community events, city boards and commissions, and Santa Ana Coml-ink. The hope is that the materials prepared over the duration of the update process can be used during discussions with the various groups and events. It is assumed that the preparation of land use maps or alternatives will be produced and budgeted separately. (This task does not include preparation of or printing costs for large scale maps.) PlaceWorks will work with the City to identify materials that require translation into multiple languages. PlaceWorks has the in- house capability to translate materials into Spanish and would look to the City to assist with materials prepared in Vietnamese. (We used this same approach with the City of Westminster and the materials that were prepared for their recent General Plan Update.) If outside translation services are needed, they would be extra to this contract. Deliverables: — Digital versions (draft and final) of: Advertising and Meeting Support Materials, including flyers/notices (Design) Up to 6 General Plan Summary Sheets or FAQs (English, Spanish, Vietnamese) Banners (English, Spanish) Process Infographic (English, Spanish) TASK 3. MEETINGS AND CONFERENCE CALLS This task assumes that in -person meetings and conference calls will be needed periodically during the update effort to gain clarification or input on the materials drafted and to receive input on the effectiveness of meetings and the outreach collateral that was prepared to support the City's outreach efforts. This effort assumes approximately 30 total hours of time over an 8- month timeframe to participate in these discussions with City staff. If it is determined that more hours are necessary to touch base regarding product edits or other items over the estimated 8-month timeframe, a scope and budget refinement would be needed. Deliverables: — Meetings and Conference Calls (30 hours) Reimbursables To keep costs at a minimum, the majority of deliverables proposed for this task will be produced and provided to the City in a digital format for printing and reproduction. Deliverables and products produced as part of this effort should be closely connected to the deliverables and products produced in conjunction with PS8, Graphic Design and Document Support, to avoid duplication and identify cost savings. Reimbursables include things such as map production, photocopies, graphics, materials, mileage, and supplies. The project budget assumes that reimbursables will not exceed 5 percent of the labor total (and we will work within that budget as we are defining the hard -copy deliverables for the Community Engagement Plan and Creating Content tasks). If the City requests more copies of documents or printouts of maps than the estimated budget can accommodate, an augment to the budget would be required. SCHEDULE Community outreach and engagement tasks are expected to occur at key milestones throughout the process and are estimated to be complete within an 8-month timeframe. Task 1, Peer Review of Outreach and Engagement Plan, will be completed at the outset of the effort (within approximately the first month) because it sets the stage for communications with the community and will help to tie together the engagement efforts needed for the other tasks associated with the General Plan Update. Task 2, RFP 17-082: GENERAL PLAN UPDATE AND SUSTAINABILITY—PSS: COMMUNITY ENGAGEMENT I PLACEWORKS 7 PS5. Community Engagement Creating Content, will occur periodically (as needed for meetings and milestones defined in Task 1) over the duration of the project and at the rollout of the changes that are anticipated to be complete in March 2018. 8 CITY OF SANTA ANA I RFP 17-082: GENERAL PLAN UPDATE AND SUSTAINABILITY- PS5: COMMUNITY ENGAGEMENT AECOM ' ••• •r,, • • ' •• Task 1.0: Kick -Off Meeting and Project Initiation We have included an initial meeting between City and AECOM staff to refine the work plan and outline and discuss and clarify key issues, variables, and project objectives and goals. The AECOM team will then provide a detailed work plan and schedule to the City. This initial meeting along with the deliverables will serve to enhance cooperation and expectations throughout the project to achieve efficiency, cost- effectiveness, and high -quality deliverables. Due to a number of recently completed City documents such as the Santa Ana Economic Development Strategy in 2016 and the Consolidated Plan, a significant amount of the basic market information and economic development programs have been documented in just the last few years. As such, the initial phases of this work will include a review and validation of the background data for these documents as well as identify any gaps or additional research that must be done. The scope and budget assumes that much of this background data will be readily available, in a usable format, and that would only need to be updated with more recent data. We anticipate the bulk of the work will involve estimating future land use demand based off of forward looking demographic and market trends and then applying these tests to the viability of the Land Use Visioning Map, the Identification of innovative land use mixes, and fiscal analysis of selected Preferred Land Use Alternatives. Deliverables: • Refined Project Workplan - Refined Project Schedule - One (1) Project Kick -Off Meeting Attended by Two (2) AECOM Team Members Task 2 — Existing Conditions Analysis Task 2.1 Demographic Profile The market analysis will include documentation of various socioeconomic and demographic trends based primarily on data from the most current Census, American Community Survey, SCAG, and other AECOM similar sources as necessary. Where data from multiple sources is necessary AECOM will evaluate data methodology to ensure consistency between sources. Population and demographic trends will include growth and characteristics such as age distribution, gender, languages spoken, ethnicity, and education levels. Household trends will include growth and characteristics such as income distribution and sources of income, renter vs. owner tenure, household size and occupied unit distribution, and households by age of householder. A thorough documentation of Santa Ana's existing demographics and potential long-term trends is especially important for the overall market analysis given its unique characteristics. The demographic profile will be compared to Orange County as a whole, and neighboring cities. This analysis is expected to demonstrate a continuation of long-term trends in Santa Ana that include high population density, a large average household size, and per capita and household incomes that are on average lower than the county and neighboring cities. An important consideration is the distribution of household income by income category. It's not unusual to see a market that has low average incomes overall, but not realize that average incomes are low because the market analyzed has a high percentage of lower income households and low percentage of high income households, not recognizing that the market may have a comparable and growing share of moderate income households. Many credit retailers only look at the averages, not the distributions when looking at markets. It's been our experience that some markets with low averages actually have a healthy middle income population that in aggregate provides significant buying power, but is under - served. This creates opportunities for commercial economic development. Task 2.2 Employment Profile Employment profiles related to the workforce will be documented in the population profile above, with the addition of wage distribution, unemployment, and sources of income for the workforce living in Santa Ana and surrounding communities. Destination/Origin data will be reviewed to evaluate the geographic distribution of the workforce working within Santa Ana, and the workforce living within Santa Ana and their commuting patterns. Documentation of employment within Santa Ana using U.S. Census Bureau data augmented with SCAG data will be completed and compared to Orange County as a whole, and neighboring cities: • Employment in place • Employment by firm size categories • Growth in firms by size categories • Trend data to the extent it is available • Major employers /.\D[KHUI The Santa Ana employment and industry profile will be compared to the region and the nation as a whole. A location quotient and shift -share analysis of industry will be prepared. The export orientation of selected industries will be described using data sources as the Orange County Community Investments Division industry cluster analyses. Average wage of clusters by category will be documented. Existing jobs/housing balance will be compared to the county as a whole and nearby cities. Task 2.3 Market Trends Retail, Office. and Industrial AECOM will document and analyze retail, office, and industrial trends over time including the rental/lease rates (NNN), vacancy rates, and absorption and the competitive environment, augmented by identified planned and proposed projects using the best available data from sources such as Costar, brokerage houses, and others. Characteristics of the market will be evaluated including different categories, size and sales. Again, we will validate recent market research which will likely reveal the continuation of recent trends rates in Santa Ana as compared to Orange County and neighboring cities For the retail sector we will estimate existing and future Santa Ana income levels and average amount spent per household to estimate the total resident buying power and the amount of retail leakage that is occurring in Santa Ana as well as potential for additional retail attraction to the market. Factors such as the growth in Internet sales will be taken into account based on national trends and accounted for in the assessment of leakage and potential retail attraction. Comparisons to neighboring cities will be made. We will add factors for worker purchases and visitor -related purchases to estimate aggregate buying power potential. Based on market share assumptions given the existing and anticipated competitive environment, we will estimate captured sales in Santa Ana by major retail category and translate these sales into supportable space and land area given sales/square foot factors, stabilized occupancy rates, and FAR assumptions. We will conduct sensitivity analysis of key variables to estimate supportable space under up to three scenarios. Again utilizing data from sources such as Costar and others, industrial and office trends of the Santa Ana area will be documented and analyzed. This will include a more detailed evaluation of the key industrial and office employers by sector. As necessary additional data will be drawn from the Census, Bureau of Labor Statistics, and similar sources if it is necessary to augment existing city background data from previous documents such as the aforementioned Santa Ana Economic Development Strategic Plan. Vacancy rates and asking rent per square foot for industrial and office space will be documented by location and by type based on secondary data sources for the Santa Ana market as a whole and the opportunity areas. Net absorption will also be documented for Santa Ana and the same opportunity areas. Potential market demand will be based on historical absorption trends and projected employment in those sectors that generate demand for industrial and office space for Santa Ana, compared to the AECOM county as a whole, and neighboring cities and also for the opportunity areas as compared to similar areas in the region. Potential industrial and office