Newport Beach City Council
April 15, 2025

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA

APRIL 15, 2025
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660

REGULAR MEETING – 4:00 P.M.

CLOSED SESSION – FOLLOWS MOTION FOR CONSIDERATION

JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tem
MICHELLE BARTO, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember

GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk

NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.

LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record.

PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given.

This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas.

The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or [email protected]).

NEWPORT BEACH CITY COUNCIL AGENDA

CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
APRIL 15, 2025

REGULAR MEETING – 4:00 P.M.

CLOSED SESSION – FOLLOWS MOTION FOR CONSIDERATION

I. ROLL CALL – 4:00 p.m.

II. INVOCATION – Dave Manne, Pastor Emeritus, Calvary Chapel of Costa Mesa

III. PLEDGE OF ALLEGIANCE

IV. PRESENTATIONS

● History of the Development of Lido Isle and Other Islands of Newport Beach by Bill Lobdell

● Proclamation Recognizing Working Wardrobes

V. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS

Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record.

VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE

AGENDA (NON-DISCUSSION ITEM)

• Consider creating a City Council Ad Hoc Committee to review the City’s policy on the use of pesticides and make recommendations to the City Council [Weber]

• Consider removing the property located at 1501 16 th Street from the City’s General Plan, so it is no longer designated as a housing opportunity site [Weigand]

• Consider creating a Historian Laureate program to increase public awareness of the history of the City [Grant and Stapleton]

VIII. PUBLIC COMMENTS ON CONSENT CALENDAR

This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 – 11). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three minutes per item.

All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action.

City Council Meeting
April 15, 2025

IX. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the March 25, 2025 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.

ORDINANCE FOR ADOPTION

3. Ordinance No. 2025 -5: An Amendment to Section 15.02.095 of the Newport Beach Municipal Code Related to Timeframes for Completion of Construction a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; and
b) Conduct second reading and adopt Ordinance No. 2025 -5, An Ordinance of the City of Council of the City of Newport Beach, California, Amending Section 15.02.095 (Section 105.3.4) of the Newport Beach Municipal Code Related to Timeframes for Completion of Construction.

CONTRACTS AND AGREEMENTS

4. FY 2023-24 Traffic Signal Rehabilitation Project (Project No. 24T01) – Notice of Completion for Contract No. 9416-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

5. Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation – Award of Contract No. 9749-1 (25F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Find the bid submitted by EverFence Corporation to be non-responsive; d) Award Contract No. 9749-1 to Gold Coast Fence Inc., for the total bid price of $304,768 for the Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $30,500 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

6. Slurry Seal Program FY 2024-25 – Award of Contract No. 9717-1 (25R04) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 9717 -1 to American Asphalt South, Inc. for the total bid price of $1,176,197 for the Slurry Seal Program FY 2024 -25 project, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $58,800 (approximately 5% of total bid) to cover the cost of unforeseen work not included in the original contract.

City Council Meeting
April 15, 2025

7. Approval of Amendment No. Three to On -Call Maintenance and Repair Services Agreement with Ray Brian Carmody dba Carmody Construction Company (C-8480-1A) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Three to On -Call Maintenance and Repair Services Agreement with Ray Brian Carmody dba Carmody Construction Company to increase the not-to-exceed amount by $200,000 for a new not-to-exceed amount of $387,500, and authorize the Mayor and City Clerk to execute the amendments.

8. Approval of Professional Services Agreement with Griffin Structures, Inc. for the Fire Station No. 1 / Balboa Branch Library Construction Management (Project 23F12) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Griffin Structures, Inc. for the Fire Station No. 1 / Balboa Branch Library project construction management contract for a total not-to-exceed amount of $1,220,750, and authorize the Mayor and City Clerk to execute the agreement.

9. Approval of Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt & Nichol for On-Call Marine / Coastal Engineering and Harbor Related Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt & Nichol with each agreement being for a term of five years and a total not -to-exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the agreements.

10. Professional Services Agreement with Carpi & Clay, Inc. for Federal Advocacy Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the Professional Services Agreement with Carpi & Clay, Inc. of Washington, D.C., for federal advocacy services for an initial one -year term, ending April 15, 2026, with two, optional one -year extensions and a total not -to-exceed amount of $343,800, and authorize the Mayor and City Clerk to execute the agreement.

11. Approval of Professional Service Agreement with Bloc Films, LLC for Junior Lifeguard Video Production Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Bloc Films LLC with a two-year initial term, with three additional one-year extensions (for a total possible five-year term), for a total not- to-exceed amount of $375,760, and authorize the Mayor and City Clerk to execute the agreement.

ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR

THOSE ITEMS REMOVED

X. ITEMS REMOVED FROM THE CONSENT CALENDAR

City Council Meeting
April 15, 2025

XI. PUBLIC HEARING

12. Resolution No. 2025 -13: Notice of Intent to Override Orange County Airport Land Use Commission’s Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) a) Conduct a public hearing;
b) Find that the proposed overriding action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly; and c) Adopt Resolution No. 2025-13, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission and State Department of Transportation, Aeronautics Program of the City’s Intention to Find that the Amendment to Section 20. 28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and Pending Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of the Newport Beach Municipal Code Related to the Implementation of the H ousing Element is Consistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2024-0205).

XII. CURRENT BUSINESS

13. Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Authorize the City Manager and City Clerk to execute the Revocable License Agreement between the City of Newport Beach and Heritage Wellness Collective, for Temporary Use of the City Property for the Corona del Mar Community Market, in a form substantially similar to the agreement attached to the staff report; and
c) Approve a waiver of City Council Policy F -7 – Income and Other Property based on the findings contained in the staff report and the Agreement, that charging less than fair market rent promotes the City’s goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged.

XIII. MOTION FOR RECONSIDERATION

A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

XIV. CLOSED SESSION – Council Chambers Conference Room

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 3 matters

1. Property: 3848 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel Number 427 - 151-08).

City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: John Saunders on behalf of 3848 Campus Drive LP.

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

City Council Meeting
April 15, 2025

2. Property: 4200 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel Number 427 - 121-01).

City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: Kavous Gitibin on behalf of 4200 Building LLC.

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

3. Property: 1400 Quail Street, Newport Beach, CA 92660

City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: Angela Brand on behalf of Davenport Quail Partners, LLC

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter

Agency Designated Representatives: Grace K. Leung, City Manager, and Jonathan Holtzman, Esq., Negotiators.

Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB).

C. PUBLIC EMPLOYMENT – PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters

Titles: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk.

D. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters

Agency Designated Representatives: Joe Stapleton, Mayor, and Lauren Kleiman, Mayor Pro Tem.

Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk.

E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter

Barbara Salvini v. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC

XV. CLOSED SESSION REPORT

City Council Meeting
April 15, 2025

XVI. ADJOURNMENT – In memory of Peggy Fort and Police Officer Bob Henry

Testimony given before the City Council is recorded.

The timer light will turn yellow when the speaker has one minute remaining.

The timer light will turn red when the speaker has 10 seconds remaining.

PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE

CITY OF NEWPORT BEACH

City Council Meeting Minutes
Regular Meeting
March 25, 2025

Volume 66 - Page 284
I. ROLL CALL – 4:02 p.m.

Present: Mayor Joe Stapleton , Mayor Pro Tem Lauren Kleiman , Councilmember Michelle Barto , Councilmember Noah Blom, Councilmember Robyn Grant , Councilmember Sara J. Weber , Councilmember Erik Weigand

II. INVOCATION – Mayor Stapleton

III. PLEDGE OF ALLEGIANCE – Councilmember Grant

IV. PRESENTATIONS

● Proclamation Recognizing National Library Week

Mayor Stapleton read the proclamation and presented it to Chase Rief, Chair of the Board of Library Trustees, and Library Services Director Hartson who thanked Council for their support and recognition, introduced other members of the library team, and noted this year’s theme “Drawn to the Library.”

● Recognition of Newport-Mesa Unified School District Students

Coach Bryan Middleton introduced the Corona del Mar High School girls varsity golf team . He thanked the City of Newport Beach, the Newport-Mesa Unified School District, Principal Jake Healy, and Athletic Director Brian Walsh, and noted the team won the school’s first ever CIF golf championship.

Coach Ross Sinclair introduced the Newport Harbor High School boys varsity water polo team and commented on the team’s 34 wins on the road.

● History of the Balboa Island Ferry by Seymour Beek

Seymour Beek utilized a presentation to provide a history of the Balboa Island Ferry.

In response to Mayor Stapleton’s question, Mr. Beek replied that about 1.5 million people use the ferry each year.

Councilmember Grant commented that Mr. Beek is well loved in the community and thought his presentation was remarkable.

V. NOTICE TO THE PUBLIC

VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

Councilmember Weigand:
 Presented a slide to report on the Orange County Mosquito and Vector Control District ’s Sterile Insect Technique (SIT)
 Shared February statistics regarding City development activities , including permits, inspections, and code enforcement
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Councilmember Barto:
 Attended the Orange County Watershed Committee meeting, trash interceptor tour, as well as the District 5 Mayor’s meeting and medical campus tour
 Attended Jamboree medical campus tour and Citizens Police Academy  Participated in the Annual Spirit Run

Councilmember Grant:
 Attended the Association of California Cities – Orange County (ACC-OC) advocacy trip with Mayor Pro Tem Kleiman, the NBPD Mobile Café on the Peninsula, the Annual Spirit Run and Dog Mile and extended her appreciation to Diane Daruty and her team, and Assembly Member Diane Dixon’s 72nd Women of the Year event
 Displayed a slide of the OASIS Senior Center’s Talent Show  Met with Councilmember Weber to discuss emergency evacuation scenarios for Newport Coast  Attended the Historical Society’s Gala presented by Bill Lobdell  Displayed a Yeti mug from the Newport Beach Animal Shelter and presented one to each Councilmember
 Displayed a slide of Orange County Supervisor Janet Nguyen’s Women of Distinction event and presented Mayor Pro Tem Kleiman with her plaque since she was not able to attend the event

Mayor Pro Tem Kleiman:
 Attended the ACC-OC advocacy trip

Mayor Stapleton:
 Continued the Mayor’s State of the City tour
 Attended the Laguna Beach State of the City Mayor’s luncheon and the Annual Spirit Run • Complimented the Eagle Four Partners, Scott Easton, and the Newport Beach Country Club for the Hoag Classic
• Attended the Newport Beach Historical Society Gala, the Navy League event to present a certificate to Admiral Swift, and a Pacific Sotheby’s Realty meeting to present the State of the City

VII. PUBLIC COMMENTS ON CONSENT CALENDAR

Adam Leverenz thought long-term lodging in residential areas is something to be aspired for (Item 3) and suggested a child or student menu be included at the Central Library concession stand (Item 9).

Denys Oberman noted the correspondence she sent to Council regarding Item 3, thought the proposal will interfere with the City’s goal to reduce short term lodging ( STL) permits in residential areas, and objected to giving the Finance Director unilateral authority to adjudicate and indefinitely postpone actions that are within the City’s regulations.

Jim Mosher thought the ordinance related to Item 3 is not written as well as it should be and noted what he thought was a discrepancy in the information provided by the City for the rate at which STL applications come off the waiting list each year. In addition, regarding Item 9, he suggested providing clarification to the public about the vendor selection process.

VIII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the March 11, 2025 City Council Meeting
Waive reading of subject minutes, approve as amended, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only.

Draft
City of Newport Beach
March 11, 2025

Volume 66 - Page 286

ORDINANCE FOR ADOPTION

3. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the acti vity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2025 -4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.08.120 (Definitions) of Title 1 (General Provisions), Section 5.95.042 (Maximum Number of Permits), Section 5.95.043 (Transfer of Permit), and Section 5.95.065 (S uspensions and Revocations) of Chapter 5.95 (Short-Term Lodging Permit) of Title 5 (Business Licenses and Regulations) of the Newport Beach Municipal Code to Update Administrative Procedures Relate d to Good Cause Determinations and the Extension of Deadlines.

RESOLUTION FOR ADOPTION

4. Resolution No. 2025-12: Creating the Ad Hoc Refuse Committee a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2025 -12, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Refuse Committee; and
c) Confirm the appointments of Councilmember Robyn Grant and Councilmember Michelle Barto to serve on the Ad Hoc Refuse Committee.

CONTRACTS AND AGREEMENTS

5. Irrigation Controller Replacement Phase 2 – Award of Contract No. 9735-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Award Contract No. 9735-1 to EMTS for the total bid price of $480,202.74 for the replacement of 37 irrigation controllers, and authorize the Mayor and City Clerk to execute the agreement; and
c) Establish a contingency of $24,000 (approximately 5% of total bid) to cover the cost of unforeseen work not included in the original contract.

6. Approval to Increase the Purchase Order Amount with W. W. Grainger, Inc. for As-Needed Procurement of Public Works Department Maintenance and Repair Tools, Materials and Supplies
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a change order to Purchase Order No. 22500148 with W. W. Grainger, Inc., increasing the amount from $120,000 to $200,000 for FY 2024-25; and c) Approve issuing a purchase order with W. W. Grainger, Inc., for $200,000 for FY 2025 -26 on or after July 1, 2025.

7. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well Management Services (C-8490-1)
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a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Seven to the Professional Services Agreement with Sampson Oil Company for Oil Well Management Services, which extends the contract to June 30, 2026, and increases the contract amount by $750,000, and authorize the Mayor and City Cl erk to execute the Agreement.

Mayor Stapleton recused himself from Item 7 due to potential real property interest conflicts based on the location of the project in relation to his personal residence.

8. Professional Services Agreement with Environmental Science Associates for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina (PA2024-0135) (C-9843-1)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Environmental Science Associates for Supplemental EIR Related to Back Bay Landing and Bayside Village Marina Improvement Project in an amount not -to-exceed $426,100, in a form substantially similar to the agreement attached to the staff report.

Mayor Stapleton recused himself from Item 8 under the Levine Act based on having received a campaign contribution in excess of $500.

9. Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue (C-9844-1) a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Authorize the City Manager and City Clerk to execute the Concession Agreement between the City of Newport Beach and Kit at the Library, Inc., for use of the concession facility at the Central Library, located at 1000 Avocado Avenue, in a form substantially similar to the agreement attached to the staff report; and
c) Approve a waiver of City Council Policy F-7 – Income and Other Property based on the findings contained in the staff report and the Agreement, that charging less than fair market rent promotes the City’s goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged.

