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Home My WebLink AboutItem 12 - 10th Street and Flower Street ImprovementsPublic Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 15, 2024 TOPIC: 10th Street and Flower Street Improvements AGENDA TITLE Construction Contract for the Construction of a Cul de Sac, Bioswale, and Crosswalk Adjacent to Future Park on loth Street and Flower Street (No. 22-1342) (Non -General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include an additional $1,845,898 in construction funds for the 10th Street & Flower Street Improvements Project (No. 22-1342). 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,845,898, which includes $1,476,719 for the construction contract; $221,507 for contract administration, inspection, and testing; and a $147,672 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 3. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,476,719, subject to change orders, for construction of the 10th Street & Flower Street Improvements Project (No. 22-1342), for a term beginning October 15, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve adoption of a Mitigated Negative Declaration for the loth & Flower Street Improvements and future loth & Flower Park, pursuant to the California Environmental Quality Act. Mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project will be made part of the Construction Contract. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA)'s Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects in the city. American Rescue Plan Act (ARPA) funding has been allocated for the creation of open space to 10th Street and Flower Street Improvements October 15, 2024 Page 2 enhance pedestrian safety, accessibility, and mobility within qualified census tract areas. The southwest corner of Flower Street and 10th Street (Exhibit 1), currently an empty lot owned by the City, is designated for the construction of a new park in the future. This park will prioritize serving the local neighborhood, and may include amenities such as a fitness area, basketball court, playground area, and skate park. To ensure a safe and accessible intersection for the park, additional street safety enhancements are necessary to support the planned improvements (Exhibit 1) which include the closure of 10t" Street at Flower Street and installation of a safe pedestrian crosswalk on Flower Street to the future park. More specifically, the 10th Street and Flower Street Improvements Project (No. 22-1342) will consist of the following: • Excavation, grading, removal, and replacement of asphalt concrete pavement • Installation of concrete sidewalks • Accessible curb ramps, concrete driveways • Concrete street reconstruction • Construction of a new cul-de-sac • Parkway culvert • Installation of a new pedestrian hybrid beacon (PHB) crosswalk • New signage and striping The PHB will enable pedestrians to safely cross Flower Street at 10th Street, while the cul-de-sac will prevent westbound through vehicular traffic on 10th Street. This project meets the intent of the funding source by enhancing traffic safety for pedestrians and all road users upon project completion. A copy of construction plans, contracts, specifications and all related reference materials (such as The Greenbook) are available for public review at the City's Public Works Agency, Central Files office located in City Hall. Public Outreach and Contractor Participation Staff conducted community outreach efforts to the Willard Neighborhood Association as required by the environmental review process. A 30-day public comment period of the project scope commenced on September 4, 2024 and concluded on October 4, 2024. The environmental documentation detailing the scope of the project was sent to all neighboring property owners within a 500-foot radius of the project site. All comments received related to the issues regarding the environmental study are included in the final Mitigated Negative Declaration (MND) package for final consideration and Santa Ana City Council approval. To provide an opportunity for local vendors to submit bids, the City notified a total of 82 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of five bids were received. No bids were received from Santa Ana contractors. 10th Street and Flower Street Improvements October 15, 2024 Page 3 As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on July 4, 2024. The project was also advertised in PlanetBids from June 25, 2024 to July 30, 2024. Bids were received electronically via PlanetBids on July 30, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summary Rank Bidder's Name Location Base Bid 1 Vido Samarzich, Inc. Rancho Cucamonga, CA $1,476,719 2 Hardy & Harper, Inc. Lake Forest, CA $1,500,000 3 Excel Paving Co. Long Beach, CA $1,684,834 4 MBC Enterprises, Inc. Westminster, CA $1,770,234 5 Axiom Group Los Angeles, CA $1,804,174 A total of five bids were received and all were deemed responsive. Vido Samarzich, Inc. submitted the lowest responsive base bid in the amount of $1,476,719 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Vido Samarzich, Inc. (Exhibit 3). Vido Samarzich, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Glenwood Street Water Main Replacement and Portland Concrete Cement (PCC) Street project. A reference check was made internally with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor's work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,845,898. Project Item Total Construction Contract Bid Amount $1,476,719 Construction Administration $118,137 Inspection $73,836 Testing $29,534 10th Street and Flower Street Improvements October 15, 2024 Page 4 Project Item Total Project Contingencies $147,672 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,845,898 ENVIRONMENTAL IMPACT On September 4, 2024, the City of Santa Ana issued a Draft Initial Study and Mitigated Negative Declaration for the 10th and Flower Street Park Project. This includes the scope of work for the 10th and Flower Street Improvements project, confirming that no significant environmental impacts were identified in the study. A Notice of Intent to adopt a Negative Declaration has been filed with the Orange County Clerk, initiating a 30-day public review and comment period. After commencement of the public review and comment period on October 4, 2024, a Final Initial Study and Mitigated Negative Declaration (Exhibit 5) has been completed which includes any comments and changes to the initial study. Following City Council approval of the Mitigated Negative Declaration, staff will record the Notice of Determination for the 10th and Flower Street Improvements project in accordance with the California Environmental Quality Act (CEQA). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,845,898. Funding was presented to City Council on October 1, 2024 as part of the citywide carry forward process, and all funds are available for expenditure in Fiscal Year 2024-25 (Exhibit 6). Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-26. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional contingency if necessary. Fiscal Accounting Unit Fund Accounting Unit, Year — Account No. Description Account Description Amount Project No. Current Budget 18117013-66220 American ARPA — PWA, 2024-25 (22-1342) Rescue Plan Improvements Other $1,845,898 Act ARPA than Building Total $1,845,898 EXHIBIT(S) 1 2 3 4 Location Map & Concept Drawing Bid Proposal Construction Contract Cost Analysis 10th Street and Flower Street Improvements October 15, 2024 Page 5 5. Environmental Final Study and Mitigated Negative Declaration 6. Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 w O !- a � Q cn w wHQ M z Q LOCATION MAPQ Co RAVC� SANTA ANA 2 P�i Project No. 22-1342: o � 10t" Street and Flower Street Improvements PUBLIC WORKS AGENCY WIA CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1342 10T11 STREET & FLOWER STREET IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Vido Samarzich, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* 284 CY $250,00 $71,000,00 2 Asphalt Concrete 105 TN $300.00 $ 31,500.00 3 Asphalt Rubber Hot Mix (ARHIVf 20 TN $400.00 $ 8,000.D0 4 PCC Street Removal 420 CY $ 125.00 $ 52,500,00 5 PCC Pavement (T=8") with (3-day) Cure and Dowels 210 CY $ 1,10o.00 $ 231,000.00 6 PCC Sidewalk (T= 4") 3,255 SF $16.00 $ 52,080,00 7 PCC Curb Ramp 840 SF $30.00 $ 25,200.00 8 PCC Curb and Gutter (Type A-2-6) 420 LF $ 70.00 $ 2g 400 00. 