employment will be translated into demand for occupied space and land area at employment density and FAR factors. Major anticipated changes in the market that could result in significant changes in historical trends, positively or negatively, will be identified. One of the key questions to address for each of these three sectors is the extent to which market rents support new construction costs, and, if not, how much would they have to increase in real terms to support new construction Housine Market Trends The existing housing stock will be documented to include age, type, and current market costs for ownership and rental housing based on the most recent data available from secondary data sources. Costs will include an evaluation of long-term trends in terms of housing value and absorption utilizing information from secondary data sources. Estimates of future housing costs will be projected using long term residential property appreciation assumptions. AECOM will estimate the minimum income required to afford current and potential future housing based on current standards for rental and ownership costs as a percentage of income. This will then be compared to estimated household income growth and distribution. AECOM will estimate future demand and absorption for housing units based on projected regional population and employment growth, household formation assumptions by age of householder, and size categories, and the portion that could reasonably be expected to accrue to the Santa Ana market. SCAG projections for the county and Santa Ana will augment Census and American Community Survey data where necessary. Various market share assumptions for the Santa Ana market will be applied to test different scenarios for residential, retail, office and industrial growth in the overall market. Residential absorption rates will also be applied to the Land Use Envisioning Map potential residential transition areas to estimate how much of future residential multifamily demand absorbed in those areas at different price points overtime and at the currently identified densities. We also propose two stakeholder group meetings to supplement the analysis. These meetings would include a range of stakeholders from the different sectors as well as neighborhood and community stakeholders that can share challenges of the current housing market. Deliverables: • Two (2) stakeholder group meetings • Draft Existing Conditions Report • Final Existing Conditions Report • 1 Presentation of Existing Conditions Report attended by two AECOM members AECOM • Ongoing Coordination with City (email, phone, etc.) Task 3.0 Feasibility Analysis AECOM will conduct an analysis of the economic feasibility of the baseline opportunity areas by land uses as identified in the Envisioning Land Use Map at buildout. While these are not approved land uses it will be important to provide an estimated rough sale and rental cost per unit of residential, office, and retail development to gauge whether the market can support expected rental prices per absorption projections and whether residual land values can support development. High, medium, and low development buildout densities will be evaluated to gauge reasonability. AECOM will confer with City staff to identify these densities. Once this baseline has been established our team will evaluate up to three alternative configurations that include appropriate land use mixes to gauge whether they are consistent with reasonable market absorption estimates and are economically feasible. While not called out specifically in the scope we anticipate that coordination between this task and PS 1 will be necessary in terms of outlining what types of land use configurations are economically feasible according to this market analysis. Deliverables: • Draft Market Feasibility Analysis • Final Market Feasibility Analysis • 1 Presentation of Market Feasibility Analysis • Ongoing Coordination with City (email, phone, etc.) Task 4.0 Fiscal Analysis AECOM will prepare a fiscal model for up to three (3) scenarios based on the analysis of current and projected fiscal conditions. The focus of the analysis will be on the General Fund revenues and costs, but may include otherfunds based on discussion with City staff. Working closely with the project team, the land uses for the scenarios will be assembled into a data base for fiscal analysis, including: acres, square feet and valuation of non-residential development; housing units by value and type, persons per household and household income; and infrastructure assumptions about public works, public buildings, parks, recreation facilities, open space, fire stations and other public facilities. Public revenue and cost fiscal factors will be developed through a current budget analysis and interviews with key departmental staff based on the City's current levels of service standards. Cost factors will be established at the departmental level. AECOM The demographic and market study will inform the development of the fiscal impact model. The net fiscal impacts of the opportunity corridors will be reported as a part of the overall scenario fiscal impacts and as separate line items to illustrate the fiscal impact of different development intensities and configurations. In consultation with City staff and drawing from the proposed development plan, AECOM will create fiscal assumptions that will be integrated into the fiscal model for evaluating the preferred General Plan and up to two of the proposed alternatives. AECOM will estimate these existing and potential revenue sources for General Plan land use alternatives and will compare them to projected costs to estimate net fiscal impacts associated with General Plan alternatives. In this Subtask we will also identify potential sources of capital financing to implement the General Plan's infrastructure and public facilities, including potential development impact fees, assessments, and special taxes; EIFD tax increment; grants and loans; new financing legislation being considered in the state legislature; and existing and potential federal, state, regional, and county funding sources. As an optional task, we can project potential capital financing revenue compared to costs for additional budget. These projections would be for planning purposes only, and not for public financing instruments without additional due diligence. It is important to note that AECOM has also submitted a proposal for PS1. AECOM's land use modeling tools can be tailored to provide fiscal analysis as well. If AECOM is selected for both issue areas we can prepare a scope that would include integration of this task into that model. Deliverables: • Draft Fiscal Models for up to Three (3) Selected Scenarios • Final Fiscal Models for up to Three (3) Selected Scenarios • One (1) Presentation of Fiscal Models Attended by Two (2) AECOM Team Members • Ongoing Coordination with City (email, phone, etc.) MOU No.:M-011-18-00 SCAG Project/OW No.:275-4823.01 Exhibit B COPY OF CONSULTANT CONTRACT April 19,2018 Page 17 AGREEMENT WITH MG, INC. TO PROVIDE PLANNING AND TECHNICAL SERVICES FOR PREPARATION OF THE COMPREHENSIVE GENERAL PLAN UPDATE THIS AGREEMENT is made and entered into this 19Tn day of December, 2017 by and between MIG'Ind.; a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 6, 2017, the City issued Request for Proposal ("RFP") No. 17-082 seeking consultants to provide planning and technical services for the preparation of the City's comprehensive General Plan Update. B. Consultant was one of three consulting firms which submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City including: RFP Item PS 1— Existing Land Use and Build -Out Analysis; RFP Item PS3 - Green and Complete Public Realm Approach and Methodologies; and RFP Item PS8 — Graphic Design and Web support services in furtherance of the General Plan Update. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete RFP Items PSI, PS3 and PS8 services described and set forth in Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B — Budget for RFP Items PS 1, PS3 and PS8. The total amount to be expended under this Agreement shall not exceed $238,500. Consultant has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total budget amount does not increase. EXHIBIT 2 Page I of 11 110 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on December 19, 2017 and continue for a two (2) year term with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage .Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 11 25M-24 Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANC> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 11 25M-25 iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 11 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRBUNATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 5 of 11 25M-27 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 11 25M-28 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 7 of 11 irI With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5897 To Consultant: MIG, Inc. Attn: Rick Barrett, Principal I I 1160' Ave., Ste. 404 San Diego, CA 92101 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. [signature page to follow] Page 8 of 11 25M-30 IN W n NESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Mafia D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:�, Lisa Storck Assistant City Attorney FOR APPROVAL: CANDIDA HEAL Interim Executive Director Planning and Building Agency CITY OF SANTA ANA Raul Godinez H City Manager MIG, Inc.: By: Title: Page 9 of 11 25M-31 EXHIBIT A SCOPE OF SERVICES -- RFP Items PSI, PS3 and PS8 25M-32 Exhibit A Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PS1) Scope of Work The MIGTeam'swork program includes a series of major tasks and subtasks, with Information from each step creating the foundation for the next task. We will perform the following tasks: TASK 1-PROJECT KICK-OFF AND COORDINATION Task 1.1 Project Initiation and City Tour The MIG Project Management Team will meet with Santa Ana's Project Team to kickoff the project, Identify communication protocols and review procedures, confirm the schedule and work plan tasks, and discuss communication strategies for the project, including coordination with other consultants assigned General Plan -related tasks. This meeting will be used to help define the Initial planning area for base mapping and early visualization efforts. MIG will also provide an information request to City staff outlining the GIS and other data needs for the project. Following the meeting, we will tour Santa Ana with City staff to experience conditions in the field and understand your vision for Implementing land use policy. City staff will be responsible for arranging a van for the tour and developing the tour route. Because MIG will be providing services related to corridor planning, graphic support, and document formatting support, our scope assumes that a single kick-off meeting will be held for our entire scope of services. Task 1.2 Project Management and City Coordination MIG will meet and teleconference with City staff at key points during the project to discuss progress, confirm upcoming milestones, and anticipate upcoming challenges. This task covers day-to-day project management tasks, Including Invoice review and preparation and contract administration for all services provided. Assuming a six-month work for the existing land use and build -out analysis tasks, the budget includes an allowance for this task. Any additional time required for project coordination of other program components beyond the allowance will be billed as provided In the master contract. Task I Deliverobles and Meetings Klck-Off Meeting • Project Management Teleconferences and Team Meetings • Request for information letter(PDF) TASK 2 —BASE ANALYSIS AND EXISTING LAND USE INVENTORY Task 2.1 GIS Base Map MIG, In coordination with the City, will define and format base maps for use throughout the process. MIG will collect and review existing GIS data from the City, Including citywide existing land use, General Plan land use designations, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and, If available, building footprint and height attributes. We will provide recommendations for map layout In letter (8.5" x 11") and tabloid (11" x 17") sizes for use In the General Plan document. We understand the City has many GIS layers and various data available at the start of the project that will be provided to us. Task 2.2 Visualization Base Model MIG's visualization specialists will begin the groundwork for developing the initial stages of the existing physical environment for the study area. This preliminary work will be done at a high level for planning study purposes, with more details to be added during subsequent tasks. Using GIS data from Task 2.1, MIG will re-create the existing streetscapes, building forms and massing (Including number of building stories), urban open spaces, public right -a -way, and other physical features of the built environment. MIG will provide City staff up to 10 view Images showing the draft visualization base model work. Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 1 25M-33 Task 2.3 Existing Land Use Inventory and Baseline Land Use Analysis In coordination with City staff, MIS will update the existing land use data within areas defined in the Santa Ana Envisioning Map. Prior to updating the GIS data, MIG will confirm with the City which existing land uses to refine as part of this task. Using existing land use databases provided by the City, Including the Santa Ana Property Information Network (SAPIN), MIG will begin to refine the existing land uses on a parcel -by -parcel basis. MIG will work with staff on using the SAPIN building permit database. Refinement will include identifying and researching outdated assessor parcel numbers, verifying building square footage and residential units, and recategorizing datasets to allow for consistency between General Plan land use categories. If necessary, MIG will conduct limited land use survey using aerial imagery and Google Street View (Google Maps). One citywide draft existing land use map featuring up to eight subareas will be provided to City staff for review in PDF and ArcGIS Map Package format, with two rounds of edits. The existing land use data will also be provided in Excel format that can be used with the SAPIN database. If GIS data requires updating beyond the detailed land use survey, as discussed In the following tasks, it will be performed on a time -and -materials basis with prior written authorization from the City. Once the existing land use data have been confirmed by City staff, MIG will build the Baseline Land Use Analysis spreadsheet In Excel that establishes the existing conditions for housing units, population, non-residential square feet, and number of employees for each existing land use category to establish baseline land use conditions for planning and CEQA analysis purposes. We will coordinate with the City to establish appropriate factors for population and employment estimates. This will create the baseline spreadsheet that will be integrated into Task 3A (Draft Land Use Alternatives Build -Out Model). Task oellverables and Meetings GIS Base Map • Draft Base Model Images (10 images and PDF) • GIS Existing Land Use Map and associated tabular data (PDF and ArcGIS Map Package) • Baseline Land Use Analysis Estimates (Excel) TASKS -LAND USE BUILD -OUT ANALYSIS Task 3.1 Client Working Session #1(Confirm Build -Out Assumptions/Methodology) To begin measuring the quantitative assessment of socioeconomic and environment factors, MIG will meet with City staff, and if necessary the Inter -Team (City staff, MIG, and other General Plan program consultants), to brainstorm land use alternatives for one -day charrette (Task 3.2) and confirm preliminary assumptions, formulas, and indicators for the land use alternatives. This work will inform Task 3.2. MIG will also outline the methodology that will form the frameworkfor the Draft Land Use Alternatives Build -Out Model. Examples of assumptions Include, but are not limited to, average residential densities, non-residential floor -area ratio (FAR), vacancy rates, household size, and employees per square foot of building area. MIG will prepare an agenda and other materials In advance of the meeting to support this discussion. The list of assumptions, formulas, and methodology will be summarized Ina memorandum and revised based on one round of City comments. Task 3.2 City Staff One -Day Digital Land Use/Design Charrette (Land Use Alternatives and 3D Visualization) MIG proposes to conduct a one -day charrette with City staff. The first half of the day will involve a working session meeting with City staff on land use alternatives from Task 3.1. During the second half of the day, our 3-D specialist, Chase Mullen, will help visualize the land use alternatives. In the first charrette session, MIG will use ESRI ArcGIS to identify land use alternatives with the software running and displayed on a large screen. At key study areas, staff can adjust land uses applied to certain corridors. During the afternoon, and based on the information produced during the land use alternatives session, we will focus on creating a 3D visual environment for the study areas based on a refined set of alternatives. Prior to the charrette, MIG will build the existing conditions for potential change areas by drawing existing buildings and street layouts as defined in Task 2.2. MIG can illustrate and present various alternatives scenario in a 3D format. The 3D focus of the charrette provides staff a preview of what the physical environment can look like based on architectural design, massing, height, building style, setbacks, and open space features. Task 3.3 Land Use Envisioning Map — Draft Preferred Land Use Plan Alternative Based on City staff guidance from the alternatives analysis Identified in Task 3.1 and Task 3.2, MIG will develop a Draft Preferred Land Use Plan Alternative. The maps will include one Land Use Envisioning Map and Individual focus/corridor maps for further refinement with staff and the General Plan Advisory Group (GPAG). MIG will produce the maps and revise them based on two rounds of City and GPAG comments. Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 2 25M-34 Task 3.4 Land Use Alternatives Build -Out Model MIG will build a Land Use Alternatives Build -Out Model using Microsoft Excel that will Integrate the existing baseline land use Information, assumptions, and formulas for indicators and the quantitative results from the land use alternatives developed in the previous tasks. The custom Build -out Model will identify all the assumptions for each land use category and for each alternative. The Build -Out Model will analyze two land use alternatives for the Land Use Visioning focus and corridor areas. The Model will also summarize the results in a simple, easy -to -read summary page that can be exported into Microsoft Word or PowerPoint or PDF. Task 3.5 Client Working Session 112 (Review Alternatives and Draft Model) MIG will meet with City staff, and if necessary the Inter -Team, to review findings from the one -day land use and design charrette. The meeting will also be used to present the Draft Land Use Alternatives Build -Out Model. MIG will bring a laptop with a working version of the model and review the results project on a screen. MIG will prepare an agenda and materials in advance of the meeting to support this discussion. Task 3 Deliverables • Client Working Session #1 (Assumptions/Methodology) Land Use Assumptions and Methodology Memorandum (PDF) • Land Use Alternatives Envision Map(s) (PDF and ArcGIS Map Package) • Draft Land Use Alternatives Build -Out Model (Excel) • Client Working Session #2 (Review Draft Model) TASK 4 — LAND USE SCENARIO VISUALIZATION Task 4.1 Draft Visualization Concepts After ca pturing the essence of each land use alternatives area through the charrette process and City staff working sessions, MIG will create a collection of graphics that illustrate the visual conditions proposed within each of the areas and alternatives. MIG will work with City staff to Identify how best to illustrate the visual conditions and what combination of visualization tools and methods will best tell the story about the potential changes for each area and alternative, and how the changes will fit into the surrounding context, MIG has an array of visualization tools ranging from photo -realistic animations, photo simulations, interactive real-time virtual models, and conceptual artist renderings. We will stay flexible throughout the visual analysis process until as late as possible to help the team identify the right style(s) and process to communicate effectively. MIG has budgeted visualization for up to eight areas and up to two land use scenarios for each area. MIG will prepare up to 16 draft images of the selected visualization tools and revise them based on one round of City comments. Visualization will Include building type and massing, street and public realm Improvements, and transportation Improvements. Draft virtual models will be provided to City staff using Sketch Up Viewer software. Task 4.2 Client Working Session #3 (Draft Visualization Results) MIG will present the draft visualization concepts from Task4.1 (Draft Visualization Concepts) to City staff during a working session. The purpose of the meeting is to get feedback from City staff to move to the final visualization phase. MIG will prepare an agenda and materials in advance of the meeting to support this discussion. Task 4.3 Final Rendering and Photoshop Compositions With direction from City staff in Task 4.2, MIG will finalize the photo -realistic animations, photo simulations, Interactive real-time virtual models, and conceptual artist renderings. MIG will prepare up to 16 final Images of the selected visualization tools and revise them based on one round of City comments. Task 4.4 Integration with Urban Footprint (SLAG Scenario Planning Model) MIG will work with City staff to integrate the land use alternatives Into the SCAG's Scenario Planning Model. MIG will develop a matrix that aligns the City proposed land use designations with SCAG's library of 35 Place Types. MIG will also assist with the assumptions transfer from the build out model to SCAG's model, as well as analyzing scenario results. We have budgeted a specific number of hours for this task, not knowing the extent to which City staff will want our assistance. If additional work is needed beyond the budgeted amount for this task, it will be performed on a time -and -materials basis with prior written authorization from the City. Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 3 26M-35 Task Dellverobles • Draft Visualization Concepts(16 Images and PDF) • Client/Inter-Team Working Session N3 (Draft Visualization Results) + Final Rendering and Photoshop Compositions(16 images and PDF) • Final Land Use Alternatives Build Out Model (Excel) • Scenario Planning Model Matrix (Excel) Santa Ana General Plan Update Planning Studies Existing Land Use and Build -Out Analysis (PSI): Scope of Work ................. Page 4 25M-36 Santa Ana Green and Complete Public Realm (PS3) November 28, 2017 Scopes Following the scope of work as described in the Request for Proposals, MIG will perform the following tasks: Task 1 — MIG will identify two example documents of best practices for "green", sustainable, complete corridors, and amenitized public realm plans, for review by City staff. Based on City staff feedback MIG will summarize results and key components of the example public realm plans in brief 5 to 8-page memorandum. The memorandum will also include 1-2 pages of best practices recommendations for funding of capital construction and operation/maintenance of a model public realm plan. Example documents will be selected for their specific applicability to Santa Ana. MIG anticipates one month for this phase including identification, review, and summary of resource documents, and preparation of best management practices for funding of capital construction and maintenance/maintenance of model public realm plan. Task 2 — Based on direction from City staff, MIG will utilize the example public realm document(s) to update the existing Metro East Public Realm Plan Including the expansion of Metro East on 18' Street to Grand Avenue (per email Melanie McCann email November 16, 2017) or create a new Public Realm Plan for one selected Land Use Corridor. The other potential Land Use Corridors are as follows: • Seventeenth Street • Bristol Street • Main Street • Grand Avenue • Tustin Avenue • Santa Ana Boulevard • First Street • RedhilVAlto/WarnerAvenue Harbor Boulevard MIG anticipates two months for completion of this task including one Draft Final version (approximately 30-35 pages) and a Final document (approximately 30 - 35 pages). The City of Santa Ana will provide one set of consolidated comments to the Draft Final document within two weeks of submittal to the City of Santa Ana. MIG will return the Final document within two weeks of return of consolidated comments from the City of Santa Ana. MIG Santa Ana Green and Complete Public Realm (PS-3)1 MM MIG will provide five hard copies of the Draft Final (Administrative Draft) and one copy of the Final document, plus a digital PDF version per the RFP. Task 3 — This task includes two options, based on direction from City staff. Option One — Utilized the example public realm plan to create a second Public Realm Plan for one of the Land Use Corridors identified in Task 2. Where efficient and feasible, portions of the second Public Realm Plan may be coordinated and prepared at the same as the First Public Realm Plan. The draft and final products shall be the same for the First Public Realm Plan and Second Public Realm plan per below: MIG anticipates two months for completion of this task including one Draft Final version (approximately 30-35 pages) and a Final document (approximately 30 - 35 pages). The City of Santa Ana will provide one set of consolidated comments to the Draft Final document within two weeks of submittal to the City of Santa Ana. MIG will return the Final document within two weeks of return of consolidated comments from the City of Santa Ana. MIG will provide five hard copies of the Draft Final (Administrative Draft) and one copy of the Final document, plus a digital PDF version per the RFP. Option Two - Building on literature search, MIG will create a Public Realm Plan Resource Guide and template to facilitate the creation of future public realm plans used by Santa Ana City staff. This will include but not limited to eco-friendly swales in parkways, a menu of corridor design features supporting walkability, biking, transit and non -motorized travel, as well as landscape and design solutions that promote active streets, a scenic corridor, and a sense of place. Specifically, the Resource Guide will include a menu of images and descriptions for hardscape design and materials, sidewalk pavement, streetscape furnishings applicable for various land use intensities, landscaping (California -friendly plant palette), lighting, LID best practices, wayfinding, bike parking, rest stops/benches, transit stop designs, the integration of art, and other amenities that encourage pedestrian safety and enhance the streetscape. MIG will primarily utilize the reference documents that have been recently authored by MIG for other municipalities, by creating new standards and guidelines that are specific to the City of Santa Ana. The Public Realm Plan Resource Guide and template will be primarily graphic with easy to read bullets and notations. It will include custom graphics created specifically for this MIG Santa Ana Green and Complete Public Realm (PS-3) 2 25M-38 Resource Guide, as well as select precedent imagery that is specific to Santa Ana streets. MIG anticipates two months for completion of this task including one Draft Final (20 to 25 pages) version and a Final document (20 to 25 pages). The City of Santa Ana will provide one set of consolidated comments to the Draft Final document within one week of submittal to the City of Santa Ana. MIG will provide five hard copies of the Draft Final (Administrative Draft) and one copy of the Final document, plus a digital PDF version per the RFP. The In Design native file will also be provided to the City for future edits and use. Approach and Methodologies MIG has reviewed the Metro East Public Realm Plan as well as other documents referenced in the RFP. The Metro East Public Realm Plan is an excellent document published in 2007. Although that may not seem too dated compared to other city and community plans, many changes have occurred in the planning and design of stormwater control, green streets, complete streets, and pedestrian amenities that necessitates a thorough update. MIG has authored many of public realm plan documents that will assist in Task t. In addition, MIG landscape architects and civil engineers included in this proposal, particularly in our Seattle office, have led numerous green street projects for the City of Seattle, Pacific Northwest communities, and California communities. Many of these projects began as design guidelines and policy documents but more importantly, resulted in constructed projects. This full -circle approach has provided MIG landscape architects and civil engineers a complete and thorough understanding of what works and what doesn't, resulting in a robust understanding of lessons learned, which will be applied to the Santa Ana Green and Complete Public Realm project. In addition, MIG landscape architects and civil engineers are sought-after public speakers at a variety of conferences focused on green streets and complete streets around the country. It is important for Santa Ana to have industry leaders that stay ahead of the rapidly changing fields of green streets and complete streets. MIG practitioners are industry leaders. In addition, MIG has conducted a driving, walking, and photographic survey of the Metro East and other corridors being considered. There are significant opportunities for transformation of the corridors and streets being considered. Opportunities for modifications to the Metro East Public Realm Plan and other corridors include the following: STORMWATER CONTROL MIG Santa Ana Green and Complete Public Realm (PS-3) 3 25M-39 Management and control of stormwater in urban areas has seen significant change in a decade. Requirements for storm water control have become more restrictive and regulated, which thankfully has led to an overall improvement in the water quality of our water bodies. While requirements are imposed by the State of California, Santa Ana also has requirements. However, despite more regulations, there are also more opportunities for funding of stormwater improvements from Federal, State and Local sources. As an example of this, many cities are reducing excess hndscape including asphalt, for increased direct stormwater infiltration into soils. This not only improvements stormwater quality before it enters water bodies and aquifers, it also becomes opportunities for added landscaping and green streets. GREEN STREETS Like stormwater, the greening of urban streets is a rapidly changing field that can result in more attractive public realm and pedestrian environments, but can also strain city maintence and operations budgets if not done properly. The science and best practices of growing healthy trees in urban areas is a field that MIG practitioners are experts in. In addition, knowing which trees grow best in each type of urban environment is essential, as well undertesting the design objectives of each street, especially in Santa Ana. MIG landscape architects and civil engineers understand the real importance of subsurface growing conditioner and bring a thorough understanding of the nexus between tree health, soil, aeration and irrigation, MIG landscape architects and civil engineers also are experts in preparation of cost estimates and maintenance manuals for municipalities. This full -circle approach will be key to creating sustainable and cost- effective green streets in Santa Ana. MIG will work closely with the City of Santa Ana staff to identify opportunities and cost- effective recommendations for the greening of Santa Ana's streets. This includes but is not limited to expanding tree planting areas in sidewalks with additional parkway planting, creating bioswales within sidewalks and parkway areas, and removal of excessive areas of street asphalt and replacement with rain garden and infiltration basins. An understanding of subsurface soils and soil composition as evidenced through existing geotechnical reports will be also be an important factor. In addition, the creation of green streets within Santa Ana will be a great opportunity for education and will incorporate interpretive displays that can demonstrate the benefit of "going green". Parkway planting and bioswales can also feature design elements such as pollinator plants that are both beneficial to the environment but also become teachable moments for residents and school children. MOBILITY AND COMPLETE STREETS MIG Santa Ana Green and Complete Public Realm (PS-3) 4 25M-40 MIG has been leading the revolution in rethinking the design of American streets for over a decade. As demonstrated in the MIG created and curated website www.restreets.ora, MIG has gone well beyond Complete Streets and has been designing and building streets that focus on sustainability, livability, and economics in addition to accommodating the traditional Complete Streets mobility modes. Like stormwater engineering and green streets design, MIG planners are national authorities in creating complete streets that accommodate all forms of mobility. MIG understands the trade-offs associated with design challenges such as reduction in lane widths to create buffered bike lanes, or increasing sidewalk widths and creation of bioswales. MIG's observation of the street designs within the Metro East Public Realm Amenity Plan and our driving and walking tours of this area, and other street corridors being considered, and initial review of other Santa Ana documents including the Complete Streets Plan and Bicycle Master Plan, suggests that there are ample opportunities for better accommodation of all modes of traffic. DESIGN AMENITIES As requested in the RFP, a public realm plan that identifies design solutions related to hardscape designs, art, landscape and trees, benches, street and pedestrian lighting, bike racks, and activating the street are a key. MIG will provide expertise and recommendation for a variety of design amenities for the public realm plans to be developed. Special Suggestions/Concerns MIG does not anticipate or have any special suggestions or concerns other than those outlined in the above approach, which