10. Amendment to Professional Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update (PA2022-080) (C-9358-1) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to the Professional Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update, which augments the Scope of Work, extends the contract to June 30, 2026, and increases the contract amount by $128,479.99 for a total not -to-exceed amount of $1,606,509.74, and authorize the Mayor and City Clerk to execute Amendment No. One to the Agreement.

MISCELLANEOUS

11. General Plan Annual Progress Report Including Housing Element Report for 2024 (PA2025-0008)
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a) Find the preparation, review and submission of the 2024 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; b) Approve the 2024 General Plan Progress Report, including the Housing Element Annual Progress Report; and
c) Authorize submittal of the 2024 General Plan Progress Report to the State Office of Land Use and Climate Innovation and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development.

Motion by Mayor Pro Tem Kleiman, secon ded by Councilmember Weber, to approve the Consent Calendar ; and noting the amendment to Item 1 and the recusal s by Mayor Stapleton to Items 7 and 8.

The motion carried unanimously.

IX. ITEMS REMOVED FROM THE CONSENT CALENDAR – None

X. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS - None

XI. CURRENT BUSINESS

12. Ordinance No. 2025 -5: An Amendment to Section 15.02.095 of the Newport Beach Municipal Code Related to Timeframes for Completion of Construction

Mayor Pro Tem Kleiman appreciated that staff took another look at this item and brought it back to Council. She thought the new proposed ordinance strikes the right balance between flexibility for construction projects and consideration of the impacts to residents.

Jim Mosher thought there was a lack of clarity relative to incomplete construction projects.

Motion by Councilmember Grant, seconded by Mayor Pro Tem Kleiman , to a) f ind this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-5, An Ordinance of the City of Council of the City of Newport Beach, California, Amending Section 15.02.095 (Section 105.3.4) of the Newport Beach Municipal Code Related to Timeframes for Completion of Construction, and pass to second reading on April 15, 2025.

The motion carried unanimously.

XII. MOTION FOR RECONSIDERATION – None

City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items listed on the Closed Session agenda and read the titles.

Mayor Stapleton recessed the meeting at 4:56 p.m.

XIII. CLOSED SESSION – Council Chambers Conference Room

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 3 matters

1. Property: 3848 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel No. 427-151-08).

Draft
City of Newport Beach
March 11, 2025

Volume 66 - Page 289

City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: John Saunders on behalf of 3848 Campus Drive LP.

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

2. Property: 12 Corporate Plaza Drive, Newport Beach, CA 92660 (Assessor Parcel Nos. 442-271- 12 and 442-271-30).

City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: John Pomer on behalf of Junkins 12 Corporate Plaza, LLC; and The Irvine Company

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

3. Property: 707 E. Balboa Blvd, Newport Beach, CA 92661 (Assessor Parcel No. 048-135-02).

City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: Linda Sadeghi on behalf of Balboa Theater Company, LLC

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter

Agency Designated Representatives: Grace K. Leung, City Manager, and Jonathan Holtzman, Esq., Negotiators.

Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beac h Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB).

Mayor Stapleton reconvened the meeting at 6:39 p.m.

XIV. CLOSED SESSION REPORT

City Attorney Harp announced that no reportable actions were taken.

XV. ADJOURNMENT – Adjourned at 6:39 p.m. in memory of Mary Romeo and Fran Ursini

The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive , Newport Beach, on March 20, 2025, at 4:00 p.m.

Draft
City of Newport Beach
March 11, 2025

Volume 66 - Page 290

____________________________________________
Joe Stapleton
Mayor

__________________________________________
Leilani I. Brown
City Clerk
Draft

3-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 3

ABSTRACT:

For the City Council's consideration is the second reading and the adoption of Ordinance No. 2025-5, amending the Newport Beach Municipal Code (NBMC) to remove the sunset provision from Ordinance No. 2022-8 and authorizing the building official to grant extensions of time to complete construction of one-unit and two-unit family dwellings for up to one additional year.

RECOMMENDATIONS:
a) Find this project statutorily exempt f rom the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; and b) Conduct second reading and adopt Ordinance No. 2025-5, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 15.02.095 (Section 105.3.4) to Timeframes for Completion of Construction.

DISCUSSION:

Ordinance No. 2025-5, if adopted, will remove the sunset provision from Ordinance No. 2022 -8, and grant the building official authority to approve up to two , 180-day extensions for one- and two- unit residential construction projects entering their fourth year. Any request for a third or fourth extension will require a public hearing with an administrative hearing officer.

Additionally, the ordinance includes new requirements for applicants seeking extensions.

Requests must include:

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Tonee Thai, Deputy Community Development Director/Chief Building Official - 949-718-1867, [email protected] TITLE: Ordinance No. 2025 -5: An Amendment to Section 15.02.095 of the Newport Beach Municipal Co de Related to Timeframes for Completion of Construction
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Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the NBMC Related to Timeframes for Completion of Construction
April 15, 2025

3-2

1. A detailed explanation of the reasons for the delay and supporting justification.

2. A comprehensive completion schedule.

3. A record of any past complaints or enforcement actions, which will be considered in evaluating the extension request.

The attached ordinance was introduced at the March 25, 2025, City Council meeting. If adopted, the ordinance will become effective after 30 days.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the Califor nia Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single -family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” are exempt from the requirements of CEQA. Similarly, the ministerial approval of ADUs would not be a project for CEQA purposes, and environmental review would not be required prior to approving individual applications.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Ordinance No. 2025-5

Attachment A
Ordinance No. 2025-5

3-3
3-4
ORDINANCE NO. 2025-5

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, AMENDING SECTION

15.02.095 (SECTION 105.3.4) OF THE NEWPORT BEACH

MUNICIPAL CODE RELATED TO TIMEFRAMES FOR

COMPLETION OF CONSTRUCTION
WHEREAS, Section 200 of the City Newport Beach's ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, the number of construction projects on private property in the City has increased substantially over the past eleven years, which has resulted in increased impacts to residents from construction related noise, toss of on-street parking, and traffic; WHEREAS, Chapter 15.02 (Administrative Code) of the Newport Beach Municipal Code ("NBMC"), adopts and incorporates by reference Chapter 1, Division II of the California Building Code;
WHEREAS, the City Council adopted Ordinance No. 2019-8 on April 23, 2019, adding Section 15.02.095 (Addition of Sections 105.3.3, 105.3.4, and 105.3.5), which sets a three-year time limit from the issuance of the first or original building permit for one-unit or two-unit dwellings to be completely constructed, unless the time is extended as provided in subsection 1.05.3.4;
WHEREAS, the City Council adopted Ordinance No. 2022-8 on March 22, 2022, amending Section 15.02.095 (Section 105.3.4) of the NBMC to allow for the extension of the timeframe to complete construction due to the impacts of COVID-19; WHEREAS, it is in the interest of the residents of the City to place a reasonable time limit on the duration of construction projects and to streamline the extension request process, to balance the needs of the owner of the project with the health, safety and welfare of the neighbors; and
WHEREAS, the City Council desires to modify Section 15.02.095 (Section 105.3.4) of the NBMC to ensure that reasonable time extensions are granted, when necessary, with the primary objective of ensuring construction projects are completed promptly.
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Ordinance No. 2025-5

NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:

Section 1: Subsection 105.3.4 of Section 15.02.095 of the Newport Beach Municipal Code is hereby amended to read as follows:

Section 105.3.4 Extension of time limit to complete construction.

The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended as follows:

1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) calendar days; (v) how many previous extensions have been granted; (vi) criteria that establish the cause(s) of delay and the reason for the extension request; (vii) a comprehensive completion schedule; (viii) a brief description of the improvements that are the subject of the application; (ix) past complaints and enforcement history; and (x) any other information requested by the City. b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied by a fee adopted by resolution of the City Council. c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed one hundred and eighty (180) calendar days with a maximum of two extensions being granted by the Building Official under this subsection. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final and non-appealable. 3-6

2. Application for Additional Extension(s).

Ordinance No. 2025-5

a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) calendar days; (v) how many previous extensions have been granted; (vi) criteria that establishes the cause(s) of delay and the reason for the extension request; (vii) a comprehensive completion schedule; (viii) a brief description of the improvements that are the subject of the application; (ix) past complaints and enforcement history; and (x) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee adopted by resolution of the City Council.

3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection 2, a Hearing Officer, designated by the City Manager, shall hear and decide whether a third application for extension, or fourth application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension, beyond four total extensions, shall be granted, conditionally granted or denied. The applicable hearing body shall be referred to herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City Manager shall appoint a Hearing Officer with the requisite qualifications and experience to consider the application for extension. The Hearing Officer shall not be a City employee and the employment, performance evaluation, compensation and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.

Within seven (7) calendar days of the City Clerk's receipt of an application for extension, the City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer in accordance with Section 1.08.080. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) calendar days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing 3-7
Ordinance No. 2025-5
Page4 of 7
Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.

The City Manager will review any request for disqualification and decide as to whether a Hearing Officer shall be disqualified. The City Manager's decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection. c) The applicant shall be notified of the time and place set for the hearing of the application, in accordance with Section 1.08.080, at least ten (10) calendar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) calendar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) calendar days before the scheduled hearing. The size, location and number of sign(s) shall be posted as determined by the City Manager or his/her designee. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.

The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.

4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether: (i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
3-8
Ordinance No. 2025-5

c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calendar day extension, per application for extension, if ii finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. If the review authority makes the findings to grant an extension, the review authority shall consider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if ii cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) calendar days of the dale of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.

5. Judicial Proceeding.

Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.

6. Judicial Review.

The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review related to any application for extension until the person has first exhausted all administrative procedures set forth in Section 15.02.095.

Section 2: Any ordinance or portion thereof that conflicts with Ordinance No. 2025-5 including, but not limited to, the applicability of the sunset provision set forth in Section 5 of Ordinance No. 2022-8 is hereby repealed.

Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 3-9
Ordinance No. 2025-5

Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 6: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect.
3-10
Ordinance No,. 2025-5

Section 7: The Mayor shall sign and ttle City Clerk shalJ attest to the passage of this ordinance. The City Clerk sha11 cause 1he OFd inance. or a summary thereof. to be published pursuant to City Charter Section 414. This ordinance sha,i be, effective 'thirty (30) catendar days after its adoption.

Th is ordinance, was inlrod uced at a regular meeting of the City Counci I of the City of Newport Beach held on the 25th day of March, 202 5, and adopt,ed on the 15th day of April, 2025. lby the following vote, to-wit:

AYES: - ------ ------ ------ ---
NAY 5: _________ __________ __ _
ABSENT: -------- -------- -----
Joe Stapleton, Mayor
A.TTEST:
!Leilani I. IBrow,n, City Clerk
APPROVED AS TO FORIM:

CITYJ TTORNEY'S OFFlCE
tt ---C !( v-..

Aaronc. Harp I City A:.ltomey

4-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 4
ABSTRACT:

On October 24, 2023, the City Council awarded Contract No. 9416-1 for the Fiscal Year 2023-24 Traffic Signal Rehabilitation Project to Elecnor Belco Electric, Inc. The project addressed signal system improvements on Balboa Boulevard, as well as overhead signage on Balboa Boulevard and Bristol Street. The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary

Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$1,206,888.00 $1,299,808.15 $92,920.15 7.7%
Allowed Contract Time + Approved
Extensions/Suspensions (Days) = 234 Actual Time Used (Days) 225 This project consisted of replacing aging poles, cabinets, equipment and wiring to maintain the existing traffic signal operation and increase the reliability of the traffic signal system. Work occurred at the following three locations:
 West Balboa Boulevard at 22nd Street/23rd Street
 West Balboa Boulevard at 21st Street
 East Balboa Boulevard at Main Street
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kevin Riley, Principal Civil Engineer - (949) 644-3329, [email protected]
TITLE: FY 2023-24 Traffic Signal Rehabilitation Project (Project No. 24T01) – Notice of Completion for Contract No. 9416-1
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-
I
I
FY 2023-24 Traffic Signal Rehabilitation Project (Project No. 24T01) – Notice of Completion for Contract No. 9416-1
April 15, 2025

4-2
In addition, due to the similar nature of work, the following components were included in the project:
 The i nstallation of a new dynamic message sign at Newport Boulevard and 29th Street
 A f iber optic communication upgrade on West Balboa Boulevard from River Avenue to 32 nd Street, and 32nd Street from West Balboa Boulevard to Newport Boulevard
 The replacement of signs and lighting on overhead sign bridges at the following three locations:
 Bristol Street North, east of Campus Drive
 Bristol Street South, west of Jamboree Road
 Jamboree Road, south of Bristol Street South

The contracted work was completed to the satisfaction of the Public Works Department.

A summary of the construction cost is as follows:

Original Bid Amount: $ 1,206,888.00
Actual Cost of Bid Items Constructed: $ 1,199,134.00
Total Change Orders: $ 100,674.15
Final Contract Cost: $ 1,299,808.15

The total contract amount was $1,299,808.15, including additional change order work of approximately 7.7% over the original bid amount. Additional work included added exploratory work and potholing, additional fiber optic and signal conduit installation necessary to complete the project.

