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HomeMy WebLinkAbout80A - JOINT - PARKING GARAGESREQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: MARCH 7, 2011 TITLE: APPROPRIATION ADJUSTMENT, RESOLUTION, AMENDMENT TO AGREEMENT WITH AECOM, AND COOPERATIVE AGREEMENT FOR THE DOWNTOWN PARKING GARAGES AND WAYFINDING SIGNAGE PROGRAM l CITY M NAGER E) RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution of the City Council making certain findings for the Community Redevelopment Agency to assist with the funding of the improvements to the Downtown parking garages and the Third/Bush surface parking lot, and the Downtown Wayfinding Signage Program. 2. Authorize the City Manager and Clerk of the Council to execute the attached Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) in the amount of $9,455,000, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached first amendment to the agreement with AECOM, subject to non-substantive changes approved by the City Manager and City Attorney, to provide on-call engineering, architectural and landscaping services in the amount not to exceed $275,000 for a total contract amount of $475,000. 4. Approve an appropriation adjustment recognizing the 2011 Series A Tax Allocation Bond proceeds in the amount of $6,100,000 into the revenue (account no. 55418002-59300) and appropriating the same into the 2011 Series A Capital Project expenditure (account no. 55418830-66200). 8OA-1 Downtown Parking Garages and Wayfinding Program March 7, 2011 Page 2 COMMUNITY REDEVELOPMENT AGENCY 1. Adopt a resolution of the Community Redevelopment Agency making certain findings for the Agency to assist with the funding of the improvements to the Downtown parking garages and Third/Bush surface parking lot, and the Downtown Wayfinding Signage Program. 2. Authorize the Executive Director and the Agency Secretary to execute the attached Cooperative Agreement with the City of Santa Ana (City) in the amount of $9,455,000 subject to non-substantive changes approved by the Executive Director and Agency General Counsel. DISCUSSION In the late 1980s, the City/Agency constructed a number of parking structures to meet the growing demand for parking in the Downtown. The structures are in need of capital improvements, architectural upgrades for structural efficiency, ADA compliance, and addition of new security systems and installation of operational equipment. In 2006, the City Council awarded a contract to AECOM to perform engineering, architectural and landscaping services on an "as needed" basis. In late 2009, staff authorized AECOM to start the review and assessment of one of the Downtown garages. Based on the expanding scope of work and the need to provide improvements to all of the Downtown garages and surface lots, staff recommends that the existing contract be increased by $275,000 for a total amount not to exceed $475,000. This will provide the funding necessary to complete the design efforts for all four of the Downtown garages. Following completion of design and engineering work, contracts will be awarded for the actual construction and equipment installation. Also, in late 2009, the Agency authorized an agreement with RTKL Associates to develop a vehicular and pedestrian Wayfinding Signage program for the Downtown. This program includes the design of a signage program for the Downtown parking structures and public surface lots. Upon completion of an approved design, the City/Agency will award a contract for the manufacturing and implementation of the signage program. California State law permits Redevelopment Agencies to use tax increment revenue to pay the cost of public improvements and infrastructure constructed by other entities pursuant to certain findings made by the City Council. From time to time, the City and Agency have entered into Cooperative Agreements for the mutual benefit of the two parties and the public. By entering into the Cooperative Agreement, the Agency will pledge the proceeds from the 2011 Series A Tax Allocation Bond ($6.1 million), the remaining 2003 South Main Bond proceeds (approximately $2.45 million), and the Merged Project Area capital improvement project funds designated for the Wayfinding Signage program (approximately $600,000) and Third/Bush surface lot (approximately $300,000). The actions recommended provide an opportunity to affirm the use of bond proceeds pursuant to the official statement and budgeted capital project funds for the improvements to the Downtown garages and Third/Bush surface parking lot, and the Wayfinding Signage program. 8OA-2 Downtown Parking Garages and Wayfinding Program March 7, 2011 Page 3 FISCAL IMPACT Upon approval of the appropriation adjustment, funds for the Downtown parking garage improvement will be available in the 2011 Series A Capital Project expenditure (account no. 55418830-66200). Additional funding for the parking garage improvements are available in the 2003 South Main Capital Project (account no. 55218830-various). Funds for the Third/Bush surface lot improvements and the Downtown Wayfinding Signage program are available in the Merged Project Area Capital Improvements project fund (account no. 57018830-various). APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Go-dinez II Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 1104, C `I &'.(a-C4?L Nancy T. E ards Interim Exe tive Director Community Development Agency NTE/mlr Exhibits: 1. Amended Agreement with AECOM 2. Council Resolution 3. CRA Resolution 4, Cooperative Agreement 8OA-3 8OA-4 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on March 7, 2011, by and between AECOM/DMJM Harris, 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. The City and DMJM Harris entered into that certain Agreement A-2008-216, dated August 18, 2008, (hereinafter "said Agreement") by which Consultant has provided engineering and landscape architecture services on an on-call basis. B. In late 2009, staff authorized Consultant to begin the review and assessment of one of the Downtown garages. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include additional assessments and services pertaining to all of the Downtown garages/lots, and to increase the amount of compensation to pay for the additional tasks and services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include the services set forth in the Consultant's Proposal dated February 10, 2011, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3, COMPENSATION, shall be amended to increase compensation by $275,000, to pay for the additional services, at the rates and charges set forth in Exhibit A. The total not to exceed contract amount shall be $475,000.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// EXHIBIT 1 8OA-5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez, Executive Director Public Works Agency CONSULTANT: AECOM/DMJM Harris, a California corporation By: _ Name: Title: 80A-6 EXHIBIT A ADDITIONAL SERVICES 80A-7 AECOM AECOM 999'N. Town & Country Road, Orange. CA 92868 T 714.567.2501 F 714.567.2441 mmaecom.com February 10, 2011 Mr. Jason Gabriel City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Dear Jason, Subject: Fiesta Marketplace Parking Stkt'ucture Final Design This letter is AECOM's proposal for services associated with security upgrades at three City of Santa Ana parking structures and architectural, structural, and security upgrades at the Fiesta Marketplace parking structure. The basis of our scope of work is the assessment matrix prepared by the City and a field walk on February 3, 2011. The field walk included with City staff, AECOM staff, and a PCI manager. For services related to the Fiesta Marketplace, AECOM prepared a proposal in June, 2010 which Included engineering and architectural services needed to prepare contract documents and construction support for the improvements fisted in an assessment report dated May 