9 PCC Curb and Gutter (Type A-2-8) 315 LF $ 70.00 $22,050,00 10 Driveway Approach (T=8") 1,155 SF $34.00 $34,650.00 l I Remove Parking Meter 10 EA $ 200.00 $2,000.00 12 Metal Bollard 2 EA $3,500.00 $7,000.00 13 Parkway Culvert (L=4') 2 EA $10,000.00 $20,000.00 14 Truncated Domes 2 7 SF $100.00 $200.00 P-1 of P-24 ADDENDUM NO, 1 CITY OF SANTA ANA PROJECT NO.22-1342 PROPOSAL PROJECT NO.: 22-1342 1 OTa STREET & FLOWER STREET IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 Tree Removal 6 EA $1,000.00 $6,000,00 16 Adjust Water Valve Frame and Cover 6 EA$1,000.00 $ 6,000.D0 17 Adjust Water Vault to Finished Grade 1 EA $ 2,500.00 S 2.500.00 18 Abandon Existing Water Service 3 EA S 2,500.00 $ 7.500.00 19 Adjust #6 Pullbox to Finished Grade 3 EA $1,000.00 $ 3,000.00 20 Sidewalk PVC Drain 5 EA $1,500.00 S7,500.00 21 Gravel Swale I LS $ 67,500.00 S 67,500.00 22 Irrigation/Landscape Modifications 1 LS S 15,000,00 S 15,000.00 23 Soil Backfill* 320 Cy $75.00 $ 24,000.00 74 Pedestrian Hybrid Beacon Installation at Flower St and 10th St I LS $ 230,500.00 $ 230.500.00 25 Install Video Detection System 1 EA $40,500,00 $ 40,500.00 26 Install 2" PVC Conduit 75 LF $ 87.00 $6,525.00 27 Install 3" PVC Conduit* 2600 -BBB- LF $ 98.00 $ 254,800.00 28 Install 4" PVC Conduit* 300 LF $173.00 $ 51,900.00 29 SCE Pull Box I EA $ 2,530,00 $ 2,530,00 30 No. 5 Pull Box I EA $2,130.00 $ 2,130.00 31 No. 6 Pull Box 13 +2 EA $2,530.00 $ 32,890.00 32 No. 6E Pull Box 5 EA $ 3,000.00 $ 15,000.00 33 Install 12 Strand SMFO Cable 300 6- LF $4.00 $1,200.00 34 Install 96 Strand SMFO Cable* 3200 LF $5.40 S 17,280.00 P-2 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1342 IOTu STREET & FLOWER STREET IMPROVEMENTS Item Description Qty Unit Unit Price Amount 35 Fusion Splice Strands of SMFO 96 EA $ 64.00 $ 6,144.00 36 Fiber Optic Splice Enclosure 2 EA $1,61o.00 $ 220 00 37 CCTV and IP Communication System 1 LS $48,100.00 $48 €00.00 38 Pothole Pole Locations for Utility Conflicts 4 EA $2,130.00 $8,520.00 39 Signing and Striping 1 LS $20,000.00 $ 20,000.00 40 Construction Permit 1 LS $ 7,400.00 $ 7,400.00 41 Project Sign 1 EA $ 2,500,00 $ 2,500.00 P-3 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1342 10'-H STREET & FLOWER STREET IMPROVEMENTS TOTAL BASE BID S 1,476,719.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Itern per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Sixty (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,770 per calendar day. Name of Firm Vido Samarzich, Inc. Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and nanhes of President, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samarzich, Inc President: Vido Samarzich Vice President: Vida L. Samarzich Secretary: Monika Samarzich P-4 of P-24 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1342 IO"r' STREET AND FLOWER STREET IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 15' day of October, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Vido Samarzich, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the 10" Street and Flower Street Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid .Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Four Hundred Seventy -Six Thousand Seven Hundred Nineteen Dollars and No Cents ($1,476,719.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "B". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev.08/ov2023 Page 1 of 14 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BI.D PROPOSAL (Exhibit `B") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: santa-ana.org/documents/community-workforce-agreement 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation .Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (1) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 14 The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL .PROVISIONS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit "A" and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in tis Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. Page 3 of 14 ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVAL.HO City Attorney By: 1;9fe Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil laba N d b i I C ✓ a b a Date: 2024.09.30 09:52:44 -07'00' NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO N"EZ City Manager CONTRACTOR: Vido Samarzich, Inc. I /It /1' NAME: Vid L. Samarzich TITLE: Vice President Page 4 of 14 EXHIBIT A FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit «A„ 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix 11 to Part 200 (Appendix II to Pail 200 (B): Remedies for Breach• Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix I1 to Part 200 (C) — Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments Page 5 of 14 under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not Page 6 of 14 demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix Il to Part 200 (D) — Davis -Bacon Act:.Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix H to Part 200 (D) — Copeland "Antti-Kickback" Act:.Not applicable to this Construction Contract since it is funded by CSLF.RF. (e) Appendix II to Part 200 Q — Contract Work Hours and Safety Standards Act: (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ill) of this section. Page 7 of 14 (iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix 1:1 to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement Not applicable to this Construction Contract. (g) Appendix LI to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act (1) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix H to Part 200 (H) — Debarment and Suspension: (1) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors pertbrming work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. Page 8 of 14 (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used .Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certifications) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment "I" and incorporated herein by this reference. 0) Appendix II to Part 200 (J) — V00.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www. epa. gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix It to Part 200 (K) — MUM Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Page 9 of 14 Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — M0.322 Domestic Preferences for Procurement: (i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: Page 10 of 14 (1) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (ill) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vi1) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Comaliance with Federal Statutes and Regulations Prohibiting Discrimination CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VI.II of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (Ili) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title 11 of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Page 1 1 of 14 (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers (1) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving_ Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: Page 12 of 14 (1) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regul ations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title V.I of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with 'Title VI of the C..'ivil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of,' or otherwise discriminating against a person on the basis of.race, color, or national origin (42 U.S.C. ,¢ 2000d et sect.), as implemented by Department of the Treasuryy "Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal _ financial assistance, 42 U. S. C. § 2000d et seq., as irrrplemented by Department of the Treasury Title VI regulations, 31 C,'FR Part 22, which are herein incorporated by reference and made apart of'this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial Page 13 of 14 assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Page 14 of 14 CITY OFSANTA ANA EXHIBIT B PROPOSAL PROJECT NO.: 22-1342 LOTH STREET & FLOWER STREET IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Vido Samarzich, Iric. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or liunp surn(s) set forth u1 the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation' 284 CY $ 250.00 $ 71,000.00 2 Asphalt Concrete 105 TN $300.00 $ 31,500,00 3 Asphalt Rubber Hot Mix (ARHM) 20 TN $400.00 $ 8,Q00.00 4 PCC Street Removal 420 CY $ 125.00 $ 52,500,00 5 PCC Pavement (T=V) with (3-day) Cure and Dowels 210 CI' $1,100.00 $231,000A0 6 PCC Sidewalk (T= 4") 3,255 SF $16.00 $ 52,080,00 7 PCC Curb Ramp 840 SF $30.00 $ 25,200.00 8 PCC Curb and Gutter (Type A-2-6) 420 LF $ 70.00 $ 29,400.00 9 PCC Curb and Gutter (Type A-2-8) 315 LF $ 70.00 $22,050.00 10 Driveway Approach (T=8") 1,155 SF $30.00 $34,650.00 11 Remove Parking Meter 10 EA $ 2Q0 00 $2,000.00 12 Metal Bollard 2 EA $3,500.00 $7,000.00 13 Parkway Culvert (L=4') 2 EA $10,000.00 $20,000.00 14 Truncated Dornes 2 SF $1o0.0o $200.00 P-.I of P-24 DDEA CITY OF SANTA ANA f�SJECT ��rar�2 -13 .) 