are typical for any complete streets and urban greening project. MIG Santa Ana Green and Complete Public Realm (PS-3) 5 2. APPROACH (PS8) Approach and Methodology MIG's approach leverages our staffs extensive experience providing graphic design, document editing and web technology services to planning agencies for community engagement, public education and document and website production. As planners, designers, communication specialists and web engineers, the MIG Team possesses the breadth of professional skills required to support your planning team's graphic design and document production needs throughout the General Plan Update process. Our approach anticipates the completion of three major deliverables: 1. Ongoing graphic and web design support providing visually interesting content to promote community engagement and understanding of the General Plan Update; 2. An elegant and technically robust printed General Plan document; and, 3. An interactive, searchable and mobile -optimized web -based General Plan website. Cupertino General Plan The MIG Team fully understands the third deliverable is not a requirement of this RFP. However, we are including this deliverable in our proposal because it is a valuable and extremely cost-effective result of our innovative document production methodology and tools. Specifically, our approach includes the use of ingenious new software, called Tangerinel', that enables planning agencies to easily, automatically and cost-effectively convert complex and long print documents to searchable interactive websites. The use of the TangerineT software solves a problem that cities, counties and planning agencies have faced for years — how to convert print documents into interactive web documents simply and affordably. Tangerine'"" does this by using the same Adobe In Design or Microsoft Word document template created to produce an elegant complex print document and automatically converts it into a mobile -optimized, searchable and interactive website in just minutes. TangerineTM is now open source software thatwas just awarded the American Planning Association (APA) j Technology Division's 2017 Smart Cities Award. (For 4I more information on the TangerineTM software, please go to www.tangerinedocuments.com) T �Y'• 0 CITY OF SANTA ANA I comprehensive General Plan Update and Envisioning Sustainability Together 25M-42 Activity Centers: Central Business District Clawntawn) :- - mmm�au,Bnmmwem.d�dtl. CENTRAL eesnlssniseitt roummva)crsmeu rrencesarnr ,�„dma„mu„,pure;a»„an ,axu 6 ed d.mr d 8m Heabk vaGbei miniµ � Faltlmg•Rmeaewxl Svam Sonstltl�Da.[mmkMenm e-dIDae vast arenNgaambV4,cW lvalmt �,,�• ptrgY;,Vk 'lmrf¢91map'i7l[>viYabnaM O1mIYI1a"•IIP:•GRYH19p.LMYmY:,aR TmW Ulma��W bv*ardldaed'ebrtwatilWebgewu,a.. hrN+Yv6adpaaaV6eelwe: mtl.Snm. R(L,141 PLt9d®kR `i`b% mlNwtlYtl:O'IXLakJ WYEMtfro:eiw�\t ® Ibra,mi•eD15,sfYwmk2e9 1neGye'edaveotigFinaH,aiNa:u.e {WaM1aOGIY yY tAu rmw43+d'r WwwuLW�0.rA wMNa:arWdmrrbansCtmkeM rmq•ana•nJan•adeaaaeoo lae�¢eeranmmau.ao-�a.d �� la¢edml�IeY ey.mamasaA =tlo.aa,uavmy tla�m:q.eemaQ-eromsem4,xmmam,maaemvsau: rr>Qvbl rmax..a:new•�s sd—mn�•a® i�¢�ko'.W w e:rWWWmb 0.a:mmre�[mo.uuR I u bP.blh'4 Rod ARC. niYa• laox I DfflbpM ee dWd 1 _'••._ r i I sox i 1 i. • �` 6Yx _ 1 Hvnm¢+T!®ewtl9mom �—.S - I7f} � I`{ I .h' J ralV/b/4a'NA�MAMyY4 M W„eetle4v A4®hM MMaNMmi4 Moreover, the use of TangerineThe in our approach enables the MIG Team to offer the City of Santa Ana an elegant and technically robust printed General Plan document and a personalized, ADA compliant, fully searchable and mobile -optimized website at an exceptionally cost-effective cost. Detailed Work Plan This detailed work plan includes the following assumptions: • The General Plan Draft text will be written by the City of Santa Ana staff and provided to MIG for editing as a Microsoft Word document. • All General Plan photos and graphics will be provided by the City in the highest resolution available and in native format. The MIG Team will provide diagram enhancements (e.g. enhancements to process diagrams, charts and graphs) and photo correct or enhance photos as needed to ensure they are consistent with the General Plan style guide created by the MIG Team. • The City will prepare all maps and MIG will stylize the maps following the guidelines established in the General Plan style guide. • MIG will either host and support the City's new web -based General Plan on its enterprise -class Amazon Web Services (AWS) cloud infrastructure or help the City contract with another hosting provider. ; Ltj� Ir I• In I SA Tomorrow Comprehensive Plan TASK 1: CREATE THE GENERAL PLAN STYLE GUIDE The MIG Team will create a City of Santa Ana General Plan style guide that illustrates the typography, colors and graphic styles for maps, charts, diagrams, photos and text that will appear in the General Plan. The style guide will applyto,both print and web versions of the General Plan, calling out differences whenever appropriate. This task includes the creation of two distinct style guides for the City to review. The City will select one of the style guides and MIG will perform one round of edits to the selected style guide based on City comments. Completion of a City -approved style guide provides the final design direction for all graphic elements contained in the General Plan document. TASK 2: DEVELOP THE GENERAL PLAN DOCUMENT LAYOUT AND CONTENT ARCHITECTURE The MIG Team will review relevant General Plan documents with City of Santa Ana staff. Based on City feedback and comments on these documents, the MIG Team will produce a draft layout for review that contains City of Santa Ana sample content and accurately depicts the content architecture for the General Plan. The MIG Team will perform one round of refinements to the draft layout and content architecture based on City comments and direction. PSa Graphic Design and Support 0 25-43 `� MIj,�GI Completion of a City -approved document layout and content architecture establishes the foundation from which the MIG Team can create the Microsoft Word or Adobe InDesign document framework required for staff to use for writing and editing of the Administrative Draft General Plan. TASK 3: CREATE INDESIGN OR MICROSOFT WORD DOCUMENT FRAMEWORK Depending on City staff expertise and software availability, MIG will build the document framework for the General Plan using the City's choice of either Adobe InDesign or Microsoft Word. Using the MIG-created document framework when you start writing the General Plan ensures that draft versions of the General Plan adhere to the approved style guide and document layout from the beginning. TASK 4: GRAPHIC SUPPORT AND PRODUCTION MIG will support City staff as needed to ensure that all graphics (diagrams, photos, charts and maps, etc.) adhere to the approved style guide. This support will include providing City staff with design samples and specifications as well as direct graphic manipulation and graphic production work. As part of this task, MIG will recommend compelling graphics forthe web -based General Plan and create web -ready versions of these graphics. In addition, MIG will provide graphic support to illustrate unique urban design considerations. TASK S: DOCUMENT SUPPORT AND PRODUCTION MIG will support the City during the development of the draft document by providing professional and experienced General Plan planning staff to review and edit the draft document. In the budget we provide an allowance for this task. MIG will provide five printed Administrative Drafts and a printed Final Draft. MIG will provide the City with an editable file of all final public drafts and final public planning reports in either Microsoft Word or Adobe InDesign formats and editable PDF format. mclusIVr AUTHENTIC. �pMir'M f u.4• eak f.+'sw.+N � a.x_M� n FLEXIBLE +A.ry 'T� ✓"� 4 NMI ii ..X ratio +/. North Tryon Vision and Implementation Plan 0 CITY OF SANTA ANA 1 Comprehensive General Plan Update and Envisioning Sustainability Together 25M-44 North Tryon Vision and Implementation Plan TASK b: CONFIGURE AND CUSTOMIZE TANGERINE''^ MIG will setup and customize the TangerineW software for single click website creation using the InDesign or MS Word template. This task includes an Alpha release of the website upon 25%completion of the content loading and a Beta release upon 50% completion of the content loading. This task also includes development of any auxiliary website pages such as the home page or other landing pages not part of the InDesign template. Once the General Plan is approved for public review, MIG will make the web -based General Plan version publicly accessible. TASK 7: ANNUAL WEBSITE SUPPORT AND HOSTING (1 YEAR) MIG will provide the City of Santa Ana with support and hosting of its new web -based General Plan for one year. If after the Initial year, the City chooses to continue using the Tangerine''" SaaS platform for the ePlan, MIG offers competitive, high -quality annual and multi -year support options tailored for public agencies. 10vrIA2040 Mtiv. mm+arm umm Im.} unwnRnm Creating a Shared Vision for the Future of Our City WANR.WYvtwNll�dsaA,m a+mmmm.,aAagr�w..n.m}m �avYMYwY,w1A}kexy.�p,Nn, _ p4.m,y4WmxYplAra/Y �1 1I'� I aoao general plan II =�^swY.+.e., male X�tarrc U4Mcts and aowurces Gt141 �+..n,u,..a.xwaavm.n..w-..0 n}vi�wwm, mxw.uarvae..ea+.++..u". �vr,.ur } ... _ Oxe.eS,.,vxwyga6M.ae..nwmi.onv.}eviwa .no ImAW,aMUMem, � MY. �Ml .a�°u 1 i YAIMIVmv}e,ryX, Website Examples: OurLA2040 General Plan Outreach Portal, Hayward 2040 ePlan and SA Tomorrow 25M-45 PS8 Graphic Design and Support 0 n L A ]e Qa `f �r I I Z I I I I ISI I I I MH ..........:................. ..............................................:............... .... ..... ............ ._............... I a M M Im ® i � ® _l �O) o 7 cll = S U 26M-46 EXHIBIT B BUDGET - RFP Items PS1, PS3 and PS8 Page 11 of 11 25M-47 to CL T to adsP ag„gar:= $ nr{ R a- $s a$ s$$ ass n a I g �I R 2 5a� =ana��- gg »da - as am A 4 2 P, C n M t� 1 i� i el .� �• p 25M-48 , „ <• ° l;4;! � - � .,,_I 2. ,..._ ,.:.� .-,,■ ; ) ` !a. �,,�, §]|f; • 25M-4 @ 3, FEE SCHEDULE (PSS) Fee Proposal The MIG Team has provided our estimated cost by task and a total project cost to complete the Detailed Work Plan proposed on the following page. OPTIONAL TASKS With regard to Optional Tasks described in the Detailed Work Plan, the associated costs would vary depending upon the level of effort requested by City Staff. In the Fee Proposal we provide estimated costs for each optional task. We would discuss the costs with you prior to scope refinement. HOURLY RATES Professional time is billed according to the hourly rates as presented in the Fee Proposal table. The proposed hours and associated professional time costs for MIG team members are provided In the table. DIRECT COSTS Direct costs or project expenses such as photocopying (large -quantity), plotting and printing (b&w, color) are charged at cost, plus 10%. The cost of communications including postage, courier and other delivery costs are charged at cost, plus 10%. The mileage charge for personal autos will be the currently applicable mileage rate established by the Internal Revenue Service. All other travel expenses such as accommodations, parking, tolls, etc, are charged at cost plus 10%. MI Wa G Should we be selected, MIG will review each assignment's objectives carefully with City staff and tailor our scope and cost to best meet the needs and resources of the City of Santa Ana. 25M-50 PSG Graphic Design and Support 0 \ \ 2 \- .��,.\!�� ; \ �--!!°-2- §;;;■a\ \:. \ ! � ) }} I ' )\ )})}!