21, 2010. It is my understanding that those Improvements will be incorporated into this project and this proposal therefore Includes the effort previously described plus some additional security enhancements. Four parking structures are contained in this proposal and scope of work. They include: 3rd and Birch; 5'h and Main; 5 and Sturgeon (Fiesta Marketplace garage); and, 3`4 and Broadway. We have two subconsuftants on our team: Nestor+Gaffney and the Structural Group. Structural Group will provide inspection and repair of the post-tensioning tendons in the Fiesta Marketplace parking structure and Nestor+Gaffney will provide architectural services for the same garage. General Scope of Work Items The scope of work for this proposal Is to prepare contract documents for the improvements described below. The proposal does not Include seismic analysis or retrofit of any structures, fire sprinklers, parking lot ingress/egress controls, or modifications to the sidewalks or public streets around the parking structures. In addition, video surveillance camera systems are not Included In this proposal since the final decision of whether to include them has not yet been made. The contract documents will be to City of Santa Ana standards and will include plans, specifications, and contract provisions. It Is assumed that the City's standard boilerplate contract document will be used as a basis and updated with the project's information to form the final contract documents. This will be performed by AECOM as part of this proposal. The scope of work also Includes construction administration (CA). For this scope of work, CA is defined as support to the City during the bid phase which includes answering bid questions. CA also includes periodic field visits during construction (four visits), answering of requests for information (RFIs), and. reviewing shop drawings as called for in the technical specifications. The City will advertise, collect bids, analyze bids, and award construction contract; this work in not included with this proposal. This proposal does not include administration of the construction contractor's contract, daily or frequent inspections, tracking of changes during construction, or oversight of the contractor's work. 8OA-8 AECOM will prepare a cost estimate for the improvements, and provide management and coordination during the design. Other assumptions include: Submittal of the drawings will be made for the 50% milestone; 100% draft package; and final construction documents. Drawings will be in Autocad. No geotechnical services are included The hourly rates for 2011 are as listed In AECOM's On-Call contract (City contract number A-2008-216). That rate sheet is attached for reference. The detailed proposals from Nestor+Gaffney and Structural Group are attached which further specify the scope of work and fee for each of their tasks. Prolect Specifics - 5th and Sauraeon (Fiesta Marketplace) Services will include those described in the Fiesta Marketplace Assessment Report dated May 21, 2010. In general these items Include preparation of final construction documents which will include architectural upgrades, structural repairs, lighting upgrades, ADA compliance, and post-tensioning tendon inspection and repair within the parking structure. In addition to Assessment Report, the scope of work includes: Security fence around the perimeter of level 2 of the structure. Panic hardware on all exterior doors, and screening around those doors to enhance security. Design solutions for two overhead roll-up security doors at each vehicle entrance. The scope of work for this parking structure includes the following: Architectural Services As listed in the proposal from Nestor+Gaffney which Is Included as Attachment B In this proposal. Security fence around the perimeter of level 2 of the structure. Panic hardware on all exterior doors, and screening around those doors to enhance security. Design solutions for two overhead roll-up security doors at each vehicle entrance. Structural Enaineerlna Identify damaged and spalled concrete. Identify location of exposed post-tensioned strands on floor plans. Review and coordinate repair works for strands with subcontractor. Provide design and detail as needed to attach new sign to the structure at north entrance. Slgnage will be designed by the sign vendor (by others) who will supply the reaction loads at anchor points. Provide design and detail of supports as needed for roll-up doors. Provide detail to eliminate ponding at one column location on ground floor. Coordinate with other consultants and governing agencies as required. Respond to plan check comments. Prepare calculations, drawings, and book specification for all recommended works. Provide CA during construction. Electrical Encrineerina Verify as-built drawings. Power plans to Include the upgrade of gate controls and the installation of electrically operated overhead roll-up doors. Prepare electrical drawings and book specifications for electrical upgrade works. Coordinate with other consultants and governing agencies as required. Respond to plan review. Review contractor submittals. Note: It is our understanding that the lighting improvements within this structure will be undertaken by PCI and we have therefore not Included any hours for that task or item. ilon I A[COM 8OA-9 Mechanical Enoineenno Prepare drawings for existing drainage system upgrades Equipment schedule for a new pump Review contractor submittals WQMP/NPDES The project will be classified as a non-priority project (less than 5,000 SF disturbed area). Design of site or treatment control BMPs will not be required. One site visit. The WQMP will be structured as shown in the template included on the Orange County Public Works website. The total cost of the service is $156,480. This cost is based on the following breakdown: Engineering/Mgmt $ 17,200 Engineering/Mgmt $ 4,000 Architectural Engr $ 20,500 Electrical Engr $ 6,700 Structural Engr $ 42,800 Mechanical Engr $ 5,400 Nestor+Gaffney $ 25,000 Structural Group (Insp & prtct) $ 18,800 Structural Group (tendon repair) $ 7,200 Cost Estimate $ 3,500 (Design Phase - coord, mgmt, bid document, WQMP) (Construction Administration) (Design and Construction Administration) (Design and Construction Administration) (Design and Construction Administration) (Design and Construction Administration) (Design and Construction Administration) (Inspection and protect w/ concrete cover over tendons) (if needed - assumes 4 tendons will require repair) Subconsultant mark-up (10%) $ 4,380 (10% of Gaffney plus Structural Group insp /protect) AECOM Trans ODC $ 1.000 Total Cost (this location): $156,480 AECOM Engineering/Mgmt cost for the design phase is based upon: 32 hours of coordination 40 hours of WQMP/NPDES 32 hours to prepare bid documents (technical specs are contained In each consultant's proposal). 24 hours - Construction Administration (this is in addition to CA listed for AECOM Architectural and Nestor+Gaffney) ODCs assumed to be $1,000. The scope of work and bid proposal for AECOM Architectural is contained In Attachment A, for Nestor+Gaffney in Attachment B, and for Structural Group in Attachment C. This proposal assumes that the Structural Group will repair four tendons which Is essentially a contingency sum since it is not possible to determine whether the tendons will require repair until the investigation has been conducted. 