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HomeMy WebLinkAboutSTATE COSTAL CONSERVANCY (STATE OF CALIFORNIA)0•,Qwp,(- „r STATE OF CALIFORNIA State Coastal Conservancy GRANT AGREEMENT Grant - Rev 1 ll20 Returns FULLY EXECUTED Copy to City Clerk, M-30 30th April THIS AGREEMENT is entered into this day of State of California, by and between: State Coastal GRAN I tt'S NAML Citv of Santa Ana I. SCOPE OF AGREEMENT A-2024-050 AGREEMENT NUMBER AM. NO. 23-155 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. 95-6000785 , 2024 in the and Pursuant to Chapter 4.6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Santa Ana ("the grantee") a sum not to exceed $2,807,000 (two million eight hundred seven thousand dollars) ("funds"), subject to this agreement. (Continued on the following pages) The provisions on the following pages constitute a part of this agreement. This agreement has been executed by the parties as shown below. STATE OF CALIFORNIA GRANTEE AGENCY GRANTEE (Ifotherthan an individual, state whethera corporation, partnership, etc.) State Coastal Conservancy City of Santa Ana BY (Authorized Signature) BY (Authorized Sign ure) �s- PRINTED NAME AND TITLE OF PERSON SIGNING PRIN DNAME AND TITLE OF PERSON SIGNING Amy Hutzel, Executive Officer Alvaro Nunez, Acting City M nager ADDRESS & PHONE NUMBER ADDRESS S PHONE NUMBER 1515 Clay Street, IOth Floor 20 Civic Center Plaza —M21 Oakland, CA 94612 Santa Ana, CA 92701 Phone: (510) 286-1015 Phone: 714) 647-5400 AMOUNT ENCUMBERED BY PROGRAMICATEGORY FUND TITLEIPROP NO. THIS DOCUMENT I certify that this $2,807,000.00 Local Assistance General Fund agreement is exempt from Department of PRIOR AMOUNT FUND ITEM CHAPTER STATUTE FISCALYEAR General Services' ENCUMBERED FOR THIS AGREEMENT approval. 3760-101-0001(F) 21 2021 21122 TOTALAMO[1Nr PROJECT NAME ENCUMBERED TO DATE $2,807,000.00 Santiago Park Main Street Entrance Construction Erika Gomez Procurement and I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Contracts Manager NAME AND SIGNATURE OF ACCOUNTING OFFICER DATE o.r" 9rvi 4/30/2024 rw— ATTEST.- City of Santa Ana Grant Agreement No. 23-155 Page 2 The grantee shall use the funds to complete the following project ("the project") at Santiago Park in the city of Santa Ana in Orange County, as shown on Exhibit 1, which is incorporated by reference and attached. The project consists of restoring and enhancing the Santiago Park Main Street entrance by constructing site amenities such as lighting, two Santiago Creek viewing decks, interpretive signage, landscape improvements. The project also includes separation of the pedestrian walkway and bike trails to allow for safe recreation. The grantee shall carry out the project in accordance with this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project. H. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not begin construction of the project and the Conservancy will not be obligated to disburse any funds unless and until the following conditions precedent have been met: 1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee. 2. The Executive Officer of the Conservancy ("the Executive Officer") has approved in writing: a. A work program for the project, as provided in section "VI. WORK PROGRAM." b. A plan for installation of signs and acknowledgment of Conservancy support, as provided in section "VII. SIGNS AND ACKNOWLEDGMENT." c. All contractors that the grantee intends to retain in connection with the project. The grantee must provide written evidence to the Conservancy that each contractor has complied with the bonding requirements described in section "VIII. BONDING." 3. The grantee has provided written evidence to the Conservancy that: a. A statement identifying and confirming that it has obtained all permits and approvals necessary to the completion of the project under applicable local, state, and federal laws and regulations. b. Evidence that the grantee has provided for required insurance coverage, including additional insured endorsement, as described in section "XVII. INSURANCE." City of Santa Ana Grant Agreement No. 23-155 Page 3 III. ADDITIONAL GRANT CONDITIONS 1. The grantee shall retain a Native American Monitor from or approved by the Gabrileno Band of Mission Indians ("Tribe"). a. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" Torrhe project -`Geoand disturbing activity" -includes —buffs riot 1imifCd-f6, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. b. The grantee shall execute the monitoring agreement prior to the commencement of any ground -disturbing activity and shall retain the monitoring agreement during the term of this agreement. c. The grantee shall require the monitor to complete daily monitoring logs that describe the ground -disturbing activities, the type of construction activities performed, locations of ground disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs shall identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., as well as any discovered Native American (ancestral) human remains and burial goods. The monitor shall provide the monitoring logs to the Tribe with a copy to the grantee upon grantee's written request to the monitor. d. On -site tribal monitoring shall conclude upon either of the following (1) written confirmation to the Tribe from a designated point of contact for the grantee that all ground -disturbing activities in connection with the project are complete; or (2) a determination and written notification by the Tribe to the grantee that no future, planned construction activity at the project site possesses the potential to impact TCRs. e. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Tribe monitor and/or Tribe archaeologist. Upon the discovery of any TCRs, the monitor shall notify the Tribe, grantee, and Native American Heritage Commission. 2. Unanticipated Discovery of Human Remains and Associated Grave Goods a. Pursuant to Public Resources Code Sections 5097.98(d)(1)-(2), Native American human remains are defined as an inhumation or cremation, and in any state of decomposition or skeletal completeness and Grave Goods, sometimes referred to as City of Santa Ana Grant Agreement No. 23-155 Page 4 funerary objects, are defined as any items associated with the human remains that are placed or buried with the Native American human remains and are to be treated in the same manner as the remains, but do not by themselves constitute human remains. b. Human remains and gravegoods shall be treated the same per California Public Resources Code Sections 5097.98(d)(1) and (2). If Native American human remains and/or grave goods are discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5(b) dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground - disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. d. If Native American human remains and/or grave goods are discovered or recognized on the project site, grantee and its subcontractor must comply with the rules set forth in Public Resources Code Section 5097.98. e. Other than the entities that grantee and its subcontractors are required to contact by law, including under the Health and Safety Code and Public Resources Code, any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. IV. TERM OF AGREEMENT This agreement will take effect when signed by both parties and received in the offices of the Conservancy together with the resolution described in section "II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT". This agreement may be signed electronically using a process specified by the Conservancy. This agreement terminates on March 31, 2045 ("the termination date") unless terminated early as provided in this agreement. However, the grantee shall complete all work by March 31, 2025 ("the completion date"). The grantee shall deliver a final Request for Disbursement to the Conservancy no later than April 30, 2025. City of Santa Ana Grant Agreement No. 23-155 Page 5 V. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its February 15, 2024 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit 2. This agreement is executed under that authorization. City of Santa Ana Grant Agreement No. 23-155 Page 6 Standard Provisions VI. WORK PROGRAM Before beginning construction, the grantee shall submit a detailed work program to the Executive ---- ices or -review -an -written a Koval of its consistency with the_.. purposes of this rant pP Y p p --- -- g agreement. The work program must include: 1. Construction plans and specifications. that have been certified by a licensed architect or registered engineer, or approved by the grantee's Public Works Director. 2. A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget must describe all labor and materials costs of completing each component of the project, including the grantee's labor and materials costs and costs to be incurred under a contract with any third party retained by the grantee for work under this agreement, For each project component, the project budget must list all intended funding sources, including the Conservancy's grant,and all other sources of monies, materials, or labor. The grantee shall review the plans with Conservancy staff, on -site if feasible. VH. SIGNS AND ACKNOWLEDGMENT Prior to beginning the project, the grantee shall submit, for review and written approval by the Executive Officer, a plan for the installation of signs and acknowledgment of Conservancy support. Except as the Executive Officer agrees otherwise, the plan must commit the grantee to mention the Conservancy's support in its project -related press releases, contacts with the media, and social media postings, and on its website. The plan must commit the grantee to install and maintain a sign or signs visible from the nearest public roadway identifying the project, acknowledging Conservancy assistance and displaying the Conservancy's logo and directing the public to the project. The Conservancy shall provide to the grantee specifications for the signs. VIII. BONDING If the grantee intends to use any contractors on any portion of the project to be funded under this agreement, the grantee shall not begin construction until each contractor has furnished a performance bond in favor of the grantee in the following amounts: for faithful performance, one City of Santa Ana Grant Agreement No. 23-155 Page 7 hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement does not apply to any contract for less than $250,000. Any bond furnished under this section must be executed by an admitted corporate surety insurer licensed in the State of California. IX. COSTS AND DISBURSEMENTS When the Conservancy determines that all conditions in section "II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section. The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee's satisfactory progress under the approved work program, and upon the grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion of construction and compliance with section "XI. PROJECT COMPLETION", and upon the Conservancy's acceptance of the project. Hourly rates billed to the Conservancy must be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses as follows: • Airfare and rental cars: the lowest cost option at the time of booking. • Meals and incidentals: actual costs, up to $60 per travel day. • Hotels: the federal employee rates identified on the U.S. General