A summary of the project schedule milestones is as follows:

FISCAL IMPACT:

The FY 2023-24 Traffic Signal Rehabilitation Project was funded from the FY 202 3-24 Capital Improvement Program Budget. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
IT Replacement Fund 7657653-911024 $ 16,000.00
General Fund CIP 01201927-980000-18T02 $ 7,437.21
General Fund CIP 01201927-980000-20T01 $ 57,131.57
General Fund CIP 01201927-980000-20T03 $ 19,235.23
Gas Tax 12101-980000-21T01 $ 107,432.36
Estimated Start of Construction per Annual Baseline Schedule January 3, 2024 Actual Start of Construction Per Notice to Proceed January 3, 2024 Estimated Completion per Annual Baseline Schedule January 28, 2025 Substantial Completion Date Inclusive of Extra Work January 28, 2025 FY 2023-24 Traffic Signal Rehabilitation Project (Project No. 24T01) – Notice of Completion for Contract No. 9416-1
April 15, 2025

4-3
Gas Tax 12101-980000-22T01 $ 17,232.71
General Fund CIP 01201927-980000-22T03 $ 26,200.62
General Fund CIP 01201927-980000-23T01 $ 945,963.76
General Fund CIP 01201927-980000-24T01 $ 103,174.69
Total: $ 1,299,808.15

Gas tax r evenue is received through State -imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes . The IT Replacement fund is used to account for the cost of maintaining and replacing the City’s telecommunication equipment.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map
LEGEND
Traffic Signal
Rehabilitation
Location
05/28/2024
4-4
•
--
Attachment A
Newport Coast Dr
at Sage Hill •
Newport Coast Dr •
at Gas Recovery
Newport Coast Dr
at Ridge Park Rd •

TRAFFIC SIGNAL REHABILITATION PROGRAM CITY OF NEWPORT BEACH FY 2022-2023 PUBLIC WORKS DEPARTMENT
LOCATION MAP C-9095-1

5-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 5

ABSTRACT:

The City of Newport Beach received construction bids for the Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation project. Staff requests City Council approval to award the construction contract to Gold Coast Fence Inc., of Long Beach. This project replaces aging gates and gate components at the Corporation Yard (592 Superior Ave.), Utility Yard ( 949 W . 16th St.), Oilfield ( 5904 West Coast H ighway), and Big Canyon Reservoir (3300 Pacific View Dr.).

RECOMMENDATIONS:
a) Find this project exempt f rom the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Find the bid submitted by EverFence Corporation to be non-responsive; d) Award Contract No. 9749-1 to Gold Coast Fence Inc ., for the total bid price of $304,768.00 for the Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation , and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $30,500 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

As part of the annual Facilities Maintenance Master Plan (FMMP) program, staff identified gates at the corporation yard, utility yard, oilfield and Big Canyon Reservoir as needing maintenance. Many of these gates and/or their components receive intense use and are over 30 years old. The Utilities and Public Works Departments have identified specific components for replacement to ensure continued smooth operation.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation – Award of Contract No. 9749–1 (25F02)
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Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation - Award of Contract No. 9749–1 (25F02)
April 15, 2025

5-2
At 2 p.m. on February 5, 2025, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low EverFence Corporation $201,824.00
2nd Gold Coast Fence Inc. $304,768.00
3rd Quality Fence Co Inc. $539,888.00

The City received three bids. The apparent low bidder, EverFence Corporation, provided only one reference for a comparable project compliant with the requirements stated in the Technical Ability and Experience References section of the project specifications. Due to the lack of required references, staff recommends that the bid from EverFence Corporation be found non-responsive.

The 2 nd low bidder, Gold Coast Fence Inc ., possesses a California State Contractor’s License Classification “ C-13”, as required by the project specifications. A review of references for Gold Coast Fence Inc., shows satisfactory completion of similar contracts for other public agencies including Azusa Unified School District, Emblem Academy, Pasadena Unified School District, the Port of Long Beach , and Huntington Beach City School District.

Gold Coast Fence Inc.’s bid was approximately 5% below the engineer’s estimate of $320,000. The average bid price was roughly $ 348,000. Pursuant to the contract specifications, the contractor shall have 40 consecutive working days to complete the project. Work is scheduled to start in summer 2025.

The project plans and specifications will be available for review at the April 15, 2025, City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
FMMP Facilities Maintenance CIP 57101-980000-25F02 $ 337,000

Proposed fund uses are as follows:

Vendor Purpose Amount
Gold Coast Fence Inc. Construction Contract $ 304,768
Gold Coast Fence Inc. Construction Contingency $ 30,500 Various Printing & Incidentals $ 1,732
Total: $ 337,000

I I
Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation - Award of Contract No. 9749–1 (25F02)
April 15, 2025

5-3
Staff recommends establishing $30,500 (approximately 10% of total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the Califor nia Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map

CITY OF COSTA
MESA
0 PROJECT LOCATIONS
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us
GJ,9

CITY OF
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VICINITY MAP

NOT TO SCALE

CITY YARD RE-ROOFING PROJECT

LOCATION MAP

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-7719-1 08/25/20
Attachment A
5-4

JO WA E
ArRPORT

6-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 6
ABSTRACT:

The City of Newport Beach received construction bids for the Slurry Seal Program Fiscal Year 2024-25 project and requests City Council approval to award the construction contract to American Asphalt South, Inc. of Riverside, CA. The project will slurry seal streets and sealcoat parking lots in the Spyglass Hill, N ewport Hills, Harbor View and Seawind communities. This program follows the annual concrete rep lacement and street pavement repair programs that are currently in progress in the same communities.

RECOMMENDATIONS:
a) Find this project exempt from the Cali fornia Environmental Quality Act (CEQA) pursuant to Section 15301 (c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications;
c) Award Contract No. 9717-1 to American Asphalt South, Inc. for the total bid price of $1,176,197 for the Slurry Seal Program FY 2024-25 project, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $58,800 (approximately 5% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

At 10 a.m. on March 13, 2025, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low American Asphalt South, Inc. $ 1,176,197
2nd Roy Allan Slurry Seal, Inc. $ 1,177,359
3rd Union Pavement Services, Inc. $ 1,322,377
4th Pavement Coatings $ 1,355,943
5th All American Asphalt $ 1,439,221
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, [email protected]
TITLE: Slurry Seal Program FY 2024 -25 – Award of Contract No. 9717–1 (25R04)
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Slurry Seal Program FY 2024-25 – Award of Contract No. 9717–1 (25R04) April 15, 2025

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The City received five bids. The low bidder, American Asphalt South, Inc., possesses a California State Contractor ’s License Classification “A”, as required by the project specifications. A review of references for American Asphalt South, Inc. shows satisfactory completion of similar contracts for the City and other municipalities.

The low bid was 13.6% below the engineer’s estimate of $1,362,000. The difference between the low bid and the engineer’s estimate was primarily attributed to the favorable unit price for the slurry seal material.

The proposed project involves distributing construction notices to affected residents and businesses; placing “No Parking, Tow-Away” signs and setting up traffic control; clearing existing pavement of debris, soil and other loose materials; street sweeping; removing existing traffic striping, pavement markings, and raised pavement markers; weed removal and crack sealing; placing slurry seal on asphalt streets and trails; placing sealcoat on asphalt parking lots; installing new traffic striping, pavement markings and raised pavement markers; and other incidental items of work necessary to complete the project. work will be performed in the Spyglass Hill, Newport Hills, Harbor Vie w and Seawind communities.

Pursuant to the contract specifications, the contractor will have 40 consecutive working days to complete the work. The project is scheduled to start in May 2025.

The project plans and specifications will be available for review at the April 15, 2025, City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
Gas Tax 12101-980000-25R04 $ 1,017,531
Gas Tax 12101-980000-24R04 $ 275,866
Total: $ 1,293,397
Proposed fund uses are as follows:

Vendor Purpose Amount
American Asphalt South, Inc. Construction Contract $ 1,176,197 American Asphalt South, Inc. Construction Contingency $ 58,800 Geocon West, Inc. Materials Testing $ 52,400
Various Printing & Incidentals $ 6,000
Total: $ 1,293,397

Gas Tax revenue is received through State -imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes.

Slurry Seal Program FY 2024-25 – Award of Contract No. 9717–1 (25R04) April 15, 2025

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Staff recommends establishing $ 58,800 (approximately 5% of total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map
I:\Users\PBW\Shared\Contracts\FY24-25 CURRENT\200_STREET_DRAINAGE\Slurry Seal Prgm C-9717_25R04\COUNCIL MEMOS\Location Map_NEW.dwg 02/05/25 - 5:44pm DJordan

PUBLIC WORKS DEPARTMENT
C-9717-1 02/25/2025LOCATION MAP 25R04

ATTACHMENT A

PROJECT

LOCATIONS

SLURRY SEAL PROGRAM
FY 2024-25

PACIFIC

MACARTHUR

JOAQUIN

SEAWIND

NEWPORT
HILLS
HARBOR
VIEW
SAN
MIGUEL
DR
BONITA
CANYON
BLVD

SPYGLASS

SPYGLASS
HILL
SAN

HILLS RD
DR
HILL
RDVIEW
DR

MARGUERITE AVE
04/15/2025
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CITY OF NEWPO RT BEACH

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 7
ABSTRACT:

The City of Newport Beach’s on-call agreement for general building maintenance services with Ray Brian Carmody dba Carmody Construction Company (Carmody Construction) expires February 21, 2027, and is nearing its current not-to-exceed funding limit. With the Public Works Department assuming responsibility for maintaining the Library Services and Recreation & Senior Services Departments’ facilities, staff requests the City Council approve an amendment increasing the total not-to-exceed (NTE) amount by $200,000 for a total amount of $387,500.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and

b) Approve Amendment No. Three to On-Call Maintenance and Repair Services Agreement with Ray Brian Carmody dba Carmody Construction Company to increase the not-to-exceed amount by $200,000 for a new not-to-exceed amount of $387,500, and authorize the Mayor and City Clerk to execute the amendments.

DISCUSSION:

The City contracts various as -needed building maintenance and repair services to help maintain safe, functional and aesthetically pleasing facilities. These on-call services are essential for addressing urgent needs or completing necessary projects when City staff are potentially unavailable due to time constraints and competing priorities, or occasionally where projects require highly specialized skills or equipment.

The City ’s on-call agreement for general bu ilding maintenance services with Carmody Construction expires February 21, 2027, and its total NTE amount is $187,500.

After completing recent projects, there will be approximately $20,000 remaining on the contract.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kyle Brodowski, Equipment and Facilities Superintendent - 949-718-3464, [email protected]
TITLE: Approval of Amendment No. Three to On-Call Maintenance and Repair Services Agreement with Ray Brian Carmody dba Carmody Construction Company (C-8480-1A)
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Approval of Amendment No. Three to On-Call Maintenance and Repair Services Agreement with Ray Brian Carmody DBA Carmody Construction Company (C-8480-1A) April 15, 2025

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Based on this, and w ith the Public Wor ks Department assuming responsibility for maintaining the Library Services and Recreation & Senior Services Departments’ facilities, staff requests the City Council approve an amendment increasing the total NTE amount by $200,000 for a total NTE amount of $387,500.

Service r ates will not change , and the recommended contract increase should cover anticipated costs for as-needed building maintenance services at all locations. In general, Carmody Construction responds well, provides quality services, and is familiar with the City’s administrative processes and operational needs. Recent general examples of services provided include demolition, carpentry, painting, plumbing, electrical repairs, flooring repairs and assembling manufactured items.

City Council approved the original agreement with Carmody Construction on February 22, 2022, for an initial three year-term, with a total NTE amount of $150,000 .

Since then, it was first amended to increase the total NTE amount to $187,500 for emergency repairs at the Oasis Senior Center and then amended a second time to extend the agreement term through February 21, 2027.

FISCAL IMPACT:

The adopted budget includes sufficient funding for these additional services. Work will primarily be expens ed to the Building Maintenance and Repair account in the Public Works Department, 0108041-851016. Special request projects may occasionally be expensed to other department accounts for facilities not maintained by the Public Works Department.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the Califor nia Environmental Quality Act (CEQA) pursuant to Section [insert exemption section number (short description of section)] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – On-Call Maintenance and Repair Services Agreement Attachment B – Amendment No. One
Attachment C – Amendment No. Two
Attachment D – Amendment No. Three

Attachment A
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ON-CALL MAIN1TENANCEJiREPAIR. SERVICES AGREEMENT

WIJH RAY BRIAN CARMODY OBA CARMODY
1 CONS1'RUCT'ION COMPANY FOR
ON-CALJL GENERAL B1UJILIDING :M
1 AIN1TENANC
1 E SERV,tCES IF
1 OR PUBLIC WORKS

THIS ON-CALL MAINT
1 ENANCE/REPAIR SERVICES AGREEMENT
(" A.9reemenr) Is made and entered into as of lhis 22nd day of February 1 2022 (. Effecti1/e Date"), by and between lhe CITY OF NEWPORT 1B1EACH, a Californja municipal oorporalion and charter city (hCrty"), and RAY BRIAN CARMODY. a sole piropr~tor doing business as roaA") CARMODY CONSTRUCTION COMPAJNY ("Contractor'). whose add,,ess is 1240 Birch Tree, Court. La Habra, California 90631, ana Is made wilh reference to lhe· following:

R;ECITAL S
A City rs a munlcipall co~poratfoo duly organii:ed and validly existing uocfer lhe, laws of the State of Gallfomia wi'th lhe p<,Wef to carry on its. busjness as it ms now being conducted under the statutes of the State of CaHfomla and the Charter of Cily.

B. City desires to engagie Con:Lractor to perform on-can n,alntenanoe andmr repair services. for City rPrOject").

C, Contractor possesses the skill, e>cperience, ability, background, ceruficatlon and knowfedge to provide lhe maintenance and/or repair services deiscnbed in thls Ag1reement.

D. Contractor has examined the focatton of all proposed work. carefullf reviewed and evalualed the specifications set forth by City for 1he, Project, is. familiar with all conditior,.s relevant to the performance of services, and has committed lo perfom1 an work required for the compens.atton specified in this Agreement NOW I THEREFORE, t:t is mutually agreed by and between the unctersig ned' pantes as fo11ows:

1. TERM
The term of this Agreement shall romme nce an the iEffeclive O.ate, al"1d shall lermioate on March 1. 2025, unless terminated eartler as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform Iha on-caU servfoes described ln the Scope of SerViices attached hereto as Exl'ublt A end lnoorporarted herein by reference (•Services" or ''Work") Upon written request from the ProJect A.dministmtor as defined herein, Contractor shall provide a letter proposal for Services requested by the Clly (hereinafter referred to as the · lelter Proposal"). The Letter Prorx,sal ~hall lndu de the follolNing.

2. 1.1 A detailed descnpttoo of Une Services to be provided; Ci of e art Beac
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2. '1.2 The position of each person to be assigned to perform 1he Seivioes, andl the name of1ihe individuals to be assigned, if available~ and

2.1.3 The estimated number of hours and ,oosl to complete lhe Servrces;

2. 1.4 Tlhe time need,ed to fini$1h 1he specific project. 2 .2 No Services shall be [Provfded until the Project A.dminis1rator has provided written acceptance of lhe Letter ProposaJ. Once authorized to proceed. Col11ractor shall diligently perform the duties rn the approved Letter Proposal.