3'd and Birch Parklna Structure The work at this location includes replacement of steel mesh around exterior doors; new egress doors equipped with panic hardware; two roll-up grilles across entrance; security bars/grilles to enclose exterior stairways (this combines having to replace hand railings and adding bars); reverse swing of exterior door; reconfiguration of handicap parking stall and handicap egress near southwest corner of structure. For architectural services detailed scope of work see Attachment A. Note: ADA access will not be checked for the entire garage. Instead, only those areas affected by the work will be checked and reconfigured as necessary (see Attachment A). AECOM 80A-10 Electrical Engineering Note: it is our understanding that the lighting improvements within this structure will be undertaken by PCI and we have therefore not included any hours for that task or item, AECOM will: Verify as-built drawings. Power plans to include the upgrade of gate arm controls and the installation of electrically operated overhead roll-up doors. Prepare electrical drawings and book specifications for electrical upgrade works. Coordinate with other consultants and governing agencies as required. Respond to plan review. Review contractor submittals. Structural Engineering Support of architectural security enhancements. The total cost of the service is $57,950. This cost is based on the following breakdown: Engineering/Mgmt $ 7,300 Engineering/Mgmt $ 2,400 Architectural Engr $ 32,350 Electrical Engr $ 6,700 Structural Engr $ 7,700 Cost Estimate $ 1,500 Total Cost (this location): $ 57,950 (Design Phase - coord, mgmt, bid document) (CA) (Design and CA) (parking controls electrical) (Design and CA) AECOM Engineering/Mgmt cost for the design phase is based upon: 20 hours of coordination 16 hours to prepare bid documents (will be reduced if Fiesta is Included since hrs overlap effort) 12 hours CA _ 5"' and Main Street Parking Structure AECOM's scope of work generally includes: Incorporation of security bars/grilles to second story of parking structure; replacement of concrete panel on second story along Main Street side of structure; Incorporation of electrical equipment as needed to accommodate management booth. For architectural services detailed scope of work see Attachment A. Electrical Engineering Verify as-built drawings. Power plans to include the upgrade of gate arm controls, booths, and installation of electrically operated roll-up gates. Prepare electrical drawings and book specifications for electrical upgrade works. Coordinate with other consultants and governing agencies as required. Respond to plan review. Review contractor submittals. Structural Engineering Support of architectural security measures. The total cost of the service is $43,475. This cost is based on the following breakdown: EngineeringiMgmt $ 3,250 (Design Phase - coord, mgmt, bid document) Engineering/Mgmt $ 1,625 (CA) Architectural Engr $ 20,500 (Design and CA) \ia'C;i':,I ?fylliiLl('Qt ti!( li i AECOM 8OA-11 Electrical Engr $ 9,600 Structural Engr $ 7,000 Cost Estimate $ 1.500 Total Cost (this location): $ 43,475 (maintenance hub and typical work) (Design and CA) AECOM Engineering/Mgmt cost for the design phase is based upon: 16 hours of coordination 16 hours to prepare bid documents (will be reduced if Fiesta is included since hrs overlap effort) 8 hours CA 3rd and Broadway Parking Structure AECOM's scope of work generally includes: Incorporation of security bars for first and second stories of structure; equip exterior doors with egress only hardware and panic hardware; roll-up grilles at three locations within structure; install gates on two locations to limit access across pedestrian bridges; upgrade all lighting within structure; add lighting to exterior alcove on southeast portion of structure; and update electrical drawings by other for incorporation into package. Resolution of low point on top story which results in ponding on top floor, and installation of a new booth and electric gates within the garage will be by others. That work is not included in this scope or work. For architectural services detailed scope of work see Attachment A. Electrical Enaineerina Verify as-built drawings. Upgrade existing lighting; where new fixtures are required, exposed conduit will be specified. Power plans to include upgrade of gate controls, booths, and overhead roll-up gates. Prepare electrical drawings and book specifications for electrical upgrade works. Coordinate with other consultants and governing agencies as required. Respond to plan review. Review contractor submittals Structural Enalneerina The total cost of the service is $63,775. This cost Is based on the following breakdown: Engineering/Mgmt $ 8,100 Engineering/Mgmt $ 2,760 Architectural Engr $ 31,215 Electrical Engr $ 12,500 Structural Engr $ 7,700 Cost Estimate $ 1.500 Total Cost (this location): $ 63,775 (Design Phase - coord, mgmt, bid document) (CA) (Design and CA) (new lighting plus typical) (Design and CA) AECOM Engineering/Mgmt cost for the design phase is based upon: 20 hours of coordination 20 hours to prepare bid documents (will be reduced if Fiesta is Included since hrs overlap effort) 12 hours CA AECOM 8OA-12 Summary of Costs: 5d' & Spurgeon (Fiesta Marketplace): $ 156,480 3rd & Birch Structure: $ 57,950 5t' & Main Street Structure: $ 43,475 Td & Broadway Street Structure: $ 63,775 Architectural Enor - Specifications $ 9,245 Total Costs $ 330,925 Schedule Below is the duration anticipated to prepare the complete construction documents for the four sites. Research and Inspection 2 weeks Design Development (50% plans) 6 weeks City review (as requested) 3 weeks Draft Construction Documents 8 weeks City review 4 weeks Final Construction Documents 3 weeks Total 26 weeks Please review the proposal and let me If you would like to discuss the contract and total costs. Also, would like to thank you for the opportunity to provide this proposal and to assist the City. Our team Is looking forward to the work. Sincerely, An lk?' Gregory W. Hefter Project Manger I AECOM i 8OA-13 Attachment A AECOM Architectural Services Scope and Fee Estimate %?•._.(;OI`.?? lirut:::nrn i,littnl i 'AECOM 8OA-14 AECOM AECOM 999 W. Town & Country Road, Orange, CA 92868 T 714.567.2501 F 714.567.2441 wymaecom.com The cost of the architectural service is based on each parking structure and its scope of work. 3rd Street and Birch Parking Structure: Architectural scope of work: AECOM will perform a one day Field Investigation to review the accuracy of the architectural as-built documentation for the areas of improvement described below. AECOM will prepare a design solution and construction documents for the addition of two (2) new overhead roll-up doors at the existing East vehicle entrance. AECOM will prepare a design solution and construction documents for the addition of a new security fence at the perimeter of Level 2. AECOM will review the existing conditions, propose design solutions and prepare construction documents for access compliance improvements for the following limited areas as directed by the Owner: Path of travel at Southwest of parking structure to Include relocation of handicap parking stall, reconfiguration of egress gate and landings, and path of travel from egress door to the adjacent sidewalk. Fall protection at both stair towers in the Northeast and Southwest Our review of the existing conditions includes only those items listed and is not a complete analysis of the accessibility compliance of the parking structure. Other known deficiencies will not be addressed per Owner direction. AECOM will prepare a design solution and construction documents for the demolition and replacement of existing security screens (including metal plate blocking at existing panic hardware) at all pedestrian egress gates and stairs on Level 1. AECOM will review shop drawings, and prepare RFI responses for the scope described above during the construction phase. We will complete three (3) one day site visits for construction observation during the construction phase. The proposed stipulated sum for the scope described is $32,350 Field Investigation $1,015 Design and Construction Documentation $25,755 Construction Phase Services $5,580 3rd Street and Broadway Parking Structure Architectural scope of work: AECOM will