Services Administration website under per diem rates for California. • Mileage reimbursement using a personal vehicle: the state employee rates identified on the California Department of Human Resources (Ca1HR) website under travel reimbursements for state employees. The grantee shall request disbursements by filing with the Conservancy a fully executed "Request for Disbursement" form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized City of Santa Ana Grant Agreement No. 23-155 Page S description, including time, materials, and expenses incurred of all work done for which disbursement is requested. The form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. An authorized representative of the grantee shall sign the forms. Each form shall be accompanied by: 1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred. 2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing. 3. A progress report summarizing the current status of the project and the work for which the grantee is requesting disbursement. The grantee's failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies. X. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS No increase in the total amount of this grant will be valid unless set forth in a written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items that exceed the amount allocated in the project budget by more than ten percent and that have not received the approval required above. Any increase in the funding for any particular budget item will mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. City of Santa Ana Grant Agreement No. 23-155 Page 9 XI. PROJECT COMPLETION Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report by the final Request for Disbursement date set forth in section IV. TERM OF AGREEMENT that includes: I. A report certifying completion of the project according to the approved work program, including photographs documenting project completion. 2. Documentation that signs are installed as required by section "VII. SIGNS AND ACKNOWLEDGMENT". 3. A fully executed final "Request for Disbursement." A "final Request for Disbursement" means a Request for Disbursement that includes the withheld amounts and all remaining amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement. 4. A final inspection report by a licensed architect or registered engineer or the grantee's Public Works Director, and a copy of "as built" drawings of the completed project. The Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project and release the withhold amount pursuant to section "IX. COSTS AND DISBURSEMENTS". The project will be deemed complete as of the date of the letter. XII. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. Before the project is complete, the Conservancy may terminate or suspend this agreement for any reason by providing the grantee with seven days notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy will be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement will remain in effect until further written notice from the Conservancy authorizes work to resume. If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee will be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require City of Santa Ana Grant Agreement No. 23-155 Page 10 repayment for work partially completed. This paragraph does not limit any other remedies the Conservancy may have for breach of this agreement. Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy__under_.this .agreemer�t,__The Conser_vanc_y_may,_ at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed. The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise oLit of the termination or suspension of this agreement under this section. The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section. XIII. OPERATION AND MAINTENANCE The grantee shall use, manage, maintain and operate the project throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee assumes all operation and maintenance costs of these facilities and structures, the Conservancy is not be liable for any cost of maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. XIV. MITIGATION Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the Conservancy has funded construction. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property be remitted promptly to the Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the City of Santa Ana Grant Agreement No. 23-155 Page l l property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation. XV. - Th-rough-houtthe-term of this a xeeir eri the Conservanc has -the T•i-ht-to iris eet the--- ro ect area g g � -- ----Y — - �- - P - F J to ascertain compliance with this agreement. XVI. INDEMNIFICATION AND HOLD HARMLESS The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors, and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents, or employees, The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.] The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents, or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third -party beneficiary under this agreement. The obligations in this section "XVI. INDEMNIFICATION AND HOLD HARMLESS" will survive termination of this agreement. XVII. INSURANCE The grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement. As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage requirement in whole or in part through: (a) its contractors' procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies City of Santa Ana Grant Agreement No. 23-155 Page 12 the requirements of this section; or (b) the grantee's participation in a "risk management" plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. The grantee shall maintain property insurance, if required below, throughout the term of this agreeaquit.._Any_required _errors _and omissions_ liability_ insurance shall be maintained from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date. 