02) PROPOSAL PROJECT NO.: 22-1342 10T11 STREET & FLOWER STREET IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 Tree Removal 6 EA $1,000.00 $6,000.00 16 Adjust Water Valve Frame and Cover 6 EA 1,000.00 $ 6,000.00 17 Adjust Water Vault to Finished Grade I EA $ 2,500.00 $ 2,500.00 18 Abandon Existing Water Service 3 EA $2,500.00 $ 7,500.00 19 Adjust #6 Pullbox to Finished Grade 3 EA $1,000.00 $ 3,000.00 20 Sidewalk PVC Drain EA $1,500.00 $7,500.00 21 Gravel Swale 1 LS $ 67,500.00 $ 67,500.00 22 Irrigation/Landscape Modifications 1 LS $15,000.00 $ 15,000.00 23 Soil Backfill* 320 Cy $75.00 $ 24,000.00 24 Pedestrian Hybrid Beacon Installation at Flower St and 10`i' St 1 LS $ 230,500.00 $ 230,500.00 25 Install Video Detection System I EA '40,500.OG $ 40,500.00 26 Install 2" PVC Conduit 75 LF $ 87.00 $6,525.00 27 Install 3" PVC Conduit* 415w- LF $ 98.00 $ 254,800.00 28 Install 4" PVC Conduit* 300 LF $173.00 $ 51,900.00 29 SCE Pull Box I EA $ 2,530.00 $ 2,530.00 30 No. 5 Pull Box 1 EA $2,130.00 $ 2,130.00 31 No. 6 Pull Box 1= +-2- EA $2,530.00 $ 32,890.00 32 No. 6E Pull Box 5 EA $ 3,000.00 $ 15,000.00 33 Install 12 Strand SMFO Cable 1W LF $4.00 $1,200.00 34 Install 96 Strand SMFO Cable* 3200 LF $5.40 $ 17,280.00 P-2 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1342 IOTH STREET & FLOWER STREET IMPROVEMENTS Item Description Qty Unit Unit Price Amount 35 Fusion Splice Strands of SMFO 96 EA $ 64.00 $ 6,144.00 36 Fiber Optic Splice Enclosure 2 EA $1,610,00 $3,220.00 37 CCTV and IP Cornraunication System 1 LS $48,100,00 $4.8,100.00 38 Pothole Pole Locations for Utility Conflicts* 4 EA 2 130.00 $ 8,520.00 39 Signing and Striping 1 LS $20,000,00 $ 20,000.00 40 Construction Permit 1 LS $ 7,400.00 $ 7,400.00 41 Project Sign 1 EA $ 2,500.00 $ 2,500.00 P-3 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1342 10"" STREET & FLOWER STREET IMPROVEMENTS . TOTAI, BASE BID I $ 1,476,719.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Sixty ' l working, days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of tile Standard Specifications, shall be $3,770 per calendar day. Name of Finn Signature of BI1 Title President (If an individual, so state. If a firm or co -partnership, state the fine name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samarzich, Inc President: Vido Samarzich Vice President: Vido L. Samarzich Secretary: Monika Samarzich 11-4 of P-24 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1342: 10th Street and Flower Street Improvements Construction Contract $ 1,476,719.00 Contract Administration, Inspection and Testing $ 221,507.00 Contingencies $ 147,672.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,845,898.00 FINAL Initial Study and Mitigated Negative Declaration 10th and Flower Street Park Project Santa Ana, California Lead Agency: City of Santa Ana Public Works Agency 20 Civic Center Plaza, Ross Annex, M-20 Santa Ana, CA 92701 Prepared by: ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS 2861 Pullman Street Santa Ana, CA 92705 October 2024 THIS PAGE INTENTIONALLY LEFT BLANK Final Initial Studv and Mitiaated Neaative Declaration TABLE OF CONTENTS TABLEOF CONTENTS........................................................................................................................................................1 LISTOF TABLES...................................................................................................................................................................2 LISTOF APPENDICES.........................................................................................................................................................2 FINAL MITIGATED NEGATIVE DECLARATION...............................................................................................................1 Mitigation Measures Incorporated into the Project to Avoid Significant Effects: .................................. 1 1.0 INTRODUCTION...............................................................................................................................................1-1 2.0 PROJECT OVERVIEW.......................................................................................................................................2-1 2.1 Project Background..........................................................................................................................2-1 2.2 Project Characteristics.....................................................................................................................2-1 2.2.1 Project Components.........................................................................................................2-1 2.2.2 Demolition of Two Single -Family Residences.............................................................2-2 2.2.3 Zone Change......................................................................................................................2-2 2.2.4 Parking and Access...........................................................................................................2-2 2.2.5 Site Drainage......................................................................................................................2-2 2.2.6 Excavation and Grading...................................................................................................2-2 2.2.7 Security Features and Lighting.......................................................................................2-2 2.3 Project Funding.................................................................................................................................2-3 2.3.1 Land and Water Conservation Fund..............................................................................2-3 2.3.2 American Rescue Plan Act Funds...................................................................................2-3 2.4 Project Timing...................................................................................................................................2-3 3.0 COMMENTS AND RESPONSES.....................................................................................................................3-1 4.0 CLARIFICATIONS TO THE DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION...............4-1 4.1 Introduction.......................................................................................................................................4-1 4.2 Clarifications......................................................................................................................................4-1 4.2.1 Project Timing....................................................................................................................4-1 4.2.2 Tribal Cultural Resources.................................................................................................4-1 5.0 MITIGATION MONITORING AND REPORTING PLAN..............................................................................5-1 5.1 Introduction....................................................................................................................................... 5-1 5.2 Purpose of the Mitigation Monitoring and Reporting Plan....................................................5-1 5.3 Roles and Responsibilities..............................................................................................................5-1 5.4 Mitigation Monitoring and Reporting Plan................................................................................5-1 AppendixA........................................................................................................................................................................23 Table of Contents i October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration LIST OF TABLES Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan .........................5-3 LIST OF APPENDICES Appendix A — Draft Initial Study/Mitigated Negative Declaration Table of Contents ii October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration THIS PAGE INTENTIONALLY LEFT BLANK Table of Contents iii October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration FINAL MITIGATED NEGATIVE DECLARATION Lead Agency: City of Santa Ana Public Works Agency Project Proponent: City of Santa Ana Public Works Agency Project Location: The Project is located at the southeast corner of 10th Street and Flower Street, just north of Civic Center Boulevard in the City of Santa Ana. Project Description: The Proposed Project entailsthe construction ofa new approximately 1.4- acre neighborhood park located at the southeast corner of 10th Street and Flower Street, just north of Civic Center Boulevard. The