perform a one day Field investigation to review the accuracy of the architectural as-built documentation for the areas of improvement described below. AECOM will prepare a design solution and construction documents for the addition of three (3) new overhead roll-up doors at the existing North, South and East vehicle entrances, and each has an adjacent fencing extension includes a pedestrian gate. AECOM will prepare a design solution and construction documents for the addition of a new security fence at the perimeter of both Level 1 and Level 2. AECOM will prepare a design solution and construction documents for the addition of two (2) pedestrian gates and adjacent 5-foot fencing extension both sides to secure entry from pedestrian bridges at the North and East perimeters. Review or improve the accessibility compliance of the parking structure is not in the scope of work per Owner directive. AECOM will review shop drawings, and prepare RFI responses for the scope described above during the construction phase. We will complete three (3) one day site visits for construction observation during the construction phase. The proposed stipulated sum for the scope described is $31,215 Field Investigation $1,015 Design and Construction Documentation $23,850 Construction Phase Services $6,350 8OA-15 5`h and Main Parking Structure Architectural scope of work: AECOM will perform a 3-hour Field investigation to review the accuracy of the architectural as-built documentation for the areas of improvement described below. AECOM will prepare a design solution and construction documents for the addition of a new security fence at the perimeter of Level 2. Review or improve the accessibility compliance of the parking structure is not in the scope of work per Owner directive. AECOM will review shop drawings, and prepare RFI responses for the scope described above during the construction phase. We will complete two (2) one day site visits for construction observation during the construction phase. The proposed stipulated sum for the scope described is $20,500 Field Investigation $380 Design and Construction Documentation $16,055 Construction Phase Services $4,065 5"' and Spurgeon Parking Structure Architectural scope of work: AECOM will perform a 3-hour Field Investigation to review the accuracy of the architectural as-built documentation for the areas of improvement described below. AECOM will prepare a design solution and construction documents for the addition of a new overhead roll-up door at each existing vehicle entrance - a total of two (2) overhead roll-up doors Review or improve the accessibility compliance of the parking structure is not in the scope of work per Owner directive. AECOM will review shop drawings, and prepare RFI responses for the scope described above during the construction phase. We will complete two (2) 3-hour site visits for construction observation during the construction phase. The proposed stipulated sum for the scope described Is $9,450 Field Investigation $380 Design and Construction Documentation $7,165 Construction Phase Services $1,905 The total proposed stipulated sum for the scope of work at all four (4)parking structures is $102 760 based on the following breakdown: , P Street and Birch Parking Structure 3`d St t d B $32,350 ree an roadway Parking Structure "' $31,215 5 and Main Parking Structure 5"' d $20,500 an Spurgeon Parking Structure $9,450 Project Specification Manual $9,245 Should the Owner request AECOM's participation at any construction meetings, we would be happy to provide this service on a time and materials basis at an hourly rate of $125/hr. '. AECOIvi 8OA-16 Attachment B Nestor+Gaffney Scope and Fee Estimate AECOM lraii poilalion AECOM 80A-17 STEVEN GAFFNEY ARCHITECTURE INC 305 W. FOURTH ST. SANTA ANA. CA 92701 wwwsgoffneyorch.com TEL: 714 571 0500 FAX:714 571 0600 February 7, 2011 Mr. Gregory Hefter AECOM 20 Empire Drive Lake Forest, California 92630 BE: Proposal for Architectural Services City of Santa Ana, Fiesta Marketplace Parking Structures Greg, I am pleased to submit this proposal for architectural services for the above referenced project. PROJECT DESCRIPTION The Project is located on two parcels of City owned land fronting East Fifth Street and extending to the alley between Fifth and Fourth Streets. The Western parcel is located between Birch Street and Spurgeon Street white the eastern parcel Is located between Spurgeon Street and French Street. The main access to both parcels is from Spurgeon Street. The Project consists of two public multistory open parking structures with vehicular and pedestrian circulation. The Project includes general fagade remodel / renovation / modernization, miscellaneous code required upgrades including disabled access compliance for stairs & railings, path of travel, upgrade of at least a single unisex restroom for parking attendant, lighting upgrades / replacement, graphic & signage upgrades / replacement and miscellaneous site Improvements. Conceptual design documents have been prepared under a previous Agreement and will form the basis of the intended scope of improvements. Steven Gaffney Architecture, Inc. (SGA) understanding is that the City desires to renovate and modernize the existing structures by creating a new architectural vision for the overall downtown development within the "Fiesta Marketplace" area. To accomplish this SGA proposes the following Scope of Services. SCOPE OF WORK: SGA Basic Services: It Is our understanding that the City of Santa Ana has entered into an Agreement with AECOM to provide certain services related to the above referenced Project. AECOM desires to enter into an Agreement with Steven Gaffney Architecture, Inc. (SGA) to provide certain services to assist AECOM in the preparation of the scope items indicated below. SGA services will include the following: SGA will prepare overall site design improvements based on the previously studied conceptual design and provide coordination with The City of Santa Ana, AECOM and other selected consultants for streetscape improvements Including both hardscape and landscape enhancements, vehicular parking circulation / controls, street furniture, graphics and signage. The new Improvements will be coordinated with and complement the relationships to the adjacent retail and business developments. 8OA-18 Mr. Gregory Hefter February 7, 2011- Page 2 • SGA will prepare designs and documents for Fagade remodel / renovation / modernization improvements that may 'include, but are not limited to, removal of and replacement of existing graphics, removal and replacement of existing guardrail planters and supports; new applied architectural detailing with new and complementing designs, materials and colors. • SGA will analyze and prepare designs and documents to address code required improvements including, but not limited to, disabled access compliance for stairs & railings, path of travel access & egress, upgrade of at least of the existing public restrooms to a single uni-sex restroom for parking attendant and elevator access verification. • SGA will provide assistance and coordination to AECOM, The Oily and other consultants for miscellaneous improvements that may include, but are not limited to, new signage and graphics prepared by other, new parking control system prepared by others, new interior lighting prepared by AECOM with fixtures as coordinated with SGA, new Interior paint finishes including graffiti prevention and structural improvements as may be required by AECOM. SGA Basic Services will include Architectural Services Only. SGA's Basic Services will include the preparation of architectural documents and coordination with AECOM and other design professionals to competitively bid and build the desired improvements as indicated above. SGA Basic Services do not include the following consultants, engineers or services; geotechnical