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable. b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California, and Employer's Liability insurance. d. Property insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage must be used to replace, rebuild and/or repair the damaged portions of the facilities and structures constructed under this agreement.) 2. Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than: a. General Liability: $2,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or other operations, as applicable) form with a general aggregate limit is used, either the general aggregate limit must apply separately to the activities under this agreement, or the general aggregate limit must be twice the required occurrence limit. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. c. Worker's Compensation Worker's compensation as required by law and and Employer's Liability: Employer's Liability of no less than $1,000,000 per accident for bodily injury or disease. City of Santa Ana Grant Agreement No. 23-155 Page 13 d. Course of Construction: "All Rislc" (Special Perils) coverage form, with limits equal to the completed value of the project with no coinsurance penalty provisions. c. Property Insurance: 90 percent of full replacement cost of the facilities or structures. 3. Deductibles and Self -Insured Retentions. Any deductibles or Self -insured retentions must be declared to and approved by the Executive Officer. 4. Required Provisions Concerning the Conservancy and the State of California. a. The grantee shall notify the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with evidence of renewal or replacement of the policy. b. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer. c. The general liability and automobile liability policies must contain, or be endorsed to contain, the following provisions: The State of California, its officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with the work or operations. ii. For any claims related to this agreement, the grantee's insurance coverage shall be primary insurance as respects the State of California, its officers, agents and employees, and not excess to any insurance or self-insurance of the State of California. City of Santa Ana Grant Agreement No. 23-155 Page 14 iii. The limits of the additional insured coverage must equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement. 5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact _._._business_in.the _State of California and having a current _Best's rating of `B+;VII".or better in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer. 6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause, All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage. 7. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor's profession and in a reasonable amount in light of the nature of the project. 8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy. XVIII. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "required records") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Principles" ("GAAP") published by the American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the construction of the project, and the use, management, operation and maintenance of the real property time and effort reports, and supporting documents that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation. The Conservancy or its agents may review, obtain, and copy all required records. The grantee shall provide the Conservancy, California State Auditor, their officers, employees, and agents with any relevant information requested and with access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation City of Santa Ana Grant Agreement No, 23-155 Page 15 for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain. The records shall be_subject to examination and audit by theConservancy_ and the California State Auditor during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. XIX. COMPUTER SOFTWARE The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. XX. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not deny the agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain City of Santa Ana Grant Agreement No. 23-155 Page 16 compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement. XXI. AMERICANS WITH DISABILITIES ACT By signing this agreement, grantee certifies that it is in compliance with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. XXII. PREVAILING WAGE Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861. If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations. The grantee is responsible for determining whether the project is subject to prevailing wage laws, and for complying with all labor laws applicable to the project. The grantee may also review the Conservancy publication, Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (May 2018), available from the Conservancy on request; which provides general information and is not legal advice to the grantee on whether the grantee's project is subject to prevailing wage laws. XXIII. DRUG -FREE WORKPLACE The grantee's signature on this agreement constitutes the certification required by Government Code Section 8355 (Drug -Free Workplace Act of 1990), which requires that all state grantees provide a drug -free workplace by doing all of the following: 1. Publishing a statement notifying employees that the unlawful. manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions that will be taken against employees for violations of the prohibition. City of Santa Ana Grant Agreement No. 23-155 Page 17 2. Establishing a drug -free awareness program to inform employees about all of the following: a. The dangers of drug abuse in the workplace. b. The person's or organization's policy of maintaining a drug -free workplace. c, Any available drug counseling, rehabilitation, and employee assistance programs. that may be imposed_ upon_ employees for drug abuse violations._______._ 3. Requiring that each employee engaged in the performance of the grant be given a copy of the drug -free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement. XXIV. XXIV EXECUTIVE ORDER N-6-22 — RUSSIA SANCTIONS On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The Conservancy shall provide the grantee advance written notice of such termination, allowing the grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy. XXV. INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, are acting in an independent capacity and not as officers or employees or agents of the State of California. XXVI. ASSIGNMENT Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part. XXVIL TIMELINESS Time is of the essence in this agreement. City of Santa Ana Grant Agreement No. 23-155 Page 18 XXVIII. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who will have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. XXIX. AMENDMENT Except as expressly provided in this agreement, no changes in this agreement will be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement will be binding on any of the parties. ru u u LLJ Exhibit 2 COASTAL CONSERVANCY Staff Recommendation February 15, 2024 SANTIAGO PARK MAIN STREET CONSTRUCTION Project No. 19-020-03 Project Manager: Danh Lai RECOMMENDED ACTION: Authorization to disburse up to $2,807,000 to the City of Santa Ana to enhance and restore the 2.66 acre Santiago Park Main Street entrance by constructing site amenities such as lighting, Santiago Creek viewing decks, and landscape improvements, and separating the pedestrian walkway and bike trails to allow for safe recreation. LOCATION: City of Santa Ana, Orange County 16M.'11.11# 1 Exhibit 1: Proiect Location Ma Exhibit 2: Project Photos Exhibit 3: Project Letters RESOLUTION AND FINDINGS Staff recommends that the State Coastal Conservancy adopt the following resolution and findings. Resolution: The State Coastal Conservancy hereby authorizes a grant of an amount not to exceed two million eight hundred and seven thousand dollars ($2,807,000) to the City of Santa Ana ("the grantee") to enhance and restore the 2.66-acre Santiago Park Main Street entrance by constructing site amenities such as lighting, Santiago Creek viewing decks, landscape improvements, and separating the pedestrian walkway and bike trails to allow for safe recreation. Prior to commencement of the project, the grantee shall submit for the review and written approval of the Executive Officer of the Conservancy (Executive Officer) the following: 1. A detailed work program, schedule, and budget. Page 1 of 6 SANTIAGO PARK MAIN STREET CONSTRUCTION 2. Names and qualifications of any contractors to be retained in carrying out the project. 3. A plan for acknowledgement of Conservancy funding. 4. Evidence that all permits and approvals required to implement the project have been obtained. Findings: Based on the accompanying staff recommendation and attached exhibits, the State Coastal Conservancy hereby finds that: 1. T e propose aut orization is consistent with C apter 4.6 o Division 21 o t e Pu is Resources Code, regarding the Santa Ana River Conservancy Program and funding for recreational opportunities and trails. 2. The proposed project is consistent with the current Conservancy Project Selection Criteria. STAFF RECOMMENDATION WhT93I:C4&INkFAl►Yil_I, A Staff recommends the Conservancy authorize a grant of up to $2,807,000 to restore and enhance the 2.66-acre Santiago Park Main Street entrance by constructing site amenities such as lighting, Santiago Creek viewing decks, landscape improvements, and separating the pedestrian walkway and bike trails to allow for safe recreation. This proposed project will enhance and restore the primary entrance to Santiago Park in the City of Santa Ana (the City) in Orange County. The City has completed design and engineering and is ready to proceed immediately with construction of the project upon approval of funding. The proposed project will create a safe and inviting entrance to Santiago Park. It will add site amenities including two creek viewing decks, interpretive signage, picnic tables, benches, a drinking fountain, security lighting, drought tolerant landscaping, and a drip irrigation system. The proposed project will also separate the pedestrian walkway and bike trail and connect these to two viewing decks overlooking Santiago Creek with signage to inform visitors about groundwater, wildlife, and drought tolerant and native landscaping. Implementation of these site improvements address park visitor needs by defining separate pathways for different users, providing public site amenities, reintroducing landscaping that has been lost, and enhancing the overall aesthetic and establishing a defined Santiago Park entrance. The Santiago Park Main Street entrance was once a densely forested, riparian natural area that has drastically declined over the years and is now a remnant asphalt roadway dividing vacant dirt areas. This unmarked roadway is shared by all pedestrians and bicyclists who enter the park, resulting in unsafe conditions. This entrance is often used by children, families and school groups visiting the