//,{° E 25M.51 25M-52 AGREEMENT WITH AECOM TO PROVIDE PLANNING AND TECHNICAL SERVICES FOR PREPARATION OF THE COMPREHENSIVE GENERAL PLAN UPDATE THIS AGREEMENT is made and entered into this 1911 day of December, 2017 by and between AECOM, a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 6, 2017, the City issued Request for Proposal ("RFP") No. 17-082 seeking consultants to provide planning and technical services for the preparation of the City's comprehensive General Plan Update, B. Consultant was one of three consulting firms which submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City and provide market and fiscal analysis services in furtherance of the General Plan Update. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B — Budget. The total amount to be expended under this Agreement shall not exceed.$69,069.30. Consultant has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total budget amount does not increase. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. EXHIBIT 3 Page l of 10 26M-53 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. ® ,116 This Agreement shall commence on December 19, 2017 and continue for a two (2) year term with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSIIIP OF MATERIALS This Agreement creates a non-exclusive and perpetual Iicense for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Page 2 of 10 25M-54 Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Cade, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates.of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. Page 3 of 10 iv. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8, INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability. (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infiingement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 10 25M-56 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual. orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any Page 5 of 10 25M-57 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 10 25M-58 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.Q. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning Soria R. Carvalho and Building Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) F.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714-647-5897 Fax: 714- 647-6515 Page 7 of 10 25M-59 To Consultant: AECOM Attn: Ryan Wiggins, Principal Agent 410 West A. Street, Ste. 1200 San Diego, CA 92101 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CANDIDA NEAL Interim Executive Director Planning and Building Agency CITY OF SANTA ANA Raul Godinez II City Manager AECOM: By: Title: Page 8 of 10 2SM-60 EXHIBIT A SCOPE OF SERVICES 25M-61 AECOM Exhibit A: Santa Ana Market and Fiscal Analysis Scope of Services, Methodologies, and Work Products Task 1.0: Kick -Off Meeting and Project Initiation We have included an initial meeting between City and AECOM staff to refine the work plan and outline and discuss and clarify key issues, variables, and project objectives and goals. The AECOM team will then provide a detailed work plan and schedule to the City. This initial meeting along with the deliverables will serve to enhance cooperation and expectations throughout the project to achieve efficiency, cost- effectiveness, and high -quality deliverables. Due to a number of recently completed City documents such as the Santa Ana Economic Development Strategy in 2016 and the Consolidated Plan, a significant amount of the basic market Information and economic development programs have been documented in just the last few years. As such, the initial phases of this work will include a review and validation of the background data for these documents as well as identify any gaps or additional research that must be done. The scope and budget assumes that much of this background data will be readily available, in a usable format, and that would only need to be updated with more recent data. We anticipate the bulk of the work will involve estimating future land use demand based off of forward looking demographic and market trends and then applying these tests to the viability of the Land Use Visioning Map, the Identification of Innovative land use mixes, and fiscal analysis of selected Preferred Land Use Alternatives. Deliverables: • Refined Project Workplan • Refined Project Schedule • One (1) Project Kick -Off Meeting Attended by Two (2) AECOM Team Members Task 2 — Existing Conditions Analysis Task 2.1 Demographic Profile The market analysis will include documentation of various socioeconomic and demographic trends based primarily on data from the most current Census, American Community Survey, SCAG, and other 25M-62 AECOM similar sources as necessary. Where data from multiple sources Is necessary AECOM will evaluate data methodology to ensure consistency between sources. Population and demographic trends will include growth and characteristics such as age distribution, gender, languages spoken, ethnicity, and education levels. Household trends will include growth and characteristics such as income distribution and sources of income, renter vs. owner tenure, household size and occupied unit distribution, and households by age of householder. A thorough documentation of Santa Ana's existing demographics and potential long-term trends is especially Important forthe overall market analysis given its unique characteristics. The demographic profile will be compared to Orange County as a whole, and neighboring cities. This analysis is expected to demonstrate a continuation of long-term trends in Santa Ana that include high population density, a large average household size, and per capita and household incomes that are on average lower than the county and neighboring cities. An important consideration is the distribution of household Income by income category. It's not unusual to see a market that has low average incomes overall, but not realize that average Incomes are low because the market analyzed has a high percentage of lower income households and low percentage of high income households, not recognizing that the market may have a comparable and growing share of moderate income households. Many credit retailers only look at the averages, not the distributions when looking at markets. It's been our experience that some markets with low averages actually have a healthy middle Income population that in aggregate provides significant buying power, but Is under - served. This creates opportunities for commercial economic development. Task 2.2 Employment Profile Employment profiles related to the workforce will be documented in the population profile above, with the addition of wage distribution, unemployment, and sources of income forthe workforce living in Santa Ana and surrounding communities. Destination/Origin data will be reviewed to evaluate the geographic distribution of the workforce working within Santa Ana, and the workforce living within Santa Ana and their commuting patterns. Documentation of employment within Santa Ana using U.S. Census Bureau data augmented with SCAG data will be completed and compared to Orange County as a whole, and neighboring cities: • Employment in place • Employment by firm size categories • Growth in firms by size categories • Trend data to the extent it is available • Major employers 411'/_ 11 AECOM The Santa Ana employment and industry profile will be compared to the region and the nation as a whole. A location quotient and shift -share analysis of industry will be prepared. The export orientation of selected Industries will be described using data sources as the Orange County Community Investments Division industry cluster analyses. Average wage of clusters by category will be documented. Existing jobs/housing balance will be compared to the county as a whole and nearby cities. Task 2.3 Market Trends Retail, Office, and Industrial AECOM will document and analyze retail, office, and industrial trends overtime including the rental/lease rates (NNN), vacancy rates, and absorption and the competitive environment, augmented by Identified planned and proposed projects using the best available data from sources such as CoStar, brokerage houses, and others. Characteristics of the market will be evaluated including different categories, size and sales. Again, we will validate recent market research which will likely reveal the continuation of recent trends rates in Santa Ana as compared to Orange County and neighboring cities. Forthe retail sector we will estimate existing and future Santa Ana Income levels and average amount spent per household to estimate the total resident buying power and the amount of retail leakage that is occurring in Santa Ana as well as potential for additional retail attraction to the market. Factors such as the growth in Internet sales will be taken into account based on national trends and accounted for in the assessment of leakage and potential retail attraction. Comparisons to neighboring cities will be made. We will add factors forworker purchases and visitor -related purchases to estimate aggregate buying power potential. Based on market share assumptions given the existing and anticipated competitive environment, we will estimate captured sales in Santa Ana by major retail category and translate these sales into supportable space and land area given sales/square foot factors, stabilized occupancy rates, and FAR assumptions. We will conduct sensitivity analysis of key variables to estimate supportable space under up to three scenarios. Again utilizing data from sources such as CoStar and others, industrial and office trends of the Santa Ana area will be documented and analyzed. This will include a more detailed evaluation of the key industrial and office employers by sector. As necessary additional data will be drawn from the Census, Bureau of Labor Statistics, and similar sources if it is necessary to augment existing city background data from previous documents such as the aforementioned Santa Ana Economic Development Strategic Plan. Vacancy rates and asking rent per square foot for Industrial and office space will be documented by location and by type based on secondary data sources forthe Santa Ana market as a whole and the opportunity areas. Net absorption will also be documented for Santa Ana and the same opportunity areas. Potential market demand will be based on historical absorption trends and projected employment in those sectors that generate demand for industrial and office space for Santa Ana, compared to the 26M-64 AECOM county as a whole, and neighboring cities and also for the opportunity areas as compared to similar areas in the region. Potential industrial and office employment will be translated into demand for occupied space and land area at employment density and FAR factors. Major anticipated changes in the market that could result in significant changes in historical trends, positively or negatively, will be identified. One of the key questions to address for each of these three sectors is the extent to which market rents support new construction costs, and, if not, how much would they have to increase in real terms to support new construction. Housing Market Trends The existing housing stock will be documented to include age, type, and current market costs for ownership and rental housing based on the most recent data available from secondary data sources. Costs will include an evaluation of long-term trends in terms of housing value and absorption utilizing Information from secondary data sources. Estimates of future housing costs will be projected using long- term residential property appreciation assumptions. AECOM will estimate the minimum Income required to afford current and potential future