engineering, civil engineering, structural engineering modifications to existing structure, mechanical engineering, electrical engineering, fire sprinkler/ life safety, landscape design services, graphlc/signage design and vehicular access and pedestrian security design services. SGA Basic Services will include coordination with AECOM and other additional consultants the City may select, including, but not limited to, Signage & Graphics and Parking Controls. Basic services do not Include utility relocation or temporary facilities which may or may not be required. Basic Services and Responsibilities: Programming / Master Planning: Provided under separate Agreement with the City of Santa Ana. SGA Design Development Services: Design Development Documents Prepare a package of drawings and other documents refining and explaining the proposed program improvements. This package includes general site plan, floor plans, elevations, sections and details as may be required. Coordinate with AECOM for structural, mechanical and electrical improvements. r Coordinate any required street improvements directly adjacent to the Project with the appropriate City Department or consultant. Coordinate any signage and graphic designs with the appropriate City Department or consultant. 8OA-19 Mr. Gregory Hefter February 7, 2011- Page 3 Coordinate any parking control designs with the appropriate City Department or consultant. Attend meetings with AECOM and the City as may be required and make presentations as requested or required. SGA Construction Document Services: SGA Architectural Construction Documents: Prepare construction documents consisting of drawings and specifications setting forth the requirements for project construction, The final construction documents will be of sufficient detail to reasonably bid and build the project by a competent general contractor familiar with this type of work. The architectural construction documents are prepared from the approved Design Development drawings with two-dimensional graphic representations, such as plans, elevations, sections, and details indicating the design, location, size, and dimensions of the project and of the parts thereof. (dotes on the drawings and specifications support and explain the graphic representations. Coordinate with AECOM for structural, mechanical and electrical improvements. Coordinate any required street Improvements directly adjacent to the Project with the appropriate City Department or consultant. Coordinate any signage and graphic designs with the appropriate City Department or consultant. Coordinate any parking control designs with the appropriate City Department or consultant. Attend meetings with AECOM and the City as may be required and make presentations as requested or required. Plan Check: Submit the appropriate documents to the various govemmental departments for the purpose of checking plans prior to Issuing building permits. Coordinate with the various governmental agencies and make adjustments necessary to the architectural construction documents and coordinate any requirements with AECOM and other City consultants so that they will satisfy the requirements for Issuance of a building permit. SGA Construction Administration Services: General SGA will provide services during the course of construction on an as needed basis to assist AECOM and the City in the bidding and selection of an overall Project Construction Manager andlor General Contractor and will be available to provide the s; services indicated below within the ailotted amount Indicated In the Compensation section below. 8OA-20 Mr. Gregory Hefter February 7, 2011- Page 4 Construction Observation: Make visits to the site during the construction of the project, review the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the contract documents and the general conditions of the contract. Provide assistance to the contractor and subcontractors as is reasonably required to explain or interpret the drawings. Shop Drawings and Submittal Review: Review and take appropriate action on shop drawings, product data, samples, and other submittals required by the construction documents. Addendums, Bulletins and Change Orders: Prepare Addendums prior to the construction contract award and Bulletins after the construction contract is awarded or construction has commenced. Addendums and Bulletins will provide the contractor with information relating to clarification, documentation of field changes, detail changes and Client changes. The Architect shall review and respond to Change Orders submitted by the general contractor. Request for Information (RFI's): Review and respond to requests for information or clarification submitted by the general contractor. RFI's resulting in a change to the contractor's contract shall be issued as an Addendum or a Bulletin. COMPENSATION: Professional Fees: SGA shall be compensated for the Design Development and Construction Document Phase hourly with a not to exceed amount of Twenty Two Thousand Five Hundred Dollars ($22,500). For the Construction Administration Phase SGA shall be compensated hourly with a not to exceed amount of Two Thousand Five Hundred Dollars ($2,500) on an as needed basis. Hourly Rates: Principals $210 per hour Sr. Associates $170 per hour Associates $130 per hour Project Architect $120 per hour Designer $100 per hour Clerical $ 60 per hour REIMBURSABLE EXPENSES: Reimbursable expenses are In addition to compensation noted above and include expenses i made by SGA. These expenses shall include computer plots, blueprinting and reproduction, photo work, overnight delivery and messenger delivery services, renderings and models. Reimbursable expenses will be billed at 1.15 x actual cost. Plotting by SGA will be billed at $1.50 / sf. 8OA-21 Mr. Gregory Hefter February 7, 2011- Page 5 PAYMENT: Invoices shall be billed monthly showing time expended for each monthly cycle. Payment of invoices is required within 30 days of date of invoice. SUMMARY: We are pleased to submit this proposal for architectural services. If you have any questions or require addition clarification, please call. If this proposal meets with your approval, we can prepare the appropriate Agreements for these services or review an Agreement prepared by AECOM. Sincerely, STEVEN GAFF,NWAACHITECTURE, INC. Steven Gaffney, A1A, LEED AP Principal 8OA-22 Attachment C Structural Group Scope and Fee Estimate '??:.i.;C.)\,1 -,'•?i?il',i3(ai IF't;+e;rl AECOM 8OA-23 STRUCTURAL02h, /GROUP Proposal No. 109646 March 25, 2010 AECOM Transportation Mr. Gregory W. Heftner, PE 999 W. Town & Country Road Orange, CA 92868 Los Angeles Division 15552 Commerce Lane Huntington Beach, CA 92649 Phone 714.891-9080 Fax 714-897.0163 www.structural.net Structural Group, Inc. CA License #:776932 Re: Fiesta Marketplace Parking Structure- Post Tension Inspection and Repair Dear Mr. Heftner: Thank you for giving Structural Group, Inc. (SG) the opportunity to prepare a repair proposal for the post tension cables at the Fiesta Marketplace Parking structure. The post tension appears to be in good condition with the exception of several exposed tendons in each garage. In order to prepare for larger repair project we propose a plan to investigate the condition of the exposed cable while at the same time providing a solution to the concerns about water penetration and future damage to the cables, In accordance with this we propose to f imish all necessary labor, material, equipment and supervision except as noted below to perform the following items of work: 1. Mobilize to job site 2. Layout repair areas 1-5 (as shown in attached photos 1-5). 3. Saw-cut approx %Z inch deep around patches. 4. Chip-out repair area to expose cables and provide keyway. 5. Inspect exposed cables for condition and tension. 6. Provide stamped engineers report on cable condition. 