Discovery Cube Science Center across Main Street, who use the park as a picnic site. The site lacks basic amenities including security lighting, picnic tables, benches, landscaping, and interpretive signage. Much of Santiago Park is programmed with active recreation amenities including sports courts and playgrounds, but this project area will provide visitors with much needed passive recreation opportunities such as picnicking or birdwatching. Page 2 of 6 SANTIAGO PARK MAIN STREET CONSTRUCTION Site Description: Santiago Park is a 35-acre linear park located on the northern edge of the City of Santa Ana along Santiago Creek. The park is one of the oldest in Santa Ana, and is the city's only wilderness park, rendering it a unique and important asset in its extremely urbanized setting. All properties north of Santiago Park to the city limits are slated to be developed as medium density, 6-10 story residential when built out in 2032, per the city's General Plan Land Use Element. The park provides critical open space and natural respite for residents living in dense urban conditions with Limited or no access to the outdoors. As the City's second largest park, it serves -all -Santa -Ana. resid.ents.-and-is_co.mp.rise.d-of_both-passive_.a.n.d--active.-re.cre.ati.Qrial-areas_-.-.__-_---------------_.-_. along both sides of the creek. Recreational amenities include bike and pedestrian trails providing connections towards the Santa Ana River Trail and City of Orange, a wildlife nature facility and viewing areas, archery range, playgrounds, amphitheater, tennis and pickle ball courts, lawn bowling green, log cabin, outdoor event space, balifield, and restrooms. The Santiago Park Main Street Entrance Construction project extends from the Main Street entrance to the existing park restroom and playground. The project area is characterized by an asphalt roadway, bare dirt, and is lacking in site amenities, vegetation, and trees. As a park entrance, this landscape is the front door and the first impression that many visitors experience of Santiago Park. Grant Applicant Qualifications: The City of Santa Ana Public Works Agency is responsible for over $155 million of Capital Improvement Program projects annually in addition to maintaining and managing 53 parks, 13 miles of off-street trails, a zoo, and municipal stadium. The Park Services Division of the Public Works Agency successfully completes park and trail projects in Santa Ana from planning, design, and construction to maintenance and operation. The city has successfully managed four previous Conservancy grants. CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA: The proposed project is consistent with the Conservancy's Project Selection Criteria, last updated on September 23, 2021, in the following respects: Selection Criteria 1. Extent to which the project helps the Conservancy accomplish the objectives in the Strategic Plan. See the "Consistency with Conservancy's Strategic Plan" section below. 2. Project is a good investment of state resources. The project provides an opportunity to implement designs for enhancement of an invaluable resource for the city, region, and state. Once implemented, it will help restore and protect the ecological integrity of this tributary to the Santa Ana River while also providing a safe recreational space. The budget is reasonable for the scope of work. The Park Santiago Neighborhood Association has expressed strong support for the project, deeming it as "an essential respite within the densely populated urban setting in which [they] live." Local Page 3 of 6 SANTIAGO PARK MAIN STREET CONSTRUCTION residents and visitors will be able to enjoy the interpretive signs that will highlight the critical role that the park plays in sustaining wildlife, even in its urban context. 3. Project benefits will be sustainable or resilient over the project lifespan. An important goal of the proposed project is to ensure site improvements are sustained and resilient long into the future. To accomplish this, the design is intentionally minimal, rustic, and suited to the local environment. Drought tolerant and native riparian plants are inherently resilient, require less maintenance, have low irrigation needs, and will ensure the park entrance remains attractive even in potential periods of drought. Re-establishment of vegetation will support local biodiversity and a healthy ecosystem by providing habitat and food for local wildlife including pollinators, birds, and beneficial insects. Additionally, reestablished vegetation will help prevent stormwater runoff by capturing water to infiltrate into the ground aquifer. The selection of materials including natural stone and wood typically have lower environmental impact compared to their synthetic counterparts, which will help reduce the potential carbon footprint of the project. The use of simple materials, along with drought tolerant landscaping will require less maintenance as compared to elaborate or high maintenance designs. This project aims to restore the site to its natural and rustic character, and sustain these improvements into the future. The project goals align with Santa Ana's General Plan Conservation Element of 2022 core value of sustainability. Santa Ana prioritizes land use decisions that benefit future generations, plan for the impacts of climate change, and incorporate sustainable design practices at all levels. Implementation Action 2.2 of the General Plan Conservation Element is to "identify opportunities to enhance the natural qualities of Santiago Creek to protect habitat and reintroduce native plants and animals." The restoration and preservation of the remaining stretches of wilderness habitat at Santiago Park is incredibly important to the City of Santa Ana and its residents. 