3. 1'1IME O,F PERFORMANCE

3. 1 Time is of the esserlc:e in the performance of Service~ under this Agreement. and Contractor shaa perform the Services tn aoeotdance With 1he schedule incruded in Exhibit A and the 1wetter Proposat In lhe absence of a specific schedule. the SerY1ices shall be performed to oompretion rn a diligent and timely manner. The failure by Contractor to strictly ad here to the schedule set forth in Exhibit A and the Letter Proposal, tf a11'1y, or perform the Services in ,a diligent and timely manner may ·result in termination o{ this Agreement by City.
3 .2 Notw.ithstand1ng the torego1ng, Contractor ·shall not be responsible for delays due lo causes beyond Cordractor's reasonable oonlrol. However, in th@ case of any such delay rn 1he Services to be proviided for the Piroject, ,ea.ch party hereby agrees to provide notice wilhin two (2) ca,lendar days of lhe occurrence causing the delay to the other party so that all de1ays can be addressed.

3.3 Contractor shall submit all requests for e~1ensions of time for perfom1ance in writing to ~he Project Administrator as defined herein, not later than two (2) catendar days after lhe start or the condition that purportedly causes a delay. The Project Administrator shall review all suoh requests and may g~n1 reasonable time eJdens[ons for unfo:reseeabre delays that are beyond Contractor"s control.

3.4 for aH time periods nol speciftcally set forth herein, Contractor shalt respond in the most expedient and appropriafet rnanner under the circum51ances, by fax, hand,­ delivery or mail.

4. CO:MPElNSAllON TO CONTRACTOR

4.1 City shall pay Contr.acior for 1he Services on a time and e~pense no1-to- exceed basis in accordance with the provisions of this Section and 1he letter Proposa1 and the Sc.tiedc.de of IBifling Rates attached hereto as Exhibit 8 and incor1Porated herein by rererence. E.xcept ,a..s o1herwise providedl herein, no rate changes shall be made during the term of this Agreement without the prior written appro11a1 of C~. Contractor's compens.atkm for an Services performed in accordance with this Agree1ii11ent, Including all reimbull'Sable items. shall not exceed ,one H undrttd Fifty Thousand Dollars and 001'110 ($1 S0,000.0&), w~tnout prior written amendment to the, Ag reemeot.

Ray Brian Carmody dba Carmody Construction Company Pag:e2 7-5

4.2 Contractor shall submit monthJy invoices to City descdbrng the Work performed 1he pr,eceding month. Conlracto(s lbllls sha II include the name and/or classifica1ion of employee who performed the Work, a brief desc,lplion of the Services performed and/or lhe specilic task in lhe Scope of SeMoes. t.o Whloh it relates, U,e date ·the Se,v~oes were performed. ·1he number of houll'S spent an all Work bjfled on an hourly basis, and a description of any r,elmbu rsable expenditures. City shall pay Contractor no later then thirty (30} calendar daiys after approval of the monihty invoice by City staff.

4.3 City shall reimburse Contractor on1y for those costs orexpensEl'S specificall1/ identified rn Exhibil B to, this Agreement and the Lelte,r Proposal, or sipeoificaHy approved in writing in advance by City.

4.4 Con1ractor shall not receive any compensaUon for Exira Work performed without 1he prior written authorization or City. As used' herein. "Extra WorkH means any Work that is dettmiined by Cjty to be necessary for the proper compJ81ion of the Proje-ct. but which Is not Included within the Scope of Services and which the parties did not reasonably anticipate wotdd be neceissary at 1he execution of this Agreement Compensation for any authorized Extra Wori< shall be pard rn aoco«lance with Exhibit B and the Leiter Proposal.

5. PROJECT MANAGER

5.1 Contractor shatl designate a Project Manager, who shall coordinate a~II phases of lhe Prqect This Project Manager sha11 be ava~ab1e 1n cny at all reasonable times du ring the Agreement term. Contr.aotor has designated Ray Carmody to be its Project Manager. Contractor shall not remove or reassign the· Project Menager or any personnel 6sted in Exhibit A or assfgn any mew or repfacement personnel to the Project without the prior written CQOsent of City. City's approval shall not be unreasonably withheld wilh respect . to the removal or assignment of non-key personnel.

5.2 Contractor, at. the sot-e d19cret1on of City, shaD rremove from the Project any of its personnel as-signed to the performance or Services upon written request of City.

Contractor wa,nrants ~hat it will -continuously rumish lhe necessary pers.onnel to complete the Project on a timely basis as contemplated by this Ag1reement.

6. ADMINISTRATION
This Agreement will be administered by lhe PubJic Works. City's Director of Public Works or designee shall lbe the Project AdministJator and shaH have the authority to act for CJty under this Agreement. The Plrojeot Ad'mitiFStrator shaU represent Ci1y in all n,au.ers perta1nir,g to the Services to be rendered pul'$uanit to this Agreement

7.. CITY"S RESPONSIBlUTIIES
To assist Contractor in the ex-eoution of its responsibilities under this Agreement, City agrees lo provide access to and upon request of Contractor, one oopy or aa e-xlsting relevant information on file al City. City wiU provide all such materials 10 a timely manner so a:s not to cause delays in Contraetor·s Work schedule.

Ray Brian Carmody dba Carmody Constrnction Comp:any Page3 7-6

8. lYPE AND INSTALLATION OF MA lERIALSfSTANDARD1 OF CARE

8. 1 Oontractor shafl use only the standard materials described [n Exhibit A in performing Services under lhis AgJeement~ Any deviation from thei materia1s described in Exhibit A sfi'lall not be installed or utilized unless approved in advance andl in writing by the Project Admtnistrator.

B.2 AU of the Sen,ioes shall be perfonned by Contractor or under Contractor's supervision. Contractor represents lhat it possesses tie personnel! required to perform 1he Sentic:a. required by this Agreement and that it will perform all Se,vices in a manner oommensurate wiUl community professional standards and With the ord ina_ry degree of skm and care that would be used by other reasonably competent practitioners of the same dis.cipline under simflar circumstances. AU Services. shall be performed by qualified and experienced personnel who are not employed by City. By delivery of oompreted Work, Contractor certifies that the Work oonforms to tine requiotments of this Agreement, aH applicable federal. state and loca1 ~aws and legally reoogni~ed professional standards.

8.3 Contraotor represents and warrants. to City that it has, sha II obtain and shall keep in full force and effect during the term hereof, al its sole oost and expense, all licenses. permits. qualitlcalians, insurance and approvals of whatsoever naturie that is rega~ty required of Contractor to practice its. profession. Contractor shall majntain a City o-f Newport Beach business liam,se during the term of this Agree1T1ent

8.4 Conlractor shall not be 1responsible for detay, nor shall Contractor be responsible, for damages or be in default or deemed to be rn default by rea-son of s1Jikes, lockouts. accfdents. acls of God, or the failure of City to lumish timely infonnetion or to approV$ or dj,sapprove Contractor's Work promptly. ,or delay or faulty performance by City, contractors. or governmental agencies. •

9.. RESPONSIBILITY F·0R 0,AMAGES OR INUURY

9. 1 City and all officers. emplO)'ees and representatives thereof shall not be '8sponsib1e in any mi.m ner for any toss or damage to any of the mat.eriaJs or other things used or employed in performing the Pr,oject or for [njury to or death or any person as a result of Contractor's performance of lhe Services required hereunder; or for damage to property from any cause arising from 1he performance of the Proteot by Con1ractor, or its subcontractors. or its workers, or anyone emp1oy'8d by either of 1hem.

9.2 Con1racior shaH be responslbfe for any liabiUty imposed! by law and for f njuries to or dealh of a11y person or damage to property resullirig from defects 1 1 obstfuclions or from any cause arising from Cofltr:actor's Work on the Project. or the Work of a111y subcontractor or suppller serected by Contractor.

9.3 To 1h~ fullest extent permitted by law~ Contr.a.ctor sha'II indemnify\ defend and hold harmless City, its City Council. board's and commissions, officers, agents, volunteers. and emp~oyees ,(collectiv.ely, the
11 ~"demnified Partiesn) from and a~r11sl any
and all claims (~ncl-uding. without I imilation. claims for booily injury, dea1h or damage to property). demands. obfigations, damages. action:s, causes of action, suits, rosses. jlfdg1nents., fine$, peoaJlil&s, liabilities. costs and expeiilses (in duding , without limitation, attorneys• fees. disbursements a.nd cc;,urt c:0&ts) of ,e,J'ery kind and nature· whatsoever Ray Brian Carmody db.a Ca rmod Coristw.clicm Company Pa.ge4 7-7
(ind•vJdualJy. a Claim; collectively, "ctairns1. which may arise from or [n any manner relate (directly or Indirectly) to any bTeach, of Ute terms and conditions of lhf.s Agreement. any Work performed or Se.-vices provided under 1hfs Ag reemem incfuding, wilhout llmiratton. defecls in wori<mansnip or maferials or Contractor's pre-sence Of a,cttvities conducted on the Project (inc:luoHng the neglig.ent andlor wiltful acts. errors and/orr omissions of Con~actor. its principals, offloers1 agents. employees, vendors, S-t1pplie.rs, consultants. subcontractors, anyone employed dlrec:dy or indrrectry by an,y of them or for whose acts they may be lfable or any or all of them).

9.4 Notwithatandi11g the foregofng. noihln91 herein shall be cons1rued to require Contractor to lndeninlfy the h1d~mnifJed Parties from any Claim arisfng1 from Ure sole negligence or willful misconduct. ofthe h1demnffied Parties. Nothing in lhis indemnity shall be COl1$brwd ,as authormng any award of a,ttomeys' fees in any action 0111 or to enforce the tems of 1hrs Agreement. lhis indemnity shall .apply to all cl'aims and liability regard less of whether any insurance policies are appJicable. The policy limits do not act as a limitation upon lihe a:rnou111t of indemnification to be provided by Contractor.

9.5 Contractor shall perform .all Work
1 in a manner to minimize put,lic
rnconvenience a_nd possible hazard, to restore other wO'J'k areas to the Er orig,fnaf condition and former usef\JlnKs as. soon as posslbre, and to protect p:ub~c and .private property.

Contraclor shall be liable for any private or public prope-rty damaged during lhe performance af 1he Work by Co111rador or .its agen1s.

9.6, To the extent aiuthorized by law, as much of lhe money due Contractor under and by virtue cf lhe Agreement as shaU be considered necessary by City may be reta[ned by it until1 disposition has been made of such suits or claims fo:r damages as aforesaJd.

9. 7 T7he rights and obligations se1 forth In this Sectioo shall survive the termination of this Agreemenl
1 D. IND.EPSNDENT CONrRACTOR
ll Is understood that C·ity ret.runs Contractor on an independernt contractor basf6 al'lld Con'lractor fs not an agent or emproyee of City. The manner and means of conducting the Work are under lhe oontrol of Contractor, except to the extent they are ~imited by .s1a1ute, rule •or regulatron and lhe expres$ed terms of this Agreement No civil servJce status or- other right of empfoyme:nl shall accrue to Conttactor or ifs employees. Nothing in tJiis Agreement shaU be deemed to constitute approval for Con1ractor or any of Contractor's employees or agen1s. to be the agents or employee$ of City. Contractor shafl have the responsibnity for and control over the means of performing the Work, provfded that Contractor is in comp;liance wilh the terms of this Ag,eement Anythtng· in ~his Agreement that may appear to give City tine right to direot Contractor as to lhe details of the perfom,anoe of the Work or to exercise a measure of conttol over Contractor slhall mean on~ ·1rn1t Contractor shall fo11ow 1he desires of Cily with respect to the res1i.1fls of the, Servfres.
:Ray Brian Carmod~ dba CarrttQdy ConslrOciion Corhpanv Page5 7-8
111. COOPERAT«JN
Contractor agrees to work closely and cooperate fully with Crty's designated Project Administrator and any oth1:tr agencies that may have ,1urfsdicikm or interest in the Work to be performed. City agrees to coopera,te wnh Contractor on the Project.

12. C,llY 1POLICY
Conb'actor shall diSGUss and revlew air matters relating to policy and Project direction with City's Pmject Administrator in advance· of air critical decision poin1s in 011der to ens.um the Project pliOceeds in a manner ,consistent with CUy goals and poricres.

13. P:ROGRESS
Contractor is responsible for l!ceep:1ng the Project Administret,or informed on a regular basis regarding the status and prog,ess of the Project, a,ciivilies performed and planned, a'nd any meetings that have been scheduled or are desired.

14. INSllRANCE
Wilhout limiting Contractor's indemnification of CJty, and prtor to commencement of Work. Contractor shall obta In, provide and majntain at ifs own expense during 1he tunn of this Agreement or for other pe:rJods as speafied en thrs Agreement, policies of jnsurance of 1he fy1pe, amounts, terms and oondJtiorns described in the Insurance Requirrements attached hereto as Exhibit C. and Jncorporated herefn by reference. 15; BONDJNG
15,. 1 For any Letter Froposal accep1ed by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contract:or shall obtaro. provrde and maintain at Its •own expense during lhe term of th is Agreement: (1 ) a labor and Materials Payment Bond in the amount ,of one hundred percent (100%) of the total amount to be paid Comrador as set for1h in ,any Letter Proposal accepted by City of over Twenty Fi.ve Thousand Oo'llars and 001100 ($·25t000.00), .and in the form -a,ttached hereto as Exhib1t D which is incorporated herein by 1his reference; and (2) a Faithful IPerfomiance Bond rn the amount of one hundred perce,it (100%) of the total amount to be paid Contracior as set forth in any letter Proposal aooepted by Cny of over Twenty' Five Thousand Dollars and 00/100 ($25,000.00), and in the form attaohed hereto as Exhrbit E which is incorporated herein by t.h is reference.