housing based on current standards for rental and ownership costs as a percentage of income. This will then be compared to estimated household income growth and distribution. AECOM will estimate future demand and absorption for housing units based on projected regional population and employment growth, household formation assumptions by age of householder, and size categories, and the portion that could reasonably be expected to accrue to the Santa Ana market. SCAG projections for the county and Santa Ana will augment Census and American Community Survey data where necessary. Various market share assumptions for the Santa Ana market will be applied to test different scenarios for residential, retail, office and industrial growth in the overall market. Residential absorption rates will also be applied to the Land Use Envisioning Map potential residential transition areas to estimate how much of future residential multifamily demand absorbed in those areas at different price points over time and at the currently identified densities. We also propose two stakeholder group meetings to supplement the analysis. These meetings would include a range of stakeholders from the different sectors as well as neighborhood and community stakeholders that can share challenges of the current housing market. Deliverables: • Two (2) stakeholder group meetings • Draft Existing Conditions Report o rinal Existing Conditions Report 1 Presentation of Existing Conditions Report attended by two AECOM members 25M-65 AECOM • Ongoing Coordination with City (email, phone, etc Task 3.0 Feasibility Analysis AECOM will conduct an analysis of the economic feasibility of the baseline opportunity areas by land uses as identified in the Envisioning Land Use Map at buildout. While these are not approved land uses it will be important to provide an estimated rough sale and rental cost per unit of residential, office, and retail development to gauge whether the market can support expected rental prices per absorption projections and whether residual land values can support development. High, medium, and low development buildout densities will be evaluated to gauge reasonability. AECOM will confer with City staff to identify these densities. Once this baseline has been established our team will evaluate up to three alternative configurations that include appropriate land use mixes to gauge whether they are consistent with reasonable market absorption estimates and are economically feasible. While not called out specifically In the scope we anticipate that coordination between this task and PS 1 will be necessary in terms of outlining what types of land use configurations are economically feasible according to this market analysis. Deliverables: 6 Draft Market Feasibility Analysis • Final Market Feasibility Analysis • 1 Presentation of Market Feasibility Analysis • Ongoing Coordination with City (email, phone, etc.) Task 4,0 Fiscal Analysis AECOM will prepare a fiscal model for up to three (3) scenarios based on the analysis of current and projected fiscal conditions. The focus of the analysis will be on the General Fund revenues and costs, but may include other funds based on discussion with City staff. Working closely with the project team, the land uses for the scenarios will be assembled into a data base for fiscal analysis, including: acres, square feet and valuation of non-residential development; housing units by value and type, persons per household and household income; and infrastructure assumptions about public works, public buildings, parks, recreatlon facilities, open space, fire stations and other public facilities. Public revenue and cost fiscal factors will be developed through a current budget analysis and interviews with key departmental staff based on the City's current levels of service standards. Cost factors will be established at the departmental level. 4 I'1_ V, AECOM The demographic and market study will inform the development of the fiscal impact model. The net fiscal impacts of the opportunity corridors will be reported as a part of the overall scenario fiscal impacts and as separate line Items to illustrate the fiscal impact of different development intensities and configurations. In consultation with City staff and drawing from the proposed development plan, AECOM will create fiscal assumptions that will be integrated into the fiscal model for evaluating the preferred General Plan and up to two of the proposed alternatives. AECOM will estimate these existing and potential revenue sources for General Plan land use alternatives and will compare them to projected costs to estimate net fiscal impacts associated with General Plan alternatives. In this Subtask we will also identify potential sources of capital financing to implement the General Plan's infrastructure and public facilities, including potential development Impact fees, assessments, and special taxes; EIFD tax increment; grants and loans; new financing legislation being considered in the state legislature; and existing and potential federal, state, regional, and county funding sources. As an optional task, we can project potential capital financing revenue compared to costs for additional budget. These projections would be for planning purposes only, and not for public financing instruments without additional due diligence. It is Important to note that AECOM has also submitted a proposal for PS1. AECOM's land use modeling tools can be tailored to provide fiscal analysis as well. If AECOM Is selected for both issue areas we can prepare a scope that would include integration of this task into that model. Deliverables: • Draft Fiscal Models for up to Three (3) Selected Scenarios • Final Fiscal Models for up to Three (3) Selected Scenarios • One (1) Presentation of Fiscal Models Attended by Two (2) AECOM Team Members • Ongoing Coordination with City (email, phone, etc.) 25M-67 EXIHBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 10 of 10 25M-68 AECOM Exhibit B: Budget & Fee Schedule: tvieo]dMn WYYm Memip] PM/IW bJr PYen Wra{n ,,...M.Fux IrtleNMr ImvnklWi: IMF WY/IMnYM FAIxS Idma Pu�� [x. KSpA 1: _ [IO K 1441ryf.101N }q k5 $I10 YS 511 SH T�h LXIeYO Maetln ena pm e1rlWJon YLIXI ANNF eMPe hWYVm la 6 YPN Sll xhbnnx ] a o ! u nXi. cola ronanenlnxl n ilMrtampne MRn i U N o i Il 4Jla 41 5 I.E[ bmm PefJe tl b 1 xxlnn0 6 16 Se 5 N NA4 Y< 59. f9 Y Y i Y9 eN 5i 6tf.516 Td9iuftll Mtl b SNnReIryM+Mh m to z was sw us Rq]Rem So l0 S I51 1 ]Y SIA]6 TnX4 faeL 6n NM]I tl IPunll sIM+ f R 0 3 Y1 N] Y {ISe 1W eioW N Y 6I..!]N N Oe5 M eel[onYn n aW anvrlannn._ .. �XxeaNmlanM1�ermeetl iOtl iaM1lNmn tl 11 9Y.IW 1140W 1411b WY $N Y]IS N).n] iHWCF46Mr S SYo GMRNI 1 Y4N] 25M-70 AGREEMENT WITH PLACEWORKS, INC. TO PROVIDE PLANNING AND TECHNICAL SERVICES FOR PREPARATION OF THE COMPREHENSIVE GENERAL PLAN UPDATE THIS AGREEMENT is made and entered into this 191 day of December, 2017 by and between PlaceWorks;'Irie:, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 6, 2017, the City issued Request for Proposal ("RFP") No. 17-082 seeking consultants to provide planning and technical services for the preparation of the City's comprehensive General Plan Update. B. Consultant was one of three consulting firms which submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City and provide community outreach materials in furtherance of the General Plan Update. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B - Budget. The total amount to be expended under this Agreement shall not exceed $48,000. Consultant has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. EXHIBIT 4 Page 1 of 10 25M-71 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on December 19, 2017 and continue for a two (2) year term with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement, however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a Iron -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Page 2 of 10 25M-72 Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. Page 3 of 10 25M-73 iv. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 10 26M-74 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any Page 5 of 10 25M-75 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 10 25M-76 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NIISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. 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 frrst class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning Sonia R. Carvalho and Building Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 F.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax:714-647-5897 Fax: 714- 647-6515 Page 7 of 10 25M-77 To Consultant: PlaceWorks, Inc. Attn: Wendy Nowak, Assoc. Principal 3 MacArthur Place, Ste. 1100 Santa Ana, CA 92707 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CANDIDA NEAL Interim Executive Director Planning and Building Agency CITY OF SANTA ANA Raul Godinez II City Manager PLACEWORK,S, INC.: By: Title: Page 8 of 10 25M-78 1 W4 11 11 I�II1 SCOPE OF SERVICES 25M-79 Exhibit A - Placeworks PS5. Community Engagement Name, Title, Office, Contact Info Role(s)/Level of Commitment Experience/Responsibilities Summary JEN CHUNG Graphic Design Designs at multiple scales —from smaller, site -scale residential designs Associate Designer 60% to regional -scale design guidelines and vision plans. Projects reflect Santa Ana I x2383 various degrees of complexity. Expert at making strong visual impact jchung@placeworks.com that conveys information tlearlywhile being aesthetically pleasing. 3.Scope of Services, Methodologies, Work Products, Schedule, and Fees SCOPE, METHODOLOGY, AND WORK PRODUCTS METHODOLOGY Public outreach efforts conducted for general plan updates can range from minimal to extravagant. The key is to strike the right balance for Santa Ana so that outreach is effective but not excessive. The following program is recommended based on our experience with outreach in other jurisdictions. Although the nature and tools of public outreach may vary, the broad objectives and measures of success for conducting outreach for a general plan update remain largely the same: • Set and manage expectations for process • Create sense of trust; transparent, open process • Maximize participation through multiple engagement means (in person and online) • Avoid/minimize bullying; make everyone feel that their Input is welcome • Demonstrate that the City is listening • Educate the public on the City's history, socioeconomic and market trends, and fiscal health • Obtain input on the areas of desired change • Generate consensus while reducing concerns • Build capacity forfuture public outreach and education • Engage key stakeholders to perpetuate strategic involvement • Engage those who are typically silent by allowing for a variety of in -person or online input opportunities • Identify and clarify the rationale for decisions • Raise the profile of the General Plan Update and establish a greater connection to current planning issues Creation of a public engagement program that is inclusive, educational, and results oriented will he Instrumental to the success of the General Plan Update effort, Based on our experience, the traditional approach to civic engagement Is changing, and the roles of the public and government are reversing. Residents increasingly expect their governments to reach out to them, provide information, and solicit their input on important issues. By pairing in -person outreach workshops and meetings with online engagement tools, local governments can distribute information and gather input more effectively and across a broader spectrum of participants. PlaceWorks will bring