4. Project delivers multiple benefits and significant positive impact. The project seizes the unique opportunity to provide urban greening along one of very few remaining natural streams in Orange County and creates an immersive escape where visitors will forget they are in a city. Coupled with recreation amenities such as archery and lawn bowling, the restoration plans of the trail and enhanced features will provide a safe and welcoming space for all local community members to recreate freely. The project provides access to high quality greenspace for a city with several disadvantaged communities as defined by the California Department of Water Resources. PROJECT FINANCING Coastal Conservancy Project Total Page 4 of 6 $2,807,000 $2,807,000 SANTIAGO PARK MAIN STREET CONSTRUCTION The anticipated source of Conservancy funding for this project is a fiscal year 2021-2022 appropriation to the Conservancy from the General Fund for the Santa Ana River Conservancy Program. (The Budget Act of 2021, Section 19.57 as added by SB 170, Chapter 240, Statutes of 2021). This project is consistent with the goals of the Santa Ana River Conservancy program, as discussed in the Consistency with Conservancy's Enabling Legislation section below. CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: The proposed project is consistent with Chapter 4.6 of Division 21 of the Public Resources Code, Sections 31170 et seq. regarding the Santa Ana River Conservancy Program and funding for recreational opportunities and trails within the Santa Ana River region. The Santa Ana River region includes lands on either side of the Santa Ana River or its tributaries (Section 31172(c)). The proposed project is located adjacent to Santiago Creek, which is a tributary of the Santa Ana River. Section 31174(b) requires the Conservancy to prepare the Santa Ana River Parkway and Open Space Plan (Plan), which was approved by the Conservancy in May 2018. The Plan identifies and prioritizes low -impact recreational and open -space needs, including additional or upgraded facilities and parks that may be necessary or desirable within the Santa Ana River watershed. This project meets the criteria for apriority project as detailed in the Plan that will assist in upgrading facilities and parks that are necessary or desirable within the Santa Ana River watershed. Section 31173 states that the Conservancy may undertake projects and award grants to public agencies to help achieve the goals of the Santa Ana River Conservancy Program, including recreational opportunities and trails, and wildlife habitat and species restoration, and enhancement (Section 31173(a)). Santa Ana River Conservancy Program goals also include public access to, enjoyment of, and enhancement of recreational and educational experience on program lands in a manner consistent with the protection of land and natural resources and economic resources in the area (Section 31173(b)). Section 31174(c) states that the Conservancy shall "Give priority to river -related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river and in parts of the river channel that can be improved without infringing on water quality, water supply, and necessary flood control." The proposed project will help achieve the goals of the Santa Ana River Conservancy Program by awarding a grant to the City of Santa Ana to complete construction for recreational opportunities, trails, and wildlife habitat restoration in Santiago Park. The project will construct expanded opportunities for recreation within the park, and provide greening, aesthetic improvements, and wildlife habitat along Santiago Creek. The separation of trails for pedestrians and bicyclists and improved security lighting will expand and improve the recreational hiking and biking experience within the park. The installation of interpretive elements will also improve the educational experience and provide context for wildlife viewing and enjoyment. Page 5of6 SANTIAGO PARK MAIN STREET CONSTRUCTION CONSISTENCY WITH CONSERVANCY'S 2023-2027 STRATEGIC PLAN: Consistent with Goal 1.1 Commit Funding to Benefit Systematically Excluded Communities, the proposed project will benefit disadvantaged communities by constructing park facilities that will support recreational and educational opportunities for local disadvantaged youth. Consistent with Goal 2.4 Build Trails, the proposed project provides improvements to trail accessibility and safety along Santiago Creek, a tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River Parkway. Consistent with Goal 2.5 Recreation Facilities and Amenities, the proposed project will provide interpretive signage and trail amenities such as seating and lighting along the Santiago Creek, a tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River Parkway. CEQA COMPLIANCE: The proposed project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines at Title 14 California Code of Regulations, Article 19, Section 15304 (Minor Alterations to Land, Class 4) and Section 15303 (New Construction or Conversion of Small Structures, Class 3). Class 4 consists of minor public alterations in the condition of land, water, and/or vegetation, examples of which include but are not limited to new gardening or landscaping, and creation of bicycle lanes. This project will install new landscaping and establish separate bicycle and pedestrian trails. Class 3 consists of two creek viewing decks, interpretive signage, picnic tables, and benches. Upon approval of the project, Conservancy staff will file a Notice of Exemption. Page 6 of 6