intent of this park is to provide the local communitywith accessto open space, exercise, and recreation facilities. The Project components included within the park concept plan consist of a basketball court, skate park, playground area with rubberized playsurface, an exercise area, canvas shade structures, turf play areas, new site lighting, water wise landscaping with shade trees, automated irrigation system, site furnishings including benches, bike racks, trash receptacles, drinking fountain and picnic tables, and a park monument sign. This park would be a walk-up, pedestrian park without a vehicle parking lot and would primarily serve the local neighborhood. No restrooms or staff would be present. The Project also includes a zone change from Professional (P) to Open Space (0). Mitigation Measures Incorporated into the Project to Avoid Significant Effects: Biological Resources B10-1: Pre -Construction Nesting Bird Survey. If ground disturbing Project activities, tree trimming, ortree removal are scheduled to occur during the nesting bird season (February 1 — August 30), a qualified biologist shall conduct a pre -construction nesting bird survey to ensure that active bird nests will not be disturbed or destroyed. The survey shall be completed no more than 3 working days prior to initial ground disturbance. The nesting bird survey shall include the Project Site and adjacent areas where project activities have the potential to affect active nests, either directly or indirectly due to construction activity, noise, or vibrations. If an active nest is identified, a qualified biologist shall establish an appropriate disturbance limit buffer around the nest using flagging or staking. Construction activities shall not occur within any disturbance limit buffer zones until the nest is deemed inactive by the qualified biologist. Final Mitigated Negative Declaration 1 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Cultural Resources CUL-1: Contractor Awareness Training Program. The City of Santa Ana shall ensure that a Contractor Awareness Training Program about cultural resources is delivered to train equipment operators. The program shall be designed to inform construction personnel about: federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the City of any occurrences; project -specific requirements and mitigation measures; and enforcement of penalties and repercussions for non-compliance with the program. The training shall be prepared by a qualified professional archaeologist and may be provided eitherthrough a brochure, video, or in -person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground -disturbing equipment. All personnel shall be required to sign a training roster. The construction manager is responsible for ensuring that all required personnel receive the training. The Construction Manager shall provide a copy of the signed training roster to the City as proof of compliance. CUL-2: Unanticipated discoveries. If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no -work radius as appropriate, using professionaljudgment. The following notifications shall apply, depending on the nature of the find: ■ If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required. ■ If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the City. The City shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no -work radius until the City, through consultation as appropriate, determines that the site either: 1) is not Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed to their satisfaction. ■ If the find includes human remains, or remains that are potentially human, they shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641). The archaeologist shall notify the Orange County Coroner (per Section 7050.5 of the Health and Safety Code). The provisions of Section 7050.5 Final Mitigated Negative Declaration 2 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MILD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MILD, the NAHC can mediate (Section 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Geology and Soils GEO-1: Unanticipated Discovery of Paleontological Resources. If paleontological resources are discovered during construction, all work must halt within a 100-foot radius of the discovery and a qualified paleontologist will be retained to evaluate the find. The paleontologist shall notify the lead agency if the find is significant. The paleontologist shall evaluate the significance of the find and shall have the authority to modify the no -work radius as appropriate, using professional judgment. The qualified paleontologist will evaluate the significance of the find and recommend appropriate measures forthe disposition of the find (e.g., fossil recovery, curation, data recovery, and/or monitoring). Construction activities may continue on other parts of the construction site while evaluation and treatment of the paleontological resource takes place. Noise N0I-1: Hours of Construction. Project construction shall be limited to the City standard exempted hours of 7:00 a.m. through 5:00 p.m., Monday through Friday. All Project construction is prohibited on Sundays. Tribal Cultural Resources TCR-1: Monitoring Agreement. Prior to the commencement of ground disturbing activities, the City shall extend the offer to enter into a tribal monitoring agreement with the Gabrieleno Band of Mission Indians— Kizh Nation, GabrielinoTongva Indians of California, and Juaneno Band of Mission Indians, Acjachemen Nation. The offer to execute a monitor agreement shall be made at least 30 days prior to the commencement ofany "ground -disturbing activity' for the subject project at all project locations (i.e., both on -site and any off -site locations that Final Mitigated Negative Declaration 3 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration TCR-2: are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground -disturbing activity' shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. ■ For the purpose of compliance with this measure, the City shall accept any of the following circumstancesto be compliant with this measure: a) that tribes entering into agreements with the City rotate the monitoring duties among them; b) that only one tribe enters into an agreement with the City to monitor exclusively; or c) that all three tribes enter into agreements with the City and each provide full-time monitors. In the unlikely event that no tribes are willing to enter into a tribal monitoring agreement with the City, then work can proceed without a tribal monitor provided that an archaeological monitor is present and that the offer to all three tribes was extended and documented. — In the event that one or more Tribe chooses not to enter into an agreement or fails to respond to the offer, the City shall allow construction to proceed without the Native American monitor(s) as long as the offer was extended and documented. ■ The monitors will complete daily monitoring logs that will provide descriptions of the relevant 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 culturally affiliated Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon completion of the Project. ■ On -site tribal monitoring shall conclude upon the latter of the following: — Written confirmation to consulting culturally affiliated Tribe from a designated point of contact forthe project applicant/lead agencythat all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or — A determination and written notification by the culturally affiliated Tribe to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact culturally affiliated Tribal TCRs. Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non- Ceremonial). 