15.2 The Laber and Materials Pay,menl Bond and Faithful Perfom,ance Bond shall be issued by an insurance organizatiora or surety (1) currenity au~ed by the losur:a nee Commissioner to transact business of insurance in lhe State of California, (2) listed as an acceptable surety in the latest revia,on of the Federal Register Circular 570, and (3) ass.tg,ned a Policyholders• Rating A (or higilher) and F~nanaal Size Category Class Viii (or larger) in .accordance with 1he latest edttion of Besrs Key Rating Guide: Pmperty­ Caasualty.

15.3 Contraotor shall deliver~ oon~urrently with City's approval of any Letter Proposal, over l'wenty Five Thousand Dolrarn and 00/100 ($25,000.00), 1he labor and Ray Brian Carmody dba camiod Construction erimpa Page6
7-9
Materials Payment Bond and Faithful P,erformanoe Bond, a oertified copy of the "Certifica1te of Authority'' of the Insurer or Surety issued by the linsurance Commissioner. which authorize$ the ~ns.urer or Surety to transact surety insu ranoo ln the State of Calffomia.

16. PREVAILING WAGES

16.1 Pursuant to 1he appUcabte provtsions of the Labor Coda of the State, of California. not less than lhe general prrevamng rate of per dlem wag:es includ1ng lega1I holidays and overtime Work for each craft or lype of worl<man needed to execute the Work contemplated under the Agreeme:nt shall be ~aid to all workmen em~oyed' on the ·work lo be done aooording to the Agreement by the Con1ractor and any siubcontractor.

In accordance wilh 1he Califorrd1:11 Labor Code (Sections 1770 et seq.), the Director of Ind ustoal Relations has ascertained the geneira1 prevailing rate of per diem wages in the rocalify in which the Work is to be performed for each craft. c&assifica.Uon, or type of workman or mechanic needed to execute the Agreement A copy of said determfnation js arvailable by calling 1he prevailing wage ho11ine number (415) 703..-4TT4, and requesting one from the Cepartment of Industrial Rela~ions. lihe Conlractori is required to ootain the wage detenninations from Uie Department of lnd'ustrial Relatk>ns and post at 1hJt job site lhe preva.iUng rate or per d[em wages. It shalr be the ob~galion of the Conlractor or any sub-contractor under himlher to comply with a[I State of California la'bor laws, rules and regulations and the parties agree 1hat the City shall not be liabfe for any vtolartion thereof. 16,2 Unless 01hel\\lise exempt by law, Contraotor warrants.1hat no contractor or .subcontractor was lis1ed on 1he bf.cl proposal for the Servims that it is not cunenUy tegtSt&red and qualified to
1 perfoim public work. Contractor further' warrant$ that it is currently 1registered and qualified to perlorm "public woirk'" pursuant to Califomfa labor Code secUon 1725.5 or any successor statute 1hereto and 1hat no contractor or subcontractor will engage in ·lhe periOfflllance of the Servlces untess currently r,egistered and qualified to perform publ1o. work.

17. PROHIBIT
1 ION ,AGAINST ASSIG,NMENTS AN1D1 TRANSFERS
EJccept as specificaJly authorized under 1his Agreement. the Services lo be provided under this Agreemerit shaU not be assigned, transferred contracted or s.ubconlracted out without the prior written approva:l of City. Any of the rotrowrng shall be construed as an asignme nl: The sale, assign1:0ent, 1ransfer or other disposition of any of the issued and outstanding capital stock of Conltactor, or of the interes.t of any general partner or jomt venturer or syodicate member or cotenant If Con.tractor is .a. ;partnershjp or joint-venture or syndicate or ,ootena ncy, which shall resu11 fn changrng the oon1rol of Contractor. Coritro1 means fifty peroent {50%) or more of ,the voting power or twenty-five percent. (25%) or mon-i' of lhe as'Sets of Ile corporati:on. par1ne'i$hip or joint-ven1ure. 18s SUBCONTIRACTl1NG
The subcontractors authorized by City, ff any. to perform Work on this Project are identLfied in Exhibit A and the Letter Proposal. Cootrac1or shall be fully responslbte to City for an ads and om~sions of any subcontractor. Nothing in this Agreement shall create any oontractual relationship between City and any s.ubcontmctor nor shalr if create .

Ray Brian Carmody ba Carmody Cons.truciion Company
7-10
any obfigation on 1he part of Cily to, pay or 1o see to 'lhe payment of any monies due to any such subcontractor other than as otherwise requfred t>y ~aw. City fS an intended beneficiary of any 'Work performed by the s.ubconlracior for purposes of estab'ishing a duty of ca(e between 1he subcon~ractor and City. Except as speomcally aulhoriied herein. the Services to be provided under this Agreement ·shall not be o1herwise assigned, transferred, contracted or suboonlracted out wtthout 'tihe prior wrritte-n approval of City.

19. OWNERSHIP OF DOCUM.EiNTS
Each and every 1report, dratl, map, record, plan, document and C1thar writing !produced (hereinafter &Documents"), prepared or caused to be prepared by Contractor, its off'teers, employees. agents and subcontractors, in the course of implemen~ing this Agreement, shall become lhe exclusive pro,perty of Cjly, and City shaU have tJlie sole 11:lg,ht to use such liilatBnaJs in its d•sor,etlon without further compensatiOn to Contractor or any other party. Contractor sha[I, at Contractor"$ expense. provide such Documie-nts to City upon prior wrilten reqlle$l.
20M CONFIDENTIALITY
AH Documents. ino1Ltdi11g drafts, preliminary drawings, or plans, notes and commuridcalions 1hat result fmm the Services in U1is Agreement, sha11 be kept confldenlial unress City expressly authorizes irn writing Ute release of information.

21. RECORDS
Contractor shaU keep records and invoices in connection with the Services to be performed under this A{lreernent Contractor shall majntar11 complete and accurate records with respect to- the cos,ts lncu rred under lhis Agreement and any Servrc:es, expenditur~ . arid disbursements. charged to City, for a minimum period of three ,(3) years. or for any longer period requiried by law, from 1he date of final paymnenl lo Contractor under 1hi.s Agreement. AU such records and il!'lvoic&s. shall be crearly [dentifiable.

Contractor shall a11ow a representa1ive of City to examine, aud~ and make lranscrrpts or oopJes of such records and invoioe-s during regular business hours. Co.ntractor shall allow inspeciicn of all Work. data, Ooouments. proceedi111gs and aotlviHes retated to the Agreement for a period of three (3) years from the date of final payment to Contractor unc:f.er 1his Agreement

22. W1l1iHHOLDINGS
City may withhold payment k> Contractor of any disputed sums until safodac1.ion of 1he dispute with respect to such payment. Such withholding shall not be deemed 1o constrtute a failure to pay .according to the terms of 'this Agreement. Contractor sha'II not d1soon1inue Work as a resulf. of such whhhofdil!'lg. Conlractor shalJ have, an rmmediate right to appeal to the City Manager or his/her desrgoee w•th respect to S!!Jch disputed sums. Contractor shall be eollided to receive inl.erest on a"¥ withheld sums at the rate of return ·that City eamed on its in"reStmenl:s during the time period, from ·the date of w~hholding of any amounts found to have been impropeJiy withheld.

Ca miody Construction Oomp~.ny Page8
7-11

23. CITV
1 S ·RIG,HT TO EMPLOY OTHER CONTRACTORS
C lty reservn, the right to employ OU1er contractors in connection wm, the ProJect.

24. CONFUCTS OF INTEREST

24.1 Contractor or Its employees may be subjed to lhe provi~ons of the California PolUica I Reform Act of 1·974 (1he "Act'') and/or Government Code §§ 1090 m ~. which ( 1) require such persons to disctose any financial Interest Chat may foreseeably be mater,a0y affected by ~he Worl!c perf'oimed under this Agreement, and (2) prohibit such persons from making, or partic~pati ng in ma~ng, decisions lhat win foreseeably financialty affect $uch interest
24 .2 tf subject to 1he .Act and/or Government Code §§ 1090 et seq .. Con1ractor shall conform to aU requirements trnereln. Failure to do so ,oons1ilutes a matetiaU breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemn~ and hold hamdess City for any a·nd all claims for dainages resulting from Conlractoli's violation of 1his Section.

25. NO'HCES

25.1 Atl notices, demands, requests or approvals, including any 1change in maitJng address. to be given under the terms of this Agreement shall be given In writin.g, and conclusively shall be deemed served when deliv,ered pers.onalPv, or on the third business day after lhe deposit thereof in lie United States mari, pos1a:ge prepaid, ffrst­ c~ass mail, addressed a~ hefeinafter provided.

25.2 AU notices, demands, reque$'1$ or approvaJ.s"from Contraclm to City shall be addressed to City at:

Attn: Director of Public Works
Publrc ·works
City of Newport Beaoh
1 00 Civic Center Drive
PO Box 1768
Newport !Beach. CA 92658

26.3 A!II notices, demands, r,equest$ or approvals from City lo Contractor shall be addressed to Contractor at
Ann: Ray Carmody
Carmody Construction Company

1.240 Birch Tree Court
La Habra, CA 90631

26. CLAIMS

26. 1 Unless a shorter time is specified elsewhere in this Agreement, before ma:king1 its ·final request for payment unoler th is Agreement, Contractor shall submit to City. in writin-g. all claims for compensation under or arising out of this Agreement. Contractor's Page9
7-12
acceptance of ·lhe final ,payment shall const~ute· a wajver of all claims for ,compensation under or arising out of this Agreement except those previously made in wnling and fden1ifted by Contractor in writing as unsel111ed a1 the time of its final request for payment.

Contractor and Gfty expressly-agree that in adddio:n t,o any claims fitJng require men ls set forth in ~he Agreemen~ Contractor shall be· required to file any ,cfaim Contractor may haJVe agiainst City in ·strict conformance with the Government Claims Act (Government Code sections goo, et seq.).

26.2 To the, extent that Contractor
1 s claim is a "Claim
11 as defined in Public
Contract Code section 9204 or any successor statute thereto, ~he Pairli&s agree to follow the ,dispute 1resof'utfon process set forth therein. Any part of s.uoh "Claim" remaining in disp1JJte after completion of ~he d lspute r1esolution process provided for 1ln Pub lie Contract Code· &edion 9"204 or any successor statute there·to shall be sub~d to the Govemment Claims Act requirements requiring Contractor/Consultant to file a claim in strict confomianoe with ·the Govemrnent Claims Act. To lhe extent that Contractor's claim is not a "Claim" as defined In Public Contract Code seciion 9204 or any sucoosscr sbtute there1o, Contractor shall be required 10 file such claim with the Cily 1n strfct ,conformance with ihe· Govemmant Claims Act (Government Code sections 900 et seq.).

XI. TERMINATION

27.1 In the eveot1hat either party fa~s or refuses to petfoon any of the provisions of tt1ris Ag.reement a11he time a,nd ~n the· manner required, that party shaH be deemed in default in the performance of ·this Agteement. H such default is not cured withjn a period of two (2) calendar days1 or If more ,than two (2J calendar days are reasonably required to cure· the defauH and 1he defaultlng party fails to give adequate assuranoe ot due performance· within two (2) calendar days after receipt of written notrce of default, specifying the nawre of soch default a_nd 1he steps ,necessary to cure sudl default, and thereafter dOigenHy take steps to cure the default·, the non-defaultfng party may terminate the Agreement forthwith by grving to the defaulting party wrttten notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at ~ts sole and absolute discretion and without cause, of terminating this Agreement at any time• by giving oo tess ·lhan seven (7) calendar days' prkn written n0:lioe to Conlmotor. In the event of termination under lhis Section, City st.all pay Contractor for Servi<;es. satisfadorily S)8'rfom1ed and costs incunred up to the effective date of termfnation for which Contractor has riot been previously pard. On the effective date of termination, Contractor shall deliver 10 City all reports. Documents aJld other information developed or ac<::umulated in lie performance of thiSi Agreement , whether in dr,aff or final form.

28. LABOR

28. 1 Contractor shall conform with all applicab.le provisions of state and federal flaw including. bul not llm'lted to, appli~ble provisions of the fed era I Fair Labor Standards Act rFLSA 1 (2'9 USCA § 201 , et seq.).

28.2 Whenever Contractor has knowledge I.hat any actual or potenlial rabor dispute is delaying or threatens to delay the timely performance of this. Agreement, Ray Brian Ca1rmody dba Ca1rmody C _ Page 10
7-13
Contractor shaU 1mmedrateJy give written notice 10 City, and provide all relevant information.

28.3 Contractor repteH nts that all persons woriklng under this Agreement atre verified to be U.S. citizens or persons tega'lly authorized to work in 1ne United States . . 28,4 To the Fulrest extent permitted by ~w, Contractor shaH Indemnify. de-ff!'nd, and hold harmless City, its City Council, boards and commissions. officers. agents, volunteers. and employees from lloss or damage, Including but not limited to attorneys' fee-s, and other costs of defense· by reason of actual or alleged violations of any applfc-able federat. stale and focal rabor laws or law. rules, and/or regum'lions. This obligatton shall survive the expiration and/or termination of Ule A91reement.

29. STANDAJRD PROVISIONS
29 .1 Recitals. City and Contractor acknowledge that lhe above Reel ta ls are true and correct and are hereby ioco:rporated by reference.

29.2 Complianoe with all laws. Contractor shaJI, at i1s own cost aod expense, comply with a:ll statutes, ordinances, regula~ions and requ lremenls of all governmental entities, indudh19 federal, state. county or municipal, whether now in force or hereinafter enact.eel. In addili011, aU Work prepared by Contractor shall confom, to applfcab!e City, county, stale and feder:aJ laws, ru~s. reguJations and permit requirements and be sub~ to approval of 1he Project Administrator and Cay.

29.3 WaiY.er. A waiver by either party of any ibreaoh, of any term, covenant or oonditioo contained her~n shall not be deemed to be a waiver of any subsequerilt breach of tll'le same or any o1her term. oovenant or condition contained herein. whether of 1he same or a different character.

29.4 lnteg rated Contract This A9
1 reement 1represents the full and complete
und
1 erstanding of every lund or na1utre whatsoever between the parties heteto, and all preliminary negotiations and agreements of VYha1soever kind or nature are merged' herein.

No verbal a.g1rieement or impfred covenant shall be held to vary the provisions iherein.