Its knowledge of the City (existing General Plan and community issues) and public participation to this effort to provide overall direction on outreach and to advise the City on engagement strategies and tactics. There are several different outreach tools the City can use to engage the public, including print material, surveys, online engagement, stakeholder interviews, and a General Plan Advisory Group (GPAG). Each one has its own advantages and disadvantages, and we are open to refining the outreach program to best suit your needs. Our scope proposes creation of a Community Outreach and Engagement Plan coupled with the crafting of meaningful content and messaging throughout various stages of the process to help guide the project through the public process and ensure that the public feels they have been RFP 17.082: GENERAL PLAN UPDATE AND SUSTAINABILITY-PS5: COMMUNITY ENGAGEMENT I PLACEWORKS 5 25M-80 PS5. Community Engagement adequately consulted and considered in decisions that will ultimately shape land use changes in their neighborhoods and corridors. SCOPE OF SERVICES TASK 1. PEER REVIEW OF COMMUNITY ENGAGEMENT PLAN We understand that the City will be facilitating all community outreach meetings and that our role will be to provide materials to support that effort. We will collaborate with staff to make suggestions about the outreach materials that could garner the largest response or solicit feedback; they will likely be very different between groups such as the Neighborhood Wards, GPAC, and City Council. It is also a priority of the City to identify ways to engage underserved or underrepresented groups in the City so that the proposed General Plan changes are truly reflective of community sentiment and the materials produced will respond to that approach. PlaceWorks will provide a high-level peer review of the City's Community Engagement Plan that serves as an outreach manual to communicate with the public during key milestones of the General Plan process. Peer review of the Community Engagement Plan will enable the City and consultant team to make decisions about and fine-tune the public involvement process and materials to be generated atvarious millstones in the process. Review of the Community Engagement Plan and subsequent discussions with staff will: • Identify relationship between the public engagement efforts requiring support materials and the General Plan Update planning tasks. • Provide feedback on the stakeholders that should be included when gathering Input for the effort, Including advisory groups (GPAG, Corr Link), special interest groups (Neighborhood Wards), and other community organizations and ambassadors that could be consulted during the process for input orto help get the word out about meetings/workshops. • Identify what the City needs assistance preparing (e.g., meeting notices, flyers, fact sheets, agendas, announcements/notices, memorandums, FA4s, maps and posters, project website information) and who will be responsible for generating content, printing, and distribution • Establish protocols for who is responsible for preparing specific products (e.g., final review and approval of deliverables, meeting materials, digital communications, social media posts, website content, printing, press release preparation and distribution, etc.). • Confirm communication and meeting format techniques (open house, pop -ups, town halls, etc.) associated with key milestones and branding or messaging requirements to ensure products produced are consistent with established City protocols. Since community engagement is an ongoing effort throughout all stages of the General Plan process, it will be important to Integrate key deliverables and milestones with the other PS tasks the City is undertaking concurrently. Review of the Community Engagement Plan will clearly identify timeframes and key decision points where it will be essential for PlaceWorks to develop the materials that will be needed for various outreach efforts to maximize participation and transparency and to gain the feedback of the community. Deliverables: — Peer review of Community Engagement Plan (digital memorandum) — In -person meeting (or conference call) to review Plan and clarify refinements TASK 2. CREATING CONTENT: OUTREACH MEETING MATERIALS There are numerous types of meeting materials requiring review and approval by the City prior to sharing at an outreach event— e.g., posters, maps, PowerPoint presentations, surveys, social media posts, email notifications, and handouts. Per the RFP, the consultant, in coordination with the City, will create community outreach materials that will be distributed to local business groups, religlous organizations, residents, local schools, etc. PlaceWorks will prepare draft text that can be used for digital notifications, and the City will post information about workshops and applicable information on the City website and social media. 6 CITY OF SANTA ANA I RFP 17-082: GENERAL PLAN UPDATE AND SUSTAINABILITY-PS5: COMMUNITY ENGAGEMENT o PS5. Community Engagement In this task, PlaceWorks will support the City in preparing materials for workshops and community events and getting the word out about the General Plan update effort. Materials generated as part of this task can include a General Plan 101 brochure, meeting notices, General Plan summary sheets, and other materials that can be used to communicate key Ideas related to the plan. This task can integrate graphics produced through other PS tasks, including simulations; illustratives; and/or massing scale, infrastructure, public realm, and transportation Improvement diagrams of existing and future uses in the eight Land Use Scenario Corridors, as appropriate to convey an idea or message, The specific number and type of materials and products to be prepared (other than those specifically noted below) will be determined during the preparation of the Review of the Community Engagement Plan in Task 1. It is anticipated that the supporting materials will be prepared for events such as Neighborhood Ward workshops, pop -ups at community events, city boards and commissions, and Santa Ana ComLink. The hope is that the materials prepared over the duration of the update process can be used during discussions with the various groups and events. It is assumed that the preparation of land use maps or alternatives will be produced and budgeted separately. (This task does not include preparation of or printing costs for large scale maps.) PlaceWorks will work with the City to identify materials that require translation into multiple languages. PlaceWorks has the in- house capability to translate materials into Spanish and would look to the City to assist with materials prepared in Vietnamese. (We used this same approach with the City of Westminster and the materials that were prepared for their recent General Plan Update.) If outside translation services are needed, they would be extra to this contract. Deliverables; — Digital versions (draft and final) of: Advertising and Meeting Support Materials, including flyers/notices (Design) Up to G General Plan Summary Sheets or FAQs (English, Spanish, Vietnamese) Banners (English, Spanish) - Process Infographic (English, Spanish) TASK 3. MEETINGS AND CONFERENCE CALLS This task assumes that in -person meetings and conference calls will be needed periodically during the update effort to gain clarification or input on the materials drafted and to receive input on the effectiveness of meetings and the outreach collateral that was prepared to support the City's outreach efforts. This effort assumes approximately 30 total hours of time over an 8- month timeframe to participate in these discussions with City staff. If It is determined that more hours are necessary to touch base regarding product edits or other items over the estimated 8-month timeframe, a scope and budget refinement would be needed. Deliverables: — Meetings and Conference Calls (30 hours) Reimbursables To keep costs at a minimum, the majority of deliverables proposed for this task will be produced and provided to the City in a digital format for printing and reproduction. Deliverables and products produced as part of this effort should be closely connected to the deliverables and products produced in conjunction with PS8, Graphic Design and Document Support, to avoid duplication and identify cost savings. Reimbursables include things such as map production, photocopies, graphics, materials, mileage, and supplies. The project budget assumes that reimbursables will not exceed 5 percent of the labor total (and we will work within that budget as we are defining the hard -copy deliverables forthe Community Engagement Plan and Creating Content tasks), If the City requests more copies of documents or printouts of maps than the estimated budget can accommodate, an augment to the budget would be required. SCHEDULE Community outreach and engagement tasks are expected to occur at key milestones throughout the process and are estimated to be complete within an 8-month timeframe. Task 1, Peer Review of Outreach and Engagement Plan, will be completed at the outset of the effort (within approximately the first month) because it sets the stage for communications with the community and will help to tie together the engagement efforts needed for the other tasks associated with the General Plan Update. Task 2, RFP 17.082: GENERAL PLAN UPDATE AND SUSTAINABILITY- P$5: COMMUNITY ENGAGEMENT I PLACEWORKS 7 25M-82 PS5. Community Engagement Creating Content, will occur periodically (as needed for meetings and milestones defined in Task 1) over the duration of the project and at the rollout of the changes that are anticipated to be complete in March 2018. 8 CITY OF SANTA ANA I RFP 17•082: GENERAL PLAN UPDATE AND SUSTAINABILITY-PS5: COMMUNITY ENGAGEMENT 1W4 ,If:Iil17:1 COMPENSATION Tee Proposal including hourly rates if applicable Page 10 0£ 10 25M-84 Exhibit B -Fee Schedule Plecoworks 3 MacAOhur Pl., Sake 1100 Santa Ana, C4 92707 714 966 9220 lal LINE ITEM BUDGET Title of Project: Ccuo,mbenthe Oenend Plan Update end Emtsimdng Sos:aioabilityTogether RFPItiumber. mon Ibl IA Id1 1e1 fn fe4 fla fws 6,1 Cost Categories . Maximum Hourly Rate Task Task Task3 CRAND TOTAL (All Tasks) Counawly Wreath & EnPRment Plan Crafting Cnnlem 6leeang AttendaneelConfemse Calls Hours Amnum Hours Amount Hours Amount Hours Amount ss' c Roan Judd. Principal $86.34 0.00 $0,00 4.00 $346,16 0.00 S0.00 4.00 $346.16 Weady Now4, Associate Principal $6731 8.00 S53S48 40,00 $2692.40 20.00 $1346.20 68.00 S4577.08 Associate 536.00 1 4.00 S144.00 160.00 $5,760.00 12.00 S432.00 176.00 $6,336.00 Project Planner $32.00 0,00 Woo 89.00 $2,816,00 0.00 $0,00 88.00 S2,816.00 Subtotal- Direct Labor -' M 112.00 1 S652.48 292.00 S11,614.56 32.00 $1,778,20� 336.00 S14,075.24 Overhead & Fr1M(inn c&e . ya Overhead 124.06yo 64, 5846.21 ' - $14.402.05 W,, ",'.3 $2.204.97 $17,433,30 Fria 38.83% 't"'J:"U" $4oI.5c ` $6.832,83 WMM. $1,046.12 WOM S8,280.46 Shbtoml- Overbead&Frio a line G&At $1.247.78 S21,234.90 $3;25Ln8 $2S,733.76 FYxed Fee L00% Subtotal-:FixMIFeta ,$154.43 S2627.96 S402.34 SMS4.72 he i edC ODCs Mattrials 81,000.00 - a$ $3,006.28 '. $L,000.00 �� 5,006.28 Subtotal '-ODCs:' $4,000.00 53006.28 .$1000.00 $g 006:28 Suhcansultantls)e Subtotal- Sobconsullonls: ! Sam $0.00 $0.00 50:00 GRAND TOTAL 12.00 S3,054.68 292.00 S38,483,7tl 32.00 S6431.63 0.00 $48.tlOp.00 e Usea mrpy oftldseemplmetu(dentlfy any subronsultam ran, by task InprrtJinalJtguresfareachsubconsu/rrtnr in Calumastoe" thru aeto. 25M-55 WiT, Exhibit C Invoice Report Format April 19, 2018 Page 18 MOU No.:M-011-18-00 SCAG Project/OWP No.:275-4823.01