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 approved culturally affiliated Tribal monitor and/or archaeologist. The culturally affiliated Tribe will recover and retain all discovered TCRs in the form and/or manner all consulting culturally affiliated Tribes deems Final Mitigated Negative Declaration 4 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration appropriate, and for any purpose the consulting culturally affiliated Tribes deem appropriate, including for educational, cultural and/or historic purposes. TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects. If human remains or funerary objects are encountered during any activities associated with the Project: ■ Work in the immediate vicinity (i.e., not less than the surrounding 100 feet) shall cease and the Orange CountyCoroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code shall be enforced forth eduration of the Project. Inadvertent discoveries of human remains and/or funerary object(s) are subject to California State Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries shall be decided by the Most Likely Descendant (MLD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin. ■ The designated MILD will have48 hoursfrom the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must reburythe remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). ■ Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Final Mitigated Negative Declaration 5 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration THIS PAGE INTENTIONALLY LEFT BLANK Final Mitigated Negative Declaration 6 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration 1.0 INTRODUCTION This document is the Final Initial Study/Mitigated Negative Declaration (IS/MND), including the Responses to Comments and the Mitigation Monitoring and Reporting Plan (MMRP), for the 10th and Flower Street Park Project (Proposed Project). It has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resource Code Section 21000 et. seq.) and the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.), as amended. This Final IS/MND document supplements the Draft IS/MND released for public review on September 4, 2024. The City of Santa Ana (City) is the Lead Agency for the proposed Project. On September 4, 2024 the City distributed the Draft IS/MND for the Proposed Project to public agencies and the general public for review and comment. In accordance with the State CEQA Guidelines, the IS/MND was circulated for a 30- day review period, which is in excess of CEQA's required 30-day review period. The review period concluded on October 4, 2024. This Final IS/MND and MMRP document is organized as follows: Section 1.0 provides a discussion of the purpose of the document and discusses the structure of the document; Section 2.0 contains a summary of the Project description; Section 3.0 includes the comment letters received and responses to these comments; Section 4.0 includes corrections and clarifications made to the Draft IS/MND in response to comments and a discussion regarding why these changes do not require recirculation for the Draft IS/MND; and Section 5.0 contains the Mitigation Monitoring and Reporting Plan (MMRP). This Final IS/MND and MMRP document and the Draft IS/MND (Appendix A) together constitute the environmental document record for the Proposed Project. Introduction 1-1 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration THIS PAGE INTENTIONALLY LEFT BLANK Introduction 1-2 October 2024 10th and Flower Street Park Project 2023-145 2.0 PROJECT OVERVIEW 2.1 Project Background In May 2022, the Santa Ana City Council adopted a Parks Master Plan that provides goals to develop parkland within a 10-minute walk for all residents, and three acres of parkland per 1,000 residents citywide. The proposed 10th and Flower Park is intended to create a recreational amenity in a "park gap" area, serve four adjacent neighborhoods, and create a new park that was identified in the Parks Master Plan. 2.2 Project Characteristics 2.2.1 Project Components The Proposed Project entails the construction of a new 1.4-acre neighborhood park located at the southeast corner of 10th Street and Flower Street, just north of Civic Center Boulevard. The intent of this park is to provide the local community with access to open space, exercise, and recreation facilities. Based on input from the local community, the Project would include the following: A playground area, with rubberized play surface Fitness area Basketball court Skate park Canvas shade structures (20 feet high) Turf play area, site lighting with new electrical service Water wise landscaping with shade trees Automated irrigation system with new water service Site furnishings including benches, bike racks, trash receptacles, drinking fountain, and picnic tables Park monument sign Perimeter right-of-way (ROW) improvements, including sidewalks and landscaping Hybrid crosswalk beacon across Flower Street Underground bioretention facilities Project Overview 2-1 October 2024 10th and Flower Street Park Project 2020-089 2.2.2 Demolition of Two Single -Family Residences Two existing single-family residences are present on the Project Site; these buildings would be demolished as part of the Project. 2.2.3 Zone Change The Project would require a zone change from Professional (P) to Open Space (0). 2.2.4 Parking and Access This park would be a walk-up, pedestrian parkwithout a vehicle parking lot that would primarily serve the local neighborhood. Pedestrian access would be provided from existing and proposed sidewalks along 101h Street and Flower Street. No restrooms would be available. The Project includes closure of 10th Street at the Project boundarywest to Flower Street and construction of a cul-de-sac.The cul-de-sac would include a 35-foot turn radius. The Project also includes demolition of Garnsey Street; this area would be included in the park design. 2.2.5 Site Drainage The Project includes approximately 20,500 square -feet (SF) of irrigated landscape and approximately 30,700 SF of non -irrigated surfaces like concrete sidewalks and rubber surfacing. For drainage facilities, a storm drain system connected to catch basins would collect all water from the Project Site and direct it to natural bioswales located along the western and southern Project boundaries for infiltration into the ground. Additional storm quality controls include capturing water from Flower Street and treating the 851h percentile storm event. To address the existing flooding along Flower Street, an underground bio- retention storage facility would be installed underneath the proposed basketball court to store approximately 54,800 cubic feet of water for infiltration. This approach is designed to alleviate some of the flood concerns along Flower Street. 2.2.6 Excavation and Grading The maximum depth of disturbance would be approximately 13 feet. Site grading would mainly be balanced, however there would be an export for the excavation of the water treatment facilities. The approximate export would be 5,500 cubic yards. This soil would be disposed of at nearby landfills including the Frank R. Bowerman Landfill in Irvine, Olinda Alpha Landfill in Brea, and Prima Deshecha Landfill in San Juan Capistrano. 2.2.7 Security Features and Lighting Hours of operation for the 101h and Flower Street Park would be 6:00 a.m. to 10:00 p.m. daily. A security guard would be posted on rotation and available on -call. The park boundary would include fencing along Flower Street. The skate park would be gated and enclosed with fencing on all sides. The park would provide security lighting located along walkways and Project Overview 2-2 October 2024 10th and Flower Street Park Project 2020-089 pathways and within the playgrounds/natural playa reas for children. The proposed down -shield lighting would be timer controlled and remain on through the evening and automatically shut off during the day. 2.3 Project Funding 2.3.1 Land and Water Conservation Fund The Proposed Project will be partially funded by the Land and Water Conservation Fund (LWCF) grant from the National Parks Service (NPS). This grant will coverthe southern half of the park site including the basketball court, skate park, fitness zone, playground, and picnic areas. 2.3.2 American Rescue Plan Act Funds The Proposed Projectwill be partiallyfunded by American Rescue Plan Act (ARPA) funds. These funds will cover the northern half of the park site including the 10th Street cul-de-sac, picnic areas, and hybrid crosswalk beacon. 2.4 Project Timing The Project would be constructed in two phases. Project construction is anticipated to begin in Spring 2025 and occurthrough Spring 2026. Phase 1 would include closure of 101h Street and construction of the cul-de-sac, crosswalk, and site preparation for the northern picnic area. Phase 2 would demolish the existing single-family residences and construct the remaining park amenities including the basketball court, skate park, playground, fitness area, picnic areas, turf, and bioswales. This phase also includes construction of the underground bio-retention facilities. Project Overview 2-3 October 2024 10th and Flower Street Park Project 2020-089 Final Initial Studv and Mitiaated Neaative Declaration 3.0 COMMENTS AND RESPONSES The 30-day public review period began on September 4, 2024 and ended on October 4, 2024. In conformance with Section 15088(a) of the State CEQA Guidelines, the City is required to consider comments received during the public review period. No comment letters were received. Comments and Responses 3-1 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration 4.0 CLARIFICATIONS TO THE DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 4.1 Introduction As a result of comments received on the proposed Project, clarifications have been made to the Draft IS/MND text, which include: 1. Minor changes to Project Timing. 