29.5 Conflicts or Inconsistencies. In the event there are aJ1y conflicts or ,Inconsistencies between this Agreement ~nd the Scope of Services or any o1her aUachments attached hereto, the terms of this Ag11ieement shaH govern.

29.6 l1nterpretation. The ·terms of this Agreement shall be constriued in acrorclance with lhe meanlng of ~e language used and shall not :be construed for or agia.inst either party by re.ason of 1he aulhorshrp of the Agreement or any olhe f rule of conslructron which rnight othe™se apply.

29. 7 Amendments. This Agreement may be ntodifred or amended only by a written document executed by· both Contractor and City and approved as to form by the City Attorney.
•
Ray Brian Cam,ody'dba Carmody Co:rrstruc"ticim Company Page 11 7-14

29.8 Seyeiab.ildy. If any tenn or pomoo of lhis Agreement is heldl to be invarid. illegal, or othe/Wise unenforceable by a court of competent jurisdiction I the remaining pro~srons of this Agreement shall continue in fuH forne and effect.

29.9 ControUing Law and Ve13,ue. The laws oUhe· State of California shall govern 1h is, Agreement and ali matter'$ relating to it and any actmn b'l'ought rela,ting to this Agreement shaU be· adJudfcatea In a com1 of competent jurisdiction in 1he ,county of Orange. S1ate rof California,

29. 1 O tEquaJ Opportunifv Employment. Contractor represents that It is an equal opportunity employer and it shall not discriminate against a111y subcootractor1 emplo-yee or applf:cant for employment because of race, reraglou-s creed. CQIOf, national origin► ,ancestry, physical handica;p, medical condition, marital status. sex, &E!')(Ual orientation, age or any other impermissible basis under raw.
2S.11 No Attorneys' Eees. In the event of any dispute or legal adlon aris]ng under this Agreement, lihe prevailing party shall not be· entitled to attomeys 1 fee-s,

29.12 Counterparts. This Agreement may be executed in two (2} or more counterparts, each of which shall be deemed! an original and all of whr,ch together shall oonstiMe one {1) and the sar:ne instrument.
(Sl:GNATUR!ES
1 ON NEXT PAGE]
•
Ray Brian Carmody dba Caonody Construction ,
7-15
JN WITNESS WHERJEOF~ the parties have caused 1his Agreement to be executed on the dates written below.

CITY OF NEWPORT BEACH,
a caatomla
Date:._---,, ~ ,..c;;.---~,...._
By:'-r-l""""'~~ -..x:lloil.z:u::....1---- ---,r.;. ron C. Harp City A1tome:y
~ . n
Ma
ATTEST; ~ !:! n n '>"'1
Date; l;;h:7, OU~
CONTRACTOR: Ray Brian C,·rmodt , a
sole proprietor OBA C:annody·
Construction Company
By:.--41--.:oc::....::~
City Cle.

Attach me r11ts:

Date:. _______ _
Sfgned in Counterpart
By:._~------ - - -Ray Brian Carmody
Sole Ptoprietor d
~
'.\.)~ .is-i..,,.- 'D 10F SIGNATURES]
c ~'\"'"" ~(JFOfl'-
Exhibil A - Scope of Se1Yices
~ibU B - Schedule cf Belling Rates
Exhibit C - Insurance Requlrements
&hibit O - Labor and Materials Payment Bond
!Exhibit E - Faithful Performance Bond
Ray Brian Carmody db~ Cam10dy Construction company Page 13 7-16
~N WniN ESS WHi lREOF, the parties have ca used lhis Agreement to be e)Ceruled on lhe dates wirilte:n betow.

APPROVED AS T·O F.ORM:

CITY ATTORNEY'S OFFICE
Date: :J/ h/ -.;.;; •
CITY OF 1NEW1PORT BEACH~
a California rnunfolpa I corpmatio11
Date~--------
Bv:~ A, ~ riil (§.,1 By. ____ ______ _
ron C. Harp
City Attorney
ATTEST:

Date:

Kevin Mufdoon
Mayor
-------
CONTRACTOR: :Ray Brian Carrn.ody, a
sole proprietor DBA Carmody
Construction Com1pany
Date: ------~-
By: -:----::-:---:-:--'.::--- ------
lei la n i I Brown By: ~ e<n« ~ Riysr Carmody -
City Clerk
Attachments:

Sote Proprietor
[END OF SIGNATURES]
Exhibit A - Scope of Servlces
Exhibit B - Schedule of Bfllf ng Rates
Exhibit C-lnsu rance Requirements
Exhibit D - Labor and Materials Paymenl Bond
Exhibit E - Faithful Performance Bond
~age 13
7-17
EXHiBIT A

SCOPE OF SERVICES
Contractor shall rurnTsh aU l'abor, equ1pmenti materials. and supervision, to perform various maintenance serv.ces ait CUy's request. as described herein, incJuding, but not limited to, the 'following~
• Genera~ carpentry {remova11 and instalkition of interior and exterior doors, cabioet work, countertops, and the !Ute):
.. Painting and drywaU (interror and exterior)~
• Minor plumbing1 repairs (water heater repl'acement, faucets, and the ~ke):
•· Minor electrical reparrs (remo,va1 and instaJla~ion of light fi:icture:s, ballasts, and the like);
• Flooring repairs (tile rep1acement floor sealing~ and the ~ike); • F aoilfty maintenance and repair;
• Apptiance rep1acement;
• Assembly of manufactured ij~,s, ;
• Wrought iron fencrng and gate ~pair (fabricatlon, powder coat, and instaHation of perimeter fencing);
11 Facility rarn gutter rspa~ ;
• M1nor roof repairs;
• Skilled mortar work on seat or retaining wans;
• Handrail replacement, instaHaHon, and fin'8ning (ADA ramps. and slaircase):
• Assembling1 of manufactured items; and
• MisceUaneous repair work not covered by any of the other serv,ices licSted herein (fem ova I and insmllation)
The C-ontractor shaU work will the Project Administrator to schedule site mee1ings and repajr requests.

The Contractor shall' also Har.son with various City contr,actors and vendors as­ oeeded.
-Ray Carmody dba armody Cons ruction Company
7-18
EX!HIBITB
SCHEOUL1EOF BILLING, RAT;E.S

ON-CALL RA,TES - GENBRAL
Laborer Laborer Joumeyman Journeyman Supervisor
R~ut~r After Hours Regu'lar Aft · H ef . _QU!"S Regular Hours Hours Hours
$86.00 $129.00 $8'6.00 $129.00 $86.00
Regular HQrJrs ~ 7;30am- 4:30pm
After Hours .a- ofi_,er 4:30pm up until 7:J.Oom
Supervisor
After Hours
$129.00
For projects requMne the acqukSitron of m:ni?rlals:, Contractor shall be permitted to bill the Citv far no more than 109' over the cost of acquisition paid by 'tttr! 1Contractor. AH r,ecelpts MUST be in duded 1in requc~sts ror mate,ia1s reimbursement and submitted to th@ City arong with the invoice ira order to process payments.
7-19

EXHIBIT C
IN
1 SURANCE REQUIREMENT,S - IMAINTENANCE/REPAIIR/JANITORIAL SERVICES

1. 2.

3. Provision of Insurance. VVithout Jimiting ContractQr'S indemnification of City, and prior lo, ,commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of 1hi$ Agreement, policies of insurance of the type and amounts described below and in a fOfffl satisfactory to City, Contractor agrees to provide insurance-in accordance with requirements set forlh he-re. If Contractor uses exisling coverage to oomply and tha1 coverage, does no1. l!neet lhese requir,ements, Conlracim agrees to a:n,end I supplemem or endorse lhe e,xjsting ooverage.

Aocep.lable lnsurers1 All insurance policies ,shall be issued by an insuranoe company ,curren1ty authoriized by the Insurance Commissioner to transact. bu$1ness of ijnsu ranre in 1he State of canfomia., with an as-signed policyholders' Rating of A~ (or h~her) and Financial Size Category Claass VU (or la11ger) io aooordance with the ratest edftran of Best's 'Key Rating Guide, unless othe™se approved try the CUy's Risk Manager.

G_Q;'!l&rage Reguiremerns.

A. Workers' Compensation ln.s,urance. Cootractor s.halJ mainta1n Workers.' Compensation Insurance, ·statutory 11mits, and Employer's Liability lnsuRtnoe wi~ [imits of at ,east one million dollars ($1,U00.OO0) each ,accident for bodily injury by ao•ccdent and each emp1oyee ror bodijy injury by disease in acoordanoo wilh lhe laws of the Staie ofCalifom ia, Seciiort 3700 of lhe Labor Code.

Conbactor shall s,u'bmit to City, along With the certificate of rnsurance, a Waiver of Subrogation endorsement in favor of City, Us City Council, boards and commissjons1 o.ffl-cers, agents. vohmteers andl employe-es.

B. Gene:ral LiabrJity Insurance. Contractor shall maintajn commercial general li!:llbility insuranoe and, if necessary, umbrella liabifrty insurance, with coverage at least as broad as provided t>y Insurance Services Offioe form CG 00 0 1, n ~m amount not less 1han one million dollars ($1 ,'000,1000} per occurrence. two million dollars ($2,000,000) ,general aggregate. The pQlrcy sha II cover liabillly arisfn91 from premises, operations, ,producis-oompjeted operations, personal and advertising injury, and llabifity assumed under an mnsured contract (induding 'the tort lfabFJily of another assumed in a business contract).

C. Autgmobjle Liab ility lnsu range. Contractor sha II main1ai n a.utomobne insurance at tea-st as broad as lnsuraooe SeNloes Office form CA 00 01 covering bodity injury and property dam~e for a11 acliv.ties of Contractor aris.ing out of oir in connedion wi1h Won: 10 be performed! under 1his Agr"1l!ent , including coverage for, any owned. hired, non-owned ,or rented Ray Carmody dbaCa111'iody Consmiotlon Company Page C-1
7-20
vehlcles, In an amount not less than one million dollars ($1' ,000,000) oombrned s,ng~e limit each accident

4. .Qlher Insurance Requirements. The policres are to contain, or be endorsed to contain, U1e foUowing provisfons:

A..

B.

C.

Waiyer of S,ubrogation. All insurance coverage lllla,intained or procured pursuant to this Agreement shall be endorsed to waive :;ubr,0gaition .against City, ifs Clty Council, boards and commrssions~ officers, agent$, volunteers and employees or shall specificaUy allow Contractor or others providing1 insurance evidence in coinpliance wJ~h these requirements to waive their right of recovery prfor to a loss. Contractor hereby waive~ its own right of' recovery against City, and shaU require sim~ar-written expl'iess waivers from each of its sub(:Qntractors.

Add[tronal J nsured Status. AO Jiabnit.y poHcies inolud ing general It ability, products and 00111pleted operatrons, @}(cess liabitity. po:llution liability, and automobile liabUity, n· requ[red1 shall pro'IJid:e Qt lbe endorsed to provide that City, Us City Council, boards and oornmissions. offieers, agents, volunteers and empJoyees shaU be induded as insureds under such policies.

Primen, and Non Contributory. AU lfcabilily coverage shall apply on a primary basis and shall not require coritr1bution fHMTI any insurance or :self-insurance rnainlained by City.

Notice of' Cc;1nceJJa1ioo. All po1icies shafl provide City with thirty (30} calendar days notice of canceDation (except for nonpaymen1 tor which ten (10) calendar days notice is required) or nonrenewal of covera,ge for each requJred ooverage.

5. Addititmal Agreemen~§JBelween the Parties. The parties hereby agree to the, followl.ng:

A. Evidence of Insurance. Contractor shaH provide certificates of insuran.::e to City as evidence of 1he fnsurance coverage required her,e,in, along wi1h a wa1Ver of subrogation, endorsement for workers' compensation and other endorsements as specified iherein for each co~erage. Insurance• oortificates a,nd endorsement must be approved by City's Risk Manager prior to oommencement of performance. current certlfrcabon of insurance shall be kept on ffJe with City a'l all times, durlngi lhe term of 1hrs Agrfffflent The certificates and endorsements for each insurance policy shaH lbe signed by a person author~zed by that insurer to bind oovera;ge on its. behalf. At least fifteen (15) days prior to the expiration o.f any such pmicy, evfdence of insurance showing that suoh insu ranoe ooverage has been renewed or e·xtended shaH t>e filed with 1he City. If ooch coverage is cancelled or reduced, Contractor shall, within ten ( 10), days after receipt of written notice· of such cancellation or reduction of roverage, fi'le with the City evidence of Page C-2
7-21
insu ranee showing that the .required insu ranoe has been reinstated or has been provided through anolher insura11ce oompany or oompanie-s. City reserves lhe right to require oomptete, certifted copies of all required insurarice po11cies, at any time.

B. Cit(s Right to Revis@ Requirements. City reserve-s the rig.ht af any ~ime during the tem, of the Agreement to ,change the amounts and types of insurance required by giving Con1racior sixty (60) calendar days adV'ance written no1lice of such change. ff: such change resuUs in substantial additional cost to Con·tractor, City and Contractor may renegotiate Contractor
1 s compensation.

C, 'Bklht to Review Subcontracts. Contractor agrees 1hat 1L1pon reciuest. all ag•reements with subcontractors or 01hers wtth whom Contractor enters Into• contracts wfth on behalf of City will be submitted to City for revrew. Failure of City to request copies of such agreements well not fmposie any lia'biDly on City. or its employees. Contractor shall require and verify that an subcontractors maintain insurance meeting .an Hie requirements stated herein. and Contractor shall ensure U1a1 City 1is an additional insured on i 11surance required from subcontracror$. For CGL oovera~. subcontractors shafl provtde coverage with a format at least as broad as CG 20 38 04 13.

D. Einforcement of Agreement: PJQY[sjons. Contractor acknowled'g8'S and agrees that any actual or all'eg:ed failure on the part of City to inform Contractor of non-oompliamce with any requirement imposes no additfona,I ob1Jiga~ons on City nor does i1 waive any fights hereunder.