7. Re-seal damaged tendon sheathing per PTT specification (see image 6). 8. Prep concrete surface for topping. 9. Install high strength concrete repair material to provide min 1 inch cover for cables. If deemed necessary from inspection of the cables and engineering analysis of the existing capacity of the structure we also propose to re-tension existing broken cables as follows: I. Locate quarter point of cable profile. 2. Expose cable at this point. 3. Install cable coupler per PTI specifications with splice of new cable length. 4. Using "Z" anchor, re-tension cable to required pressure within open slab location. 5. Using high strength concrete repair mortar pour back open patch. ATLANTA. BALTIMORE • BATON ROUGE. BIRMINGHAM. CHICAGO -CINCINNATI. DALLAS -DENVER. DETROIT. FT LAUDERDALE . GREEN BAY. HARTFORD -HOUSTON KANSAS CITY. LAKE CHARLES, LA. LOS ANGELES - NEW YORK. PHILADELPHIA. PHOENIX . PITTSBURGH - SALT LAKE CRY -WASHINGTON, OC. WEST FLORIDA A Structural Group Company 8OA-24 Fiesta Marketplace Parking Stricture March 25, 2010 Page 2 WORKING CONDITIONS: 1. Daytime work hours (7:00a.m. -- 3:30p.m.). 2. Around the clock if needed. 3. Five (5) day week MTWThF. 4. Traffic control 5. Phased construction. 6. Enclosed work area. 7. Daily debris removal. 8. Open shop. Union Project Labor Agreements are not included. 9. Non-Prevailing wage rates 10. Debris removed from site. SUPPORT BY OTHERS (at no cost to SG) SHALL INCLUDE THE FOLLOWING: 1. 110V electric available at existing outlets. 2. The use of onsite toilet facilities. 3. Access to potable water. 4. Parking for service vehicles. 5. Construction permits if required. 6. Security guards. 7. Unobstructed access to work area. 8. Storage area. 9. Not responsible for damage to embedded utilities. SCHEDULE: To be arranged. PRICE: All work shall be paid for in accordance with the following schedule of values: • The price to perform the investigative/repair work as outlined above is $18,800.00 • The price to perform the PT repair work is $1,800.00 per location PAYMENT TERMS: 1. 20% down payment upon acceptance. 2. Future invoices shall be submitted monthly and/or at the completion of work and are payable within thirty (30) days from date of invoice. One and one-half (1.5%) interest due on unpaid balance after thirty (30) days. 8OA-25 Fiesta Marketplace Parking Stricture March 25, 2010 Page 3 GENERAL CONDITIONS: See Attachment "A" EXPIRATION: This proposal may be withdrawn if not accepted within thirty (30) days. Very truly yours, Structural Group, Inc. Benjamin Ball Nils Fox Project Estimator Business Development ACCEPTANCE Or PROPOSAL: The above Conditions, Specifications, Prices and General Conditions are hereby accepted. This proposal, once signed, acts as the only agreement between the parties. You are authorized to proceed to do this work and payment will be as stated above. ACCEPTED BY: Authorized Signature Title Date 8OA-26 Fiesta Marketplace Parking Structure March 25, 2010 Page 4 8OA-27 Fiesta Marketplace Parking Structure March 25, 2010 Page 5 8OA-28 FIGURE Ji M tl x Y ft area on h floor UI East garage Fiesta Marketplace Parking Structure March 25, 2010 Page 6 8OA-29 15.6 Repair of Damaged Sheathing The following is a recommended guideline for determining when damaged sheathing is to be repaired, and what methods and materials are to be used in the repair process. The purpose of the sheathing material is two-fold. First, it prevents the concretafrom bonding to the prestressing steel so that it can be tensioned after concrete placement. Second, it contains the P-T coating and serves as a barrier against corrosion. In an aggressive environment, where the designer has specified an encapsulated system, the requirements call for the tendon to be completely watertight from end anchor to end anchor. This is strictly interpreted that nQ prestressing steel is to be exposed and that Ail rips, tears, or gaps in the tendon sheathing are to be repaired using one of the methods described below. In a non-aggressive environment, where the designer has specified the use of a standard system, the requirements are typically not as stringent as those referenced above for aggressive environments. Typically, for standard system applications, a maximum of 1 inch of exposed prestressing steel is allowed behind the stressing-end anchors and a maximum of 12 inches is allowed at the fixed-end anchors. In addition, rips and tears 1 inch or less in length may be left un-repaired; however, all gaps (total discontinuities) in the sheathing should be repaired as described below. In some non-aggressive environment applications, the engineer may specify more stringent requirements than those noted above. Rips and tears in the sheathing greater than 1 inch in length should be repaired according to method #1 or 42 (described below) in order to protect the strand and prevent excess friction during stressing. All gaps (total discontinuities) in the sheathing should be repaired using only method #1 described below. Repair Method #1: 1. Restore tendon P-T coating In damaged area If needed. ' 2. Place a section of split tubing over the damaged area (tendon sheathing can be used if two pieces are overlapped). It should overlap at least 3 inches (75 mm) past each end of the original tendon's sheathing. 3. Spirally wrap the entire length of the repair area with tape, overlap 501/6, and extend the tape past the end of the repair section by 3 inches (75 mm) in both directions. I I DAMAGED 3 1END0lI (T6mm) AREA (18mm) ® TUB91C I _ y' I SPIRAL VRWKD TAPE 89 8OA-30 :IE Repair Method #2 Taping can be used in place of method #1 to repair small rips and tears in the sheathing where no significant portion of the original sheathing is missing. Spirally wrap a minimum of two layers of repair tape, overlapping by 50% and extending a minimum of 3 Inches (75 mm) past the damaged area in both directions. C Acceptable Material PTI's Specification for Unbonded Single Strand Tendons states that the tape used Q should: • be self-adhesive and moisture proof • be non-reactive with sheathing, P-T coating, and prestressing steel • have elastic properties • have a minimum width of 2 inches • have a contrasting color to the tendon sheathing Tests run by PTI have shown that various materials, Including PVC pipe wrap tape, waterproof duct tape, and other PVC and polyethylene tapes, meet these requirements and F perform as required.The testing revealed that the most important tactor in the performance F of any tape repair is that the application of the tape is smooth and that seams, joints, and tape wrinkles are kept to a minumum. Testing showed that tapes wider than 3 inches were very difficult to properly apply without wrinkles and still maintain the watertight seal that is I 9o p 8OA-31 Hourly Rates For On-Call Contract A-2008-216 AECONI 8OA-32 AECOM Hourly Rate Schedule - Santa Ana On-Call Contract Note: 2019 rates reflect 2% Increase from 2010 Classification 2010 Billing Rates 2011 Billing Rates Project Director $218.48 $222.85 Protect Manager $199.20 $203.18 Technical Specialist $183.14 $186.80 Principal Engineer $164.93 $168.23 Project Controls Manag er $146.73 $149.66 Senior Engineer $142.44 $145.29 Engineer $124.24 $126.72 Senior CAD Designer $124.24 $126.72 Associate Engineer Project Controls Specialist $103.89 $105.97 Assistant Engineer $97.46 $99.41 $94.25 $96.14 CAD Drafter $83.54 $85.21 Administrative Assistant $70.69 $72.10 ` AECOM 8OA-33 8OA-34 3-3-11 LES RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING A COOPERATIVE AGREEMENT REGARDING CONSTRUCTION IMPROVEMENTS TO THE DOWNTOWN PARKING GARAGES/LOTS WITH THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND MAKING CERTAIN FINDINGS PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the 'Redevelopment Plan"), in the area known as the Central City Project Area. B. The Agency and City of Santa Ana (the "City") wish to cooperate with one another to bring about the redevelopment of the Project Area and accomplish various tasks set forth in the Redevelopment Plan and the Implementation Plan. C. Pursuant to Section 33220 of the Community Redevelopment Law (Health and Safety Code section 33000, et seq.) (the "CRL") certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. D. The Agency and City have prepared a Cooperative Agreement (the "Agreement") to provide for the implementation of certain projects pertaining to the parking garages/lots within the Central City Project Area. (the "Projects"), and to make payments by the Agency to the City to reimburse the City for the cost to the City for performing its obligations thereunder. E. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for all or part of the cost of installation and construction of any building, facility, structure or EXHIBIT 2 8OA-35 other improvement which is publicly owned either within or without the project area, upon the consent of the City Council of the City of Santa Ana ("City"), if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. F. The City is the owner of numerous parking structures in the City's Downtown. These parking structures are located within the Central City Project Area. The structures are in need of capital improvements, architectural upgrades for structural efficiency, ADA compliance, and addition of new security systems and installation of operational equipment. G. The City further desires to add to the design efforts for the four structures with the implementation of the way-finding sign program for the Downtown including construction of signage for the parking structures and public surface parking lots. H. The publicly owned improvements to be made to the parking structures will be of benefit to the merged Project Area (and the Central City Project Area) as well as benefit the immediate neighborhood and all patrons of the Downtown. This finding is supported by the fact that public improvements in general facilitate the removal of blight and help create a safe, more cohesive and economically dynamic community. Public safety improvements eliminate blight, improve traffic flow, increase the safety of residents, create and promote business attraction and retention in the Downtown. The City, public and business community will significantly benefit from the proposed Projects. These public improvements will beautify public streets, promote business, and improve public infrastructure necessary to spur economic revitalization in the Project Area. 1. The City determines that it lacks funds to pay for the Project at this time, and there are no other reasonable means of financing said improvements. It has been difficult for the City, by itself, to provide sufficient funds to support the construction of major public improvements. The limited resources of the City's General Fund are committed to 2 8OA-36 previously incurred obligations and planned projects. J. The Agency approved the sale and issuance of tax allocation bonds which included approximately Six Million One Hundred Thousand ($6,100,000) dollars in new debt to finance the proposed Projects. Further, there are 2003 bond proceeds from the South Main Project Area (approximately $2,500,000) which can be used for this capital improvement/construction project, as well as $900,000 from the merged project capital fund which can be of benefit to the Merged Project Area. The actions recommended provide an opportunity to affirm the use of bond proceeds pursuant to the Official Statement and budgeted capital project funds for the improvements mentioned herein. K. The City further finds and determines that the payment of funds for the construction of the publicly owned improvements is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. L. The City finds that it is in the best interests of the City and the common benefit of residents, employees, business tenants and property owners within the Project Area and the City as a whole for the Projects to be developed and constructed. M. The City Council has received and heard all oral and written objections to the proposed payments by the Agency to the City for the Projects as described in the Agreement, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. N. The City Council hereby finds and determines that the foregoing findings are true and correct. Section 2. The City Council hereby consents to the payment by the Agency of up to $9,445,000.00 in Agency funds from the Merged Project Area as well as bond funds for these publicly owned improvements, in accordance with that certain Cooperative Agreement to be executed between the Agency and the City. Section 3. The City Manager is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and cant' out the Resolution and Cooperative Agreement on behalf of the City. Section 4. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 3 8OA-37 ADOPTED this day of , 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 4 8OA-38 3-2-11 LES RESOLUTION NO.2011- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING A COOPERATIVE AGREEMENT REGARDING CONSTRUCTION IMPROVEMENTS TO THE DOWNTOWN PARKING GARAGES/LOTS WITH THE CITY OF SANTA ANA AND MAKING CERTAIN FINDINGS PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Community Redevelopment Agency Board hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the "Redevelopment Plan"), in the area known as the Central City Project Area. B. The Agency and the City of Santa Ana (the "City") wish to cooperate with one another to bring about the redevelopment of the Project Area and accomplish various tasks set forth in the Redevelopment Plan and the Implementation Plan. C. Pursuant to Section 33220 of the Community Redevelopment Law (Health and Safety Code section 33000, et seq.) (the "CRL") certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. D. The Agency and City have prepared a Cooperative Agreement (the "Agreement") to provide for the implementation of certain projects pertaining to the parking garages/lots within the Central City Project Area. (the "Projects"), and to make payments by the Agency to the City to reimburse the City for the cost to the City for performing its obligations thereunder. E. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for all or part of the cost of installation and construction of any building, facility, structure or EXHI?IT 3 8OA-39 other improvement which is publicly owned either within or without the project area, upon the consent of the City Council of the City of Santa Ana ("City"), if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. F. The City is the owner of numerous parking structures in the City's Downtown. These parking structures are located within the Central City Project Area. The structures are in need of capital improvements, architectural upgrades for structural efficiency, ADA compliance, and addition of new security systems and installation of operational equipment. G. The City further desires to add to the design efforts for the four structures with the implementation of the way-finding sign program for the Downtown including construction of signage for the parking structures and public surface parking lots. H. The publicly owned improvements to be made to the parking structures will be of benefit to the merged Project Area (and the Central City Project Area) as well as benefit the immediate neighborhood and all patrons of the Downtown. This finding is supported by the fact that public improvements in general facilitate the removal of blight and help create a safe, more cohesive and economically dynamic community. Public safety improvements eliminate. blight, improve traffic flow, increase the safety of residents, create and promote business attraction and retention in the Downtown. The City, public and business community will significantly benefit from the proposed Projects. These