2. Minor changes to Section 4.18 Tribal Cultural Resources. According to Section 15073.5 of the CEQA Guidelines, "a substantial revision shall mean: (1) A new, avoidable significant effect is identified, and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required." The clarifications are provided below along with substantiation as to why the change does not constitute a "substantial revision" pursuantto Section 15073.5. Changes in text are identified by st��t where text is removed and by underline where text is added. 4.2 Clarifications 4.2.1 Project Timing Addition of language to clarify the Project construction timeline. This clarification does not constitute a substantial revision because the clarifications do not identify a new avoidable significant effect or require a new mitigation measure. 4.2.1.1 Page 2-6 of the Draft IS/MND: The Project would be constructed in two phases. Project construction is anticipated to begin in Fall U Spring 2025 and occur through Fall 2XS Spring 2026. Phase 1 would include closure of 101" Street and construction of the cul-de-sac, crosswalk, and site preparation forthe northern picnic area. Phase 2 would demolish the existing single-family residences and construct the remaining park amenities including the basketball court, skate park, playground, fitness area, picnic areas, turf, and bioswales. This phase also includes construction of the underground bio-retention facilities. 4.2.2 Tribal Cultural Resources Addition of language to Section 4.18 Tribal Cultural Resources. This change was made to clarify the scope of tribal consultation under AB 52 and SIB 18. This clarification does not constitute a substantial revision Clarifications to the Draft IS/MND 4-1 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration because the clarifications do not identify a new avoidable significant effect or require a new mitigation measure. 4.2.2.7 Page 4-84 of the Draft IS/MND: The Gabrieleno Band of Mission Indians— Kizh Nation (Tribe) requested consultation in an email dated July 3, 2024. The City contacted the tribal office by email on July 8, 2024, and suggested several possible times to meet. The Tribe offered to perform consultation via email, to which the City agreed. The Tribe provided historical tribal information to the City via email on July 31, 2024. The Tribe stated that there was a potential to encountertribal cultural resources (TCRs) such as artifacts during construction because of the Project's location in the Santa Ana TCR landscape. The Tribe provided three mitigation measures including tribal monitoring, treatment of non-ceremonial/non funerary objects, and treatment of human remains and associated funerary or ceremonial objects. The City revised the mitigation and provided the edits to the Tribe on August 15, 2024. The City concluded cens ilt-a+inn nn 4i g st 21 2024 On September 5, 2024, the Kizh Nation provided a letter to the City via email. In this letter, the Kizh Nation stated theydo not believe a good faith effort was completed forthe Project, with specific concerns regarding "appropriate tribal representation, particularly concerning tribes with ancestral connections to the project location." On September 26, 2024 the City replied with an email stating that the City has been consulting with three culturally affiliated tribes on this Project using the process dictated by state laws AB 52 and SIB 18 since May 2, 2024. During this process, information from the other consulting tribes, including presence of a TCR, had been provided to the City. Based on consultation, the City has determined that tribal monitoring is necessary; however, the City cannot exclude the tribes who have provided information on TCRs and participated in consultation from monitoring. Therefore, the City did not accept the suggested edits to the mitigation measure language. The City concluded consultation on September 26, 2024. The Gabrielino Tongva Indians of California responded via email on May 29, 2024 and requested a copy of the cultural resources report. The report was provided on July 22, 2024. On August 7, 2024, the Tribe requested a monitor during all ground disturbing activities. The City provided a proposed set of mitigation measures to the Tribe on August 15, 2024. The Tribe responded on August 16, 2024 with a request for a rotating staffing schedule to be implemented during construction monitoring, which the City included as an option in the proposed mitigation measures. The City concluded consultation on August 24 September 4, 2024. On June 26, 2024, the Juaneno Band of Mission Indians Acjachemen Nation - Belardes responded via email requesting consultation and a copy of the cultural resources report. The Tribe's preliminary recommendation was for all ground disturbance to be monitored by a representative of the Tribe. The City provided the cultural resources report on August 2, 2024. The City provided a proposed set of mitigation measures to the Tribe on August 15, 2024. The City concluded consultation on Auger 21 September 4, 2024. Clarifications to the Draft IS/MND 4-2 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration 4.2.2.2 Page 4-85 of the Draft IS/MND: A cultural resources inventory for the Proposed Project was completed and includes a records search of the CHRIS at the SCCIC, a literature review, a pedestrian survey, and a Sacred Lands File (SLF) search from the NAHC. The NAHC indicated a Sacred Lands File Search was positive for the Juaneno Band of Mission IndiansAcjachemen Nation - Belardes, meaning they had a record of a sacred site in the same Public Land Surveysection (one square -mile area) the Project area. The City consulted with the Gabrieleno Band of Mission Indians-Kizh Nation, Gabrielino Tongva Indians of California, and Juaneno Band of Mission Indians Acjachemen Nation — Belardes under AB 52 and SB 18 as described above. During this process, information from the consulting tribes, including presence of TCR, has been provided to the City. Based on consultation, the City has determined that tribal monitoring is necessary and has devised mitigation measures to include monitoring from representatives of all three consulting tribes. If an archaeological resource of Native American origin and cultural significance is discovered during construction and determined to be a TCR, or human remains are discovered at the site, implementation of mitigation measures TCR-1, CUL-1, TCR-2, and TCR-3, as applicable, would reduce impacts to TCRs to a less than significant level. Clarifications to the Draft IS/MND 4-3 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration THIS PAGE INTENTIONALLY LEFT BLANK Clarifications to the Draft IS/MND 4-4 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration 5.0 MITIGATION MONITORING AND REPORTING PLAN 5.1 Introduction The IS/MND prepared for the 10th and Flower Street Park Project identified adverse impacts related to the construction activity. The IS/MND identified mitigation measures that would reduce or eliminate these impacts to below the level of significance. Section 21081.6 of the Public Resources Code and Sections 15091(d) and 15097 of the State CEQA Guidelines require public agencies to adopt a reporting and monitoring plan for changesto the Project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. A Mitigation Monitoring and Reporting Plan (MMRP) is required for the Proposed Project because the IS/MND identified potentially significant adverse impacts related to construction activity, and mitigation measures have been identified to mitigate these impacts. 