E. Requirements nqt limiting. Requirements of specific coverage features or 11mils contained in lhis Section are not intended as a limitation o:n co-verage. rim its or other requJrements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage· feature is tor purposes ,of cia rtficatfon only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to lhe exclusion of ottler coverage, or a waiver of any type. If 1he Contractor maintains higher lunits than 1he minimums shown above, the City requires and shall be entitled to coverage for tliglner rim~ts maintained iby the Contrac1or, Any available insu ranee proceeds in excess of the specified minimum limits of insurance, and coverage shaH be avairabre to the Ciity. 1F. Self-insured Retentions, Any self-insured reten~ons must be declared to .and approved !by City. City reserves the right to require that selMnsured ll'etenti:ons be eliminated, towered. or repJaced b:!;' a deductible. Seff­ insurance will not be considered to comply with these requirements Hnfess approved by City .
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Ray CarmQdy dba Carmody Consb"uction Company PageC .. J 7-22
G. City Remedies fbr Non:C,gmplianc-e. If Contractor or any subcontractor fails to proV1lde and maintain insurance .as, required herrein. then City shan have the right but not lhe obliga~ion, to purchase such insurance, to terminate this Agreement, or 'lo s_uspend Contractor's right to, proceed until prop~r evidence of insurance is provided. Any amounts paid by City shall, at City's sole option. be deducted fr,arn amounts payabte to Contractor or lieimbursed by Conlraetor upon demand.

H, Iim,ely Nolioe of Claims_ Contracior sha11 give City prompt and timely notioe· of claims made or suits instituted that arise out of or resu It from Contractors performance under this Agreement, and' that involve or may fnvotive ooverage under any Q( the required liability policies. City assumes no oblagatlon or lfability by such notice, but has the right (!but not the- duty) to monttor the handling of any s.uch •claim or daims if ttney are likety to invoJve City.

I. Conlract:otsJ1,1sAJJance. Contractor shall also procure and maintain, at its own cost arid expense~ any additionaJ kind'.s of inwrance, which in kts own judgment may be necessary for its proper rprotection and p,osecution of the Work .
•
Ray Carmody dbaCannod,y-Constru · on-Company PageC-4
7-23

EXHIBIT D

CITY OF NEWPORT BEACH
BO:NDNO. _ _ _
LAiBO.R AND MATERIALS PAYMENT BOND·
WHEREAS, ·lhe Clty ,of Newport Beach, State of Ca~fomia, has awarded to ____ _ ___ herernaflsr designated as 'lhe UPrincipal, • an agreement fOf maintenance and/or repair services, in the C~ty of Newport Beao'h I in strict c:oll'lf o.rmity with the Ag1reement o:n file wtth 1he office of 1hB· City Cilerk of the City of Newport Beach, whio11 is incorporated herein by 1his reference.

WHEREAS, Principal has executed or is. about to e~ecute the Agreement and the lems thereof require the ·fum1shing1 of a bond1 providing that if Principal or any of Principa1's suboonlmctors, shall faa to pay for any materials. provision5, or other supplies used in, upon, fo:r, ,or about the perfo11113nce of the Work agreed to be done. or tot any work or labor done thereon of any kfnd. the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE. We lhe undersigned Pnnclpal1 and, _ _____ _ duly authorized to ltansact business under the laws of the State of California, as Surety, (referred1 to 1herein as usuret)t) are hek:f and firmly bou,nd unto 1he City of Newport Beach. en the 8um of :--:-------:- ------------ ~,--- Dollars ( ), fawful money of the United States of Amelica, said sum being equal to 100% of the amount of any lettet Proposal accepted by City of over Twenty Five Tho1Jsand OoHars and 00/100 (,$25,000.00}, payable by 1he City of Newport IBeach under the terms of the Agreement; for which payme.nt we:11 and tr'lliy to be made, we bjnd ourse~es1 our heirs, e·xecut~ and administrators, suooessol'$, or assigns. jo1nHy and severally, firmty by these present.

THE CONDITfON OF THIS OSLIGA 110 N IS SUCH, that ifi the Prino1pal or the Principal's suboontraotors, fa~ to pay for c1ny materiats, provisfons. or o1her suppJie-s,, cmp1ernents or machinery used in, upon, for, or about the peoomance of title Woltk contracted to be done, or for any olher WOi'k or labor lhereori of any krnd, or for amounts due under ·the Unemp1oymEITTt ·Insurance Code with respect to such work or tabor, or for any a_mou nls required to be deducted. wilhheJd and paid over to lhe Employment Devetoprrie"t Department from the wages. of' employees of the Principal and subconlractors pursuant to Sec1ion 13020 of 1he Unemployment lnwranc.e Code wrtn respect to such wosk and labor, 1tlen the Surety will pay tor the same, rn ari amount ,not exceeding the sum specified in 1his Bondi, and atso. in case suit is brought to enforce the obligations of this Bond. a reasonabte attorneys.-fee, to lbe fixed by Ile Court as required by the provJsions of Section 9554 of the Civ~I Code of the Slate of Califom ia.

The Bond shaU i nme to the benefit of any and all persons, companies, and corporations entitled to file claims undfir Section 9100 of the California Civll Code so as to give a right of action, to lhem or their assigns in any suit brought upon lhis Bond, as •
Ray Carmody d ba Calmodyconslni clr~n Company
7-24
required by and m acoordanoe with the provisfons of Sections 9500 1 et seq. of the Cililil
Code of 1he state of California,.

And Surety. for value received. hereby sijputates and agrees that no change. ,e~ensron o,ftjme, a1terations or additions to lhe terms of the Agreement or to the Work t-o be performed ·lhe-reunder shall In any wise affect its obligations on this Bondi, and il does. hereby waive notice of any such change, extenslon or time, afitetatio11s or additions 1o the· terms of the Agreement or to the Work or to the spec.rLCations.

In the event ·I.hat any ptinojpat above named executed this Bond as an indtvid1J.Jal, it is agreed that the death of any such principal shall 1110:t exonerate 1he Surely rrom tts obligations. under this Bond.

IN WTNESS WHEREOF, this instrument has been duly executed by the above named Prilnoipal' andl Surety, on the ____ day of ____ __ , 20_.

Name of Contractor (Prtncrpal)
Name of Surety
Address of Surety
Telephone
APPROVED· AS-TO FORM:

Cl:TY ATTORNEY'S OFFrCE
Date: - ------
1By:-:--- --::--:---- ----~--
Aaron C. Ha~p
City Attorru:,y
Authorized Signaturerr111e
Authorized Agent Signature
Print Name and T~Je
NOTARY ACKNOWLEDGMENTS Ot= CONTRACTOR AND SURETY MUST BE

ATTACHED
Page D-2
7-25

ACKNOWLEDGMENT
A notary public or other officer completing this
c:e11fficate vertfies only lhe identity of Uie incf11,1idual who signed the dooument 10 'WNCh this certificate rs
attached, and not the lruthfulne"Ss, accvrac:y. o, validllly of that dOQJment
State of Ca!Jfornia
C-ounly of - - --- -------.--' .ss.

On ______ _ __ ___. 20. __ befor-e me, ----- - - - --- ~ Notary Public, personally appeared - ---~-------- ----- -" wtio proved lo me on the !basis ,of saUsfactory evidence to be ~he person{s) whose name(s} fs/are s.ubs.cribed to lhe within jnatrument and aclmowJedged to me thal he/shelthey ,executed Ole same in tiisni.er.lfflleir aulhoomd capacity(fes), and lhal by hisJl1erJUieir signalures(s) on the Instrument lhe person(s), or the entity upon behalf of which the person(.s) acte~. executed the inS'trument.

I certify under RENAL 1Y OF PER JU RY under the laws of the State of California 'that the for.egOing paragraph is true and 001Tect.

WITNESS my hand ar:ia official seal.

Signature,

ACKNOWIJEDGMENT
• A nolBry pub'lfc 1or other off~r comp1etlng lhis
oertlfic:ale vermes only the identity of Uie indiYidual who signed Iha document 10 which trnis certificate is
attached, ,and not Ole truthfulnBSs, accuracy, or "'aridity of thal aoeumenl
State, or California
(Seal)
County of _ _______ - ss.

On------.,....,...- ~ ----- 20. __ before me. ____ _ _ ____ _ _ Notary ~\.1baic, personalJy appe,ar~d .~----------- ----,-- -----­ pmved to me on 11'1e basis of satisfactory ew:lence to be the person(s.) whose name{s) is/are aubscribed to lhe with:in instrument al'KI acknowledged 10 me that helshe.llhey executed the :same in hislher/theJr a.uU'lorlzed capacUy(aes), and lhat by hislherllheir srgnatulie.s(s) on the illstrumenl the person(s), or the enlity upon behatf oi whiOh the per:son(s) acted, exearted the lnstn.imem.

I certify under PENAL TY OF PERJURY under lhe laws of the State of Ca11fomr.a lhat the foregoing paragraph is brue and correct. •
WITNESS my hand and· official seal,
Signarure
.

Ray CaITT'lody dba Carmody Consltuc-Uon Company
7-26

EXHIBIT E

CITY OF NEWPORT BEACH
BOND, NO+--- ·
FAnHFUl PERFORMANC,E BOND
The prfflllium charges on this Bond is $ _________ , being at the rate of$ tll'tousand of the Agreement price.

WHEREAS, lhe City of Newport Beaoh, Stale of CalifornJa, has awarded to ------~ - hereinafter designated as the .. Principal,· an agreement for marntenance andfor 1repa ir servioes [n lhe City of Newport Beach, in strict conf ormily with 'lhe Agreement on file with the office of the City Clerk of the CUy of Newport Beach~ which Is incorporated her~n by this reference.

WHEREAS, Prlncipat has executed or is about to execute· the Agreement and the terms thereof require the iumishing of a Bond for ttie faithful performance of the A.greernent.

NOW, THEREFORE, we, the Prfncipal, and------- ~--~-
____ _______ ________ ___ ., duly authorized to
liransaot bus,lness under the laws of the State of Callfomfa as Surrety (hef'einafter "Surety"), are hetd and firmly bound unto 1he City of Newport Beach. In the s-ul"fl of ( ) lawful
money of the: Ul'lited States of Amenca, said sumi being equal to 100% of the amount of any Letter Prop~a l accepfed by City of over Twenty Five Thousand Dollars a net 00/100 ($25iO0O.OO), to be paid to the City of Newport l8each1 its successors, and -~igns : for which payment well and 1ruly to be made, we bind ourselves1 our heirs, executors and administrators. suooe.ssors, or assigns. jointly ~nd severaOy, firmly by these present.

THE CONDITION OF THIS OBLIGATION 11S SUCH, that if the Principal. ori the Princlpal's heirs, executors, admfnis.tiators. suooessars1 or assign$, faij to abide by, and weU and lruly keep and perfoITT1 any or all the Work, covenants, cMditions, a_nd agreements. in ttle Agreement and any alte-ration: thereof made, as therein provided on its pa rt, 10 be kept and performed a1. the time and in the manner Ulereini specified, and in au respects according to its true intent and meaning, or tails to indemnify, defend, and save harmless the City of NewpQrt Beach, its officers, ,employees and agents. as !herein s1ipulated, Ulen, Surely wlll faUhfully perform the same, fn am amount not exceeding the :sum specified in ·u,rs, Bond; ofherwis,e this obl~9ation shaJt become nua and! vojd.

As a part of the obligation seoured hereby, and in addiji:on to the· face amount specified in this Performance Bond, there shafl be included costs and reasonabte expenses and 'fees, fncluding reasonable attorneys fees, incurred by City, onty in the event City is required to bring an action in law or equity against Surety to enforc-e the obl1g1ations of lhi$ Bond.

Sorety, 'for value recerved. stipulates and agrees that no change. ,exlension of tirne, al.terations or additions to the terms of Hle Agreement or to 1he Work to be performed Ray Carmody dba Carmody Constnpioo Company Be a ch
a ,a ·e...1
7-27
thereunder shall in any way affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, a~terations or additions of the Agreement or to the Work or to the speciftcatlons.

Tihls Faithful Perl'ormance Bond shaH be extend'ed and maintained by the Principal in full foroe and effect for ooe {1} year following the date of formal a-cxeptance of lhe Project by City.

In the event that the Prlncrpal executed this bond a.s an individual, 1t ,rs ag1reed that 1he dealh of any such Principal shaH not exonerate 1he Surety firom its obligations under this Bond,
IN \fVITNESS VVHEREOF, 11is instrument has been du~ executed by the Principal and Surety above named, on the _ _ day of ____ ___ . 20_, Name of Contrac1or (Pfincipal)
Name of Surety
Addrecss. of Su11ety
Telephone
APPROVED AS TO FORM:
·CITY A liTORNEY'S OFFICE
Date: -------
By: _ _ ___ _______ _
Aaron C. Harp
,Cily Attorney
Authorized S1gnature/11Ue
Authorfzed Agent Signature
!Print Name and TiUe
H0TARYACKNOWLEDGMEN1SOF
CONTRACTOR AND SUR~TY MUST BE ATTACHED
Ray Carmody dba Carmody Construction Company
Page
1 E.,.2 Beach
7-28

ACKNOWLEDGMENT
A notary public or other offloef oomple1il'lQ thts
Geflificale verifies only the identity of the indMdiJal who signed the document to whrch this certiftcale i&
attaehedl, ana not the truthfurnes5, accuracy, Clf"vaJidtty of that doCtJment.

Stale of California
County of , ss,
0111 _ _ _______ __, 20. __ before me, _____ ___ ___ _
Notary PUbrr.c, personally appeared --------- ---------- l who, proved lo me an lhe basis or saUsfactory evidence to be the peraon(s) whose name(:s) 1Slare subserlbed ·to the ·wittlin rnstrumenl and acknowledged to me that helsheJUley exacuted the same rn his/her/their aulhorized cepa;c:ity(ies), and that by hi$1her/their sig,natures(s) on tine instrument lhe person(s). or the entil.y upon behatr or which the pe.son(s) acted, executed the nsmrument , oertify under PENAL TY OF PE:RJUR"I' Linder lhe laws of U,e Slate of CsJifol'nia lhat U,e foregoing paragraph is, ltue andl corred .

WIITNESS my hand and Qfflclal teat.