public improvements will beautify public streets, promote business, and improve public infrastructure necessary to spur economic revitalization in the Project Area. 1. The City has determined that it lacks funds to pay for the Project at this time, and there are no other reasonable means of financing said improvements. It has been difficult for the City, by itself, to provide sufficient funds to support the construction of major public improvements. The limited resources of the City's General Fund are committed to 2 8OA-40 previously incurred obligations and planned projects. J. The Agency approved the sale and issuance of tax allocation bonds which included approximately Six Million One Hundred Thousand ($6,100,000) dollars in new debt to finance the proposed Projects. Further, there are 2003 bond proceeds from the South Main Project Area (approximately $2,500,000) which can be used for this capital improvement/construction project, as well as $900,000 from the merged project capital fund which can be of benefit to the Merged Project Area. The actions recommended provide an opportunity to affirm the use of bond proceeds pursuant to the Official Statement and budgeted capital project funds for the improvements mentioned herein. K. The City further finds and determines that the payment of funds for the construction of the publicly owned improvements is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. L. It is in the best interest of the City and the common benefit of residents, employees, business tenants and property owners within the Project Area and the City as a whole for the Projects to be developed and constructed. M. The City Council and Agency have received and heard all oral and written objections to the proposed payments by the Agency to the City for the Projects as described in the Agreement, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. N. The Agency Board hereby finds and determines that the foregoing findings are true and correct. Section 2. The Agency hereby consents to the payment by the Agency of up to $9,455,000.00 in Agency bond and capital funds from the Merged Project Area for these publicly owned improvements, in accordance with that certain Cooperative Agreement to be executed between the Agency and the City. Section 3. The Executive Director of the Agency, or her/his designee, is hereby authorized to execute the Cooperative Agreement on behalf of the Agency, together with such non-substantive changes as may be approved by the Agency Executive Director and the Agency General Counsel. Section 4. The Executive Director of the Agency, or her/his designee, is hereby 8OA-41 authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out and implement the Resolution and Cooperative Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement. Section 5. The Recording Secretary for the Agency shall attest to and certify the vote adopting this Resolution. 8OA-42 ADOPTED this day of 2011. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph Straka, Interim General Counsel By: Lisa E. Storck Assistant Counsel AYES: NOES: ABSTAIN: NOT PRESENT: Boardmembers: Boardmembers: Boardmembers: Boardmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2011. Date: Secretary, Community Redevelopment Agency 5 8OA-43 8OA-44 COOPERATIVE AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF SANTA ANA FOR THE DOWNTOWN PARKING GARAGES/LOTS AND THE WAYFINDING SIGNAGE PROGRAM THIS COOPERATIVE AGREEMENT is entered into this 7 h day of March, 2011, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"). WITNESSETH A. The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The Agency desires to contract with the City for the City to provide for the construction and installation of public improvements projects which, in this case, will consist of the capital improvements to the parking structures/lots, architectural upgrades for structural efficiency, ADA compliance, addition of new security systems and installation of operational equipment and construction of new signage at the parking structures/lots within the Merged Project Area. Such work will be referred to hereinafter as "Publicly Owned Improvements" in connection with the Agency's redevelopment activities within the Merged Project Area C. The Agency is willing in connection with the provision of such Publicly Owned Improvements by the City, to pay for a portion of the total construction costs of such Publicly Owned Improvements. D. The City has initially paid or will initially pay for said Publicly Owned Improvements on the condition that the Agency contribute to the costs of such construction work on the Publicly Owned Improvements. E. The City and Agency by resolution have each found that the use of Agency redevelopment funding for the Publicly Owned Improvements included herein is in accordance with Section 33445 and 33445.1 of the Community Redevelopment Law ("CRL") and other applicable law. Such Council and Agency resolutions are each based on the authority, with the consent of the Council, to pay all or part of the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned, either within or outside a Project Area, if the City Council makes certain determinations. EX431T 4 8OA-45 F. The recommended actions provide an opportunity to affirm the use of bond proceeds pursuant to the Official Statement and budgeted capital project funds for the Publicly Owned Improvements. NOW, THEREFORE, the parties hereto do mutually agree as follows: SCOPE OF WORK A. The City will be contracting with the lowest and best bidder to perform the Parking Structure/Lot construction improvements pursuant to plans and specifications to be prepared by the City. The work consists of capital improvements to the parking structures/lots, architectural upgrades for structural efficiency, ADA compliance, addition of new security systems and installation of operational equipment within the Merged Project Area. B. The City will be contracting for the implementation of the way-finding signage program for the Downtown including, but not limited to, construction of signage for the parking structures and public surface parking lots. C. It is the responsibility of the City to pay all development and construction costs in connection with these Publicly Owned Improvements from funds paid to the City by the Agency under this Agreement. D. The City shall perform its obligations hereunder in accordance with all applicable provisions of federal, state and local laws, including its obligation to comply with environmental laws such as CEQA, and shall timely complete the work required for the Publicly Owned Improvements referenced herein. 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall contribute to the construction of the Publicly Owned Improvements in an amount not to exceed Nine Million Four Hundred Fifty Five Thousand Dollars ($9,455,000.00), with the breakdown of project costs as shown in Exhibit A attached hereto and incorporated herein. The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned Improvement construction work set forth in Section 1. The amount to be paid by the Agency hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by the city. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will 2 8OA-46 each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. 4. SEVERABILITY If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the City as set forth in Section 1 hereto. 6. BINDING ON SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. (Signatures on following page) 3 80A-47 IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA By David N. Ream City Manager ATTEST: Maria D. Huizar Secretary APPROVED AS TO FORM: Joseph Straka Interim City Attorney/Agency General Counsel By: Lisa E. Storck Assistant City Attorney/Assistant Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA By: Nancy T. Edwards Interim Executive Director 80A-48