5.2 Purpose of the Mitigation Monitoring and Reporting Plan This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction and operation of the Proposed Project, as required. The MMRP may be modified by the Lead Agency during project implementation, as necessary, in response to changing conditions or other project refinements. Table 5-1 has been prepared to assist the responsible parties in implementing the MMRP. This table identifies the category of environmental impact(s), individual mitigation measures, monitoring and mitigation timing, responsible person/agency for implementing the measure, and reporting method to confirm implementation of the mitigation measures. The numbering of the mitigation measures follows the numbering sequence in the IS/MND. 5.3 Roles and Responsibilities The City of Santa Ana, as Lead Agency, is responsible for oversight of compliance of the mitigation measures in the MMRP. 5.4 Mitigation Monitoring and Reporting Plan The column categories identified in the MMRP table (Table 5-1) are described below. Mitigation Measure — This column lists the mitigation measures by number. Monitoring Activity/Timing/Frequency/Schedule — This column lists the activity to be monitored for each mitigation measure, the timing of each activity, and the frequency/schedule of monitoring for each activity. Implementation Responsibility/Verification— This column identifies the entity responsible for complying with the requirements of the mitigation measure and provides space for verification initials and date. Mitigation Monitoring and Reporting Plan 5-1 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Responsibility for Oversight of Compliance/Verification — This column provides the agency responsible for oversight of the mitigation implementation and is to be dated and initialed by the agency representative based on the documentation provided by the construction contractor or through personal verification by agency staff. Outside Agency Coordination — this column lists any agencies with which the City may coordinate for implementation of the mitigation measure. Comments — This column provides space for written comments, if necessary. Mitigation Monitoring and Reporting Plan 5-2 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification Biological Resources Mitigation Measures Activity: Qualified Biologist Cityof Santa Ana CDFW BIO-1: Pre -Construction Nesting Bird Survey. If ground disturbing Project Pre -construction nesting bird activities, tree trimming, or tree removal are scheduled to occur survey. during the nesting bird season Timing: Initials (February 1 — August 30), a qualified Initials Within three days biologist shall conduct a pre - prior to the start construction nesting bird survey to of construction. ensure that active bird nests will not be disturbed or destroyed. The survey Frequency: shall be completed no more than 3 Date working days prior to initial ground One time. Date disturbance. The nesting bird survey shall include the Project Site and adjacent areas where project activities have the potential to affect active nests, either directly or indirectly due to construction activity, noise, or vibrations. If an active nest is identified, a qualified biologist shall establish an appropriate disturbance limit buffer around the nest using flagging or staking. Construction Mitigation Monitoring and Reporting Plan 5-3 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification activities shall not occur within any disturbance limit buffer zones until the nest is deemed inactive by the qualified biologist. Cultural Resources Mitigation Measures Activity: Qualified Cityof Santa Ana None. CUL-1: Contractor Awareness Training Contractor Archaeologist Program. The City of Santa Ana shall Awareness ensure that a Contractor Awareness Training Program. Training Program about cultural resources is delivered to train Timing: equipment operators. The program Initials Initials shall be designed to inform Prior to construction personnel about: federal construction. and state regulations pertaining to Frequency: cultural resources and tribal cultural As necessary resources; the subsurface indicators during of resourcesthat shall require a work Date Date stoppage; procedures for notifying construction. the City of any occurrences; project - specific requirements and mitigation measures; and enforcement of Mitigation Monitoring and Reporting Plan 5-4 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Oversight of Outside Mitigation Measure Activity/Timing/ Responsibility/ Compliance/Coordination Agency Comments Frequency Verification Verification penalties and repercussions for non- compliance with the program. The training shall be prepared by a qualified professional archaeologist and may be provided eitherthrough a brochure, video, or in -person tailgate meeting, as determined appropriate by the archaeologist. The training shall be provided to all construction supervisors, forepersons, and operators of ground -disturbing equipment. All personnel shall be required to sign a training roster. The construction manager is responsible for ensuring that all required personnel receive the training. The Construction Manager shall provide a copy of the signed training roster to the City as proof of compliance. Mitigation Monitoring and Reporting Plan 5-5 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification Activity: Qualified City of Santa Ana Orange CUL-2: Unanticipated discoveries. If Archaeological Archaeologist County subsurface deposits believed to be evaluation of Coroner cultural or human in origin are potential cultural discovered during construction, all work must halt within a 100-foot resources. Native American radius of the discovery. A qualified Timing: Heritage Initials Initials professional archaeologist, meeting During Commission the Secretary of the Interior's Professional Qualification Standards construction. Native for prehistoric and historic Frequency: American archaeology, shall be retained to As necessary Most Likely evaluate the significance of the find, Date Date and shall have the authority to modify during Descendant the no -work radius as appropriate, construction. (MLD) using professional judgment. The following notifications shall apply, depending on the nature of the find: If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately and no agency notifications are required. Mitigation Monitoring and Reporting Plan 5-6 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, the archaeologist shall immediately notify the City. The City shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined by CEQA or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no -work radius until the City, through consultation as appropriate, determines that the site either: 1) is not a Historical Resource under CEQA or a Historic Property under Section 106; or 2) that the treatment measures have been completed to their satisfaction. If the find includes human remains, or remains that are potentially human, they shall ensure reasonable Mitigation Monitoring and Reporting Plan 5-7 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification protection measures are taken to protect the discovery from disturbance (AB 2641). The archaeologist shall notify the Orange County Coroner (per Section 7050.5 of the Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American and not the result of a crime scene, the coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MILD) for the Project (Section 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of Mitigation Monitoring and Reporting Plan 5-8 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Mitigation Monitoring and Reporting Plan 5-9 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification Geology and Soils Mitigation Measures Activity: Qualified Cityof Santa Ana None. GEO-1: Unanticipated Discovery of Evaluation of Paleontologist/ Paleontological Resources. If potential Construction paleontological resources are paleontological Contractor discovered during construction, all resources by a work must halt within a 100-foot qualified radius of the discovery and a qualified paleontologist. paleontologist will be retained to evaluate the find. The paleontologist Timing: Initials Initials shall notifythe lead agency if the find is significant. The paleontologist shall During excavation activities as part of evaluate the significance of the find and shall have the authority to modify construction. Date Date the no -work radius as appropriate, using professional judgment. The Frequency: As necessary qualified paleontologist will evaluate during the significance of the find and recommend appropriate measures for construction. the disposition of the find (e.g., fossil recovery, curation, data recovery, and/or monitoring). Construction activities maycontinue on other parts of the construction site while Mitigation Monitoring and Reporting Plan 5-10 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification evaluation and treatment of the paleontological resource takes place. Mitigation Monitoring and Reporting Plan 5-11 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Agency Comments Frequency Verification Compliance/Coordination Verification Noise Mitigation Measures Activity: Construction Cityof Santa Ana None. NOI-1: Hours of Construction. Project Implementation of Contractor construction shall be limited to the noise -reducing City standard exempted hours of 7:00 a.m. through 5:00 p.m., Monday measures. through Friday. All Project Initials Initials construction is prohibited on Timing: Limited hours of Sundays. construction. Frequency: Date Date As necessary during construction. Mitigation Monitoring and Reporting Plan 5-12 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification Tribal Cultural Resources Mitigation Measures Activity: Construction City of Santa Ana Native TCR-1: Monitoring Agreement. Prior to the Retain a Tribal Contractor American commencement of ground disturbing monitor Tribes activities, the City shall extend the representing the entering into offer to enter into a tribal monitoring Gabrieleno Band agreements agreementwith the Gabrieleno Band of Mission Indians with the City of Mission Indians — Kizh Nation, Initials Initials Gabrielino Tongva Indians of — Kizh Nation, California, and Juaneno Band of ndians of Indians Mission Indians, Acjachemen Nation. California, and The offer to execute a monitor Juaneno Band of agreement shall be made at least 30 Mission Indians, days prior to the commencement of Acjachemen any "ground -disturbing activity' for Date Date Nation. the subject project at all project locations (i.e., both on -site and any Timing: off -site locations that are included in Prior to the project description/definition and/or required in connection with commencement of all ground - the project, such as public disturbing activity improvement work). "Ground- within original disturbing activity" shall include, but ground associated is not limited to, demolition, with project pavement removal, potholing, Mitigation Monitoring and Reporting Plan 5-13 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification auguring, grubbing, tree removal, construction. boring, grading, excavation, drilling, and trenching. Frequency: As needed. ■ For the purpose of compliance with this measure, the City shall accept any of the following circumstances to be compliant with this measure: a) that tribes entering into agreements with the City rotate the monitoring duties among them; b) that only one tribe enters into an agreement with the City to monitor exclusively; or c) that all three tribes enter into agreements with the City and each provide full- time monitors. In the unlikely event that no tribes are willing to enter into a tribal monitoring agreement with the City, then work can Mitigation Monitoring and Reporting Plan 5-14 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification proceed without a tribal monitor provided that an archaeological monitor is present and that the offer to all three tribes was extended and documented. — In the event that one or more Tribe chooses not to enter into an agreement or fails to respond to the offer, the City shall allow construction to proceed without the Native American monitor(s) as long as the offer was extended and documented. ■ The monitors will complete daily monitoring logs that will provide descriptions of the relevant ground - disturbing activities, the type of construction activities Mitigation Monitoring and Reporting Plan 5-15 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification performed, locations of ground- disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the culturally affiliated Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon completion of the Project. Mitigation Monitoring and Reporting Plan 5-16 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification ■ On -site tribal monitoring shall conclude upon the latter of the following: — Written confirmation to consulting culturally affiliated Tribe from a designated point of contact for the project applicant/lead agency that all ground - disturbing activities and phasesthat may involve ground -disturbing activities on the project site or in connection with the project are complete; or — A determination and written notification by the culturally affiliated Tribe to the project applicant/lead agency that no future, planned construction activity Mitigation Monitoring and Reporting Plan 5-17 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification and/or development/constructi on phase at the project site possesses the potential to impact culturally affiliated Tribal TC Rs. Activity: Qualified City of Santa Ana Orange TCR-2: Unanticipated Discovery of Tribal Evaluation of Archaeologist County Cultural Resource Objects (Non - potential tribal Coroner Funerary/Non-Ceremonial). Upon cultural resources. discovery of anyTCRs, all construction Native activities in the immediate vicinity of Timing: American the discovery shall cease (i.e., not less Initials Initials than the surrounding 50 feet) and During Heritage shall not resume until the discovered construction. Commission TCR has been fully assessed by the Frequency: Culturally approved culturally affiliated Tribal As necessary Affiliated Tribe monitor and/or archaeologist. The during culturally affiliated Tribe will recover Date Date and retain all discovered TCRs in the construction. form and/or manner all consulting culturally affiliated Tribes deems appropriate, and for any purpose the Mitigation Monitoring and Reporting Plan 5-18 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification consulting culturally affiliated Tribes deem appropriate, including for educational, cultural and/or historic purposes. Activity: Qualified City of Santa Ana Orange TCR-3: Unanticipated Discovery of Human Evaluation of Archaeologist County Remains and Associated Funerary potential tribal Coroner or Ceremonial Objects. If human cultural resources. remains or funerary objects are Native encountered during any activities Timing: American associated with the Project: Initials Initials During Heritage ■ Work in the immediate construction. Commission vicinity (i.e., not less than the surrounding 100 feet) shall Frequency: Most Likely cease and the Orange As necessary Descendant County Coroner shall be during contacted pursuant to State construction. Date Date Health and Safety Code §7050.5 and that code shall be enforced for the duration of the Project. Inadvertent discoveries of human remains and/or funerary object(s) are subject to Mitigation Monitoring and Reporting Plan 5-19 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification California State Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries shall be decided by the Most Likely Descendant (MILD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin. ■ The designated MILD will have48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MILD, the NAHC can mediate (§ 5097.94 of the PRC). If no Mitigation Monitoring and Reporting Plan 5-20 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration Table 5-1. 10th and Flower Street Park Project Mitigation Monitoring and Reporting Plan Monitoring Implementation Responsibility for Outside Mitigation Measure Activity/Timing/ Responsibility/ Oversight of Compliance/Coordination Agency Comments Frequency Verification Verification agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located (AB 2641). ■ Work may not resume within the no -work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction. Mitigation Monitoring and Reporting Plan 5-21 October 2024 10th and Flower Street Park Project 2023-145 Final Initial Studv and Mitiaated Neaative Declaration THIS PAGE INTENTIONALLY LEFT BLANK Mitigation Monitoring and Reporting Plan 5-22 October 2024 10th and Flower Street Park Project 2023-145 APPENDIX A Draft Initial Study/Mitigated Negative Declaration PROJECT TITLE: 10th Street & Flower Street Improvements PROJECT CATEGORY: Street Improvements Traffic Improvements LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The southwest corner of Flower Street and 10th Street, currently an empty lot owned by the City, is designated for the construction of a new park by the PWA Parks Services Division. This park prioritizes serving the local neighborhood, and may include amenities such as a fitness area, basketball court, playground area, and skate park. To ensure a safe and accessible intersection for the park, additional street safety enhancements are necessary to support the planned improvements PROJECT NEED: The PHB will enable pedestrians to safely cross Flower Street at 10th Street, while the cul-de-sac will prevent westbound through vehicular traffic on 10th Street. This project meets the intent of the funding source by enhancing traffic safety for pedestrians and all road users Iupon project completion. PROJECT COSTS FY 24125 FY 25/26 FY 26/27 FY 27128 FY 28/29 FY 29/30 FY 30131 Construction 1,698,226 - - - - - - Contingency 147,672 - TOTAL 1,845,898 - - SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30131 ARPA Funds 1,845,898 - - - - - - TOTAL 1,845,898 - DIVISION: CIP Engineering CONTACT: Gilbert Castillo, Senior Engineer DATE: 24-Sep-2024