Signawre

ACKNOWLEDGMENT
A notary put)lic or other officer oomplelillQ this
oertif.cate verifies 1onty the idenlity of lhe fndMduaJ who sjgned the document to which lhis certificate 1ls
attachedt and not the truthfulness., accuracy. or validity or that dOC11ment
State of Califomja
(seal)
County of ___ _ _ _ _ ~ ss.

On _ _ ~ _ _____ _, 20 _ _ before me. _ _ _________ _
ND1ary Pl.Jblic, personally :appeared _ _ ____ _____ ___ ____ _, proved to me on lhe basis of satisfactory ewdenoe to be the person(s} whose name{s) Jslare subscribed to 1he within instrument and ac.knowl'edgad to me that he/-shehhey executed the same in his/herflhelr autttarized capaeity(les,), and lhat by nislt,et/H1eir signalures(s} on the· Instrument the person(&.), or the entity upon behalf of which U,e· pa,rson(.s) acted, ex:ecuted the instrument.

I certify under P1ENAL TY OF PERJ,URY und~r ~he taws of the State of Calif omia that U,e, roregoing paragraph is 1rue and correct
Wl"liN ESS my hand and official seal.
-
!Ray Carmody dba OfllJ)Ody' Construptro~ CornJ?any
Page E..-3 eac
7-29
F'mm!
'fat
rte
~blt<t:
!Nit:

CM51FGrrsertkt
'®m:IOS:O
lllfLf@JIM!MO!D
~ Ak!rt.-'Vlsxlar Nlnnller flaUJC0)7,lt
Felkwr; 21., .ml !!.::GUI(, PM
[E:X-1 llt t-:AI. EMAJL I 00 NOT CLJC'K I~ or :11Jn_cl!ml."ll~ llllll~ )00 ~In!! Ille Sl:!lldcr d lmtt"", 1bc Wflkni is.'S!lfl:,
This M.'OOWlL lt.2) r~rd I~ 110n•oompli1111a l:o COMPUANT stnLus m1d I~ 1:11rrmcl)' 1111"" mp_llU111:C rur ... ~r1;1'itI1lr:
nf in9ilr.mo~ !i:qt1Uffll-cnls, FV'OOOl'.!072:9 Carmod}' C(Wl,1rur1loa C11mpur:I,)' City of Newport Beach
7-30
. nnr dy onslructlon u111p, 11
1241) 8ird1 Tr<tt Cl.

Ln Ila~ m. CA 9063 I
7 l4.870.4MO
City of'Ntifill'f)l(ln. Peach
, m s~fior Avais
N~BadlCA9166.J
,\ru, ; B,11 Le1111x.-d~
l •i..m Descllptlon
Cit)' or-Ncwp11r11 Bcael1
Onsb: Smior Cml.ff
801 lll;ve£ul.Q Aw-c
Ncwpm1 Beach, CA 926:l.S:

At10: BIU Lculkcbc?r
We ~ •Jici foLlo'A'fng sa,pc of v.'trr1c: 10 rqMir dnmagc 10 1lx rrv,11 of die b11ildfna; t. Remove Ullld~ • $1~ \1~11' , wood fmmiJlg.. waU board rmd ~vt1d mil1Wt;Jrt.

2.. R..,.r'l'nfllQ ,.tu.mngcd ~Ton aflawcr ..... u.

I

3. tt®lf!Jllln. dr:yw11L nnd milfw\'lrt n:-imin.r.til'ln. ... Infill ru'bbcr base rmd Rpa.itn affc=d ~

5. Provide ~ mm pa1111l5:. bu.ihimg 'WmJI ~ic biicb:f and 1wnl! ~, al' affected ~ C.i-y 10 pwvide :liOllC vmca-p1111cls.

6. R.troovr: lid fel)l.w:e .:in .a.Q"tttcd .!rtordhuiL wmdon ad flilllJlQ.

1. J~ite elC!IJHlfl end ~isposal of job soils.

R. Twc, orHite i"'°"""ltoo!i witJI Ci,)' iospcd,cw.

C - -I) _ Pt:rlbrmancx:-arid l...ol!orr Boods ~ ~ ,.i...., , l ,,.,~,,..,,, ~
Total
Estimate
40ll:IR
Ae
DlllNiluc:RCIJJir• ~LS
TCIIBI
1$BfUIG
l .720.00

1.210.00

1.no.00
Z~700.00
.28.316.00

45.0.00 1.200:00
l.PlS.00
Ci y of p~
1 ort Beach
I
7-31
~l' 1 onslm lion ompilil
1240 l11rch rr~,: C I.

L.:i I{ 1hra, .. ,.. 90t'H
714.R7il.4640
~JAddnl&a
Cr!)' ot" I\~ Bel.Klli

5.92 Suptrit1r A \'ldMI.C!
~"c~ Dcw;b CA t.zU3i
Ann: Bill ~lbechcr
bem
N01"m~
~
- W«rk will mke up Do 14 do)'Si to t(lmf,k.<fc
I
&rimun:d Job Cosl:
l:tbc,r • S -~.260.00
Mll.lcrials. 126,716.00
BoDlls:- .Sl ,-02:5..00
Ci y of
page2
Estimate
Dato
CJIUJ024 -4081R
~
Dalldilll!I Rqialr- Oas&.

To1al
I
Total $4:Z.001,00
rt Beach
7-32
Premium: Included In Performance Bond
EX'Hl8'l D
CllY OF NEWPORT BEA.OH
BOND NO. 4475734

LABOR AND MATERIALS PAYMENT BOND
WHEREAS~ the City of New,port Beach; State of California, has awarded to Ray Carmod~ dba:*(1) hereinafter designated as the ·Pirinclpal," an agreement ror maintenance and/or repair seNices, iri lhe City of Newport Bach, in strict confomrty wHh lhe Agreement on lile with 1he office of lhe Cit), Ct'erk 1of the City of Newpon. Beach, which rs Incorporated herein by this reference.

VIJlil EREAS. Ptiocipaf has executed or ii about to exea.de the Agreement and the 18:ITTll!i theJeOf requlre the rurnJBhing of a bond, p110~ing that if Principal or any of Pr1ricipal's suboonttactors, ahalfall to pay rcir any malerlals, provisfons, or other supp1ies u.sed in. upon. for, or about the perfoITT1ance of the Work asreed to be clone, or for any work or lab1:Jr done thereon of any kfndi. the Surety on this boi1d wlll1 pay the same to the extent hareinafter set torth.

NOW, THEREFORE, We the undersigned Prh1clpal, and, Stue Tee Insurance ,company duty aulhorked to trat'lsaet busil'18S6 under the laws of the state of1Cafifomla, as Surety, (referred to he:rel~ as ·suretv, are heJd! and rinnty bou,l'lld ufllto the City of Newport Beadll, In the sum of FortY-lwo lhousand one and 00/1,00 Dollars ($42.00,1.00 ), lawful money of lhe Unlted States of America, said sum being equal to 1 OD% cf the amount of any Letter Proposal accepted by City of over Twenty Fi'rJe Thousand Dollars and 00/100 ($25,000.00). payable by the City of Newport Beach under the terms of the Agreement; for whm payment wen and truly to be made, web nd ourseMJs. our heirs, executors and administrators, successors► ar assigns, Jointly and sevef'BUy, firmly by these presenL
THE OONDmONI OF THlS 0Bl1GATION IS SUCH. lh&t ~f the Principal or the Princ[pa1's subcotitraciars. faR lo pay for any materfa!si pKWEsilons. or other supplies, implemants or macnlnery used in1 upon, for, or ab<,ut lhe performance of the Work contracted to be done, or ror any olher work or labor thereon of any kind. or for amollJlts due under the Unemployment ~nsura11ce Code with respect to such wo:r1t or labor► or far any amou nfca required to be deducted ► withheld and paid over to the Employment Development Department from the wages of rnpt.oyees of the Prtncfpel and subcontractors pursuant to Section 13020 of th8· Unemptoymerit Insurance Code withi respect to such work and labor; lhan lhB Surely will pay for the same,, In an amount not exceeding the sum speclffed In this Bond, and also. Ul (:8Se suit is brought to enforce Um obligations oflhis Bond. a reasonab1e attomeys' fee, to be fb<ed by lhe Court as requrred by 1he provrsrons. of Section 9554 or the CMI Code of the Sl'8te of California, The Bond shall 'nure to the benefit of any and aU persons, companies. and oorpara:tions cntitJed lo file claims untktr Section 9100 of lhe caafomia ctva Code so es to give a right of adion lo them or their assig111s In any svil brought upon 1hls Bond. as *( 1) Carmody ConstrucUon Co.

Ray Carmody dDa Page D-1
7-33
required by and In aocoroance wftll the provisions or Sections 9500 et ssq. or lhe Civfl Code of the State of Callfomia.

And Surety. ror value received. hereby stipu1a1es and ag~ees 1hat no change, extension of time, alterations or additions to 1he terms of the Agreement or to the Work to be perfomiecil 1herwnder shall in any wlse a~ its obligalio11S on this Bond, and It does hereby waive notice of any such change, exl'ensron of time, alterations or additions to the IBrms of lhe Agreement or to the Work or to the SJJeciflca.tions.

In the event that any princrpaJ above named eJ(eeuled 1his Bond as an indlviclual, h is agreed lhat the dea.'th of any such principal shall not exonerate the Surety from its oblfgations Wlder lhis Bond.

IN WITNESS VtJHEREOF, tlhls Instrument has been du1y e:Nleculad by lhe above named Principal end Surely. on the 271h day of June . 2024 Ray Carmody dba: Cannady OonstrucUon Co.

Name of Contractor (Pnncfpal)
SufeTec Insurance Company
Name of Surely
2103 CityWesl Blv<L, Sutte 1300
Houston, TX n042
Address cf Surety
800.288.0351
Telaphone
APPROVED AS TO FOAM:

CITY A TTORNEV'S OFFICE
□ate~ 7/ \\ /l~ 1 1
By:.~~;,,,,;;_~- :....i..!A--t-t==~--~
.
ey
&JI,,. .J., Q ......... /,-,..J-1--
A ollized Signaturemtte 1
Samantha 1Orf, Attorney-In-Fact
Pml Name and Tttle

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

AITACHED
Page D-2
7-34

ACKNOWLEDGMENT
A notary p.ibtic or Olher officer compleling lhis
oedificate ve.rtfies onty the identity al the individual who ~ the document lo whidl thl& certtllca• Is
auached. and not the tn.i.lhfulness~ accuracy, or validity of lhat <kk::-.iment.

State of caurcmia
County of tl.l'l'I ss. p
On -~~=i::11-..._,,. -.-__ _. 20 Ui before me, J). J"d. .

Nolary Public, rsonally appeal'eCI d, ~ lJ - C CA,,.':Uro 19<ti.f . . who proved lO me on the basis af salisfactOJ'Y evr nee lo be ltle person(s.) ~f105e name('S) islam subsCJbed 10 the within in&tnl'nertt and ad<now1edged ta me that halshalthey executed the samu In l!IEslherlU'leir authorized capecily(fes). and Uiat by hialherltheir signatures(s) on lhe instrument lhe perscn(s). or lhe entity upon behalf ofwfljcb 1ne persor,(1) acted, •~eCLiilea the inslnJment II celtify umler PENAL TY OF PERJURY under the laws of lhe state of CaliTomla Iha\ the f'Qregaing paraglclph fa lrUe and correct
WITNESS my hand and offii;;il:d seal.

SigoalY:
i···········-

ACKNOWLEDGMENT
pubnc or olher officer completing lhls
es cnty lhe fdenlil:y of the lndlvld'ual who
signed the . ment to whfch this certificate rs
al13eh d, :and net trulhfutmma. accunmy , or valldrty
of tllat d0t.4Jment
Sl,ite of Canfomia
Counly of ________ -,,,.:
~ -----~---- 20_,_
(seal)
Notary Public.. personally appeared ___ ......,_~-- - ------------- proved to me on lhe basts of satisfactaty ewde to be Ula person(s) whose name(l!I) ls/are sub.sailed to Iha 'Mthfn fnsirumenf end acknowledge • mo um ll'le/&'helthey executed lhe same In hl'Slherithelr aulharized capacfty(m), and that by hillU'NW" 1111"""r s'1gna1:ures(s) an the f.nslrument the persoo(s), or the entity upon behalf of wltictl ll'le peraoo(s cted. executed the nstrumenL I certify under P8NAL TY OF PERJURYunaar 1ne laws of the State 0 paragraph ts h'uo and conact.
't.1TNESS my hand and official seal,
Signature
PageD-3
7-35
A notary public or other offl0ef completing this certifil:ate verifies ooly 1he tdentily or the fndMdtJal who signed 1tte-document to which this certffiGate rs attached, lilf!d not the buthtulness. 81:QJracy. Of vallcUlv or rthal document.

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of Califomla
Couot~ of San Bernardino
on )une 21, i2Q24 before 1me pytan partcer, Notary PYbHc, personally appeared. ____ .-:i=.Sama-.mDlba.r.11.o11;.;0-.lf,.__ _____________ _ who proved to me on lhe basis of ~sfactmy evidence 10 be the person(&) whose nam~ tstai:e Stlbscribed to, ltle within Instrument and acknowledged h> me that M/6he/lM,y exectJ1ed lhe same in *herttAelf au1hor:lz:ed capacity(--, . and that by ~ slgnalu~ on lhe Instrument the petson(e.), or lhe entity upon behalf' of Whtch the per&.01$} acted, executed the f.nstrument
I certify under PENAL TY OF PERJURY under lhe laws of the State of California that 1he fo11egoing paragrapn l-g true and c.orrecL
WITNESS my nand and offic:1al seal.

Signature. _ ___..,;«;,.Z-~ ... £ .... ,____,{M,"'-""',__----_____ (Sea~ Ci y of ewport Beac
7-36

JOINT LIMITED POWER ,OF ATTORNEY
dtO'W iU 1\,1 fl,111'!' MU 'f!CSOla: l'hll !linhdl!IW'lnm Cmiipan,.a ~alun -Cll'■ilrmad llllllrulliw llllillf dw ilwld h 5ut111 al 1 Tl!'D1 •llll'NVll!I
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I ewport Beac
7-37

EXHIBITE

CITY OF NEWPORT BEACH
BOND NO. 44 75734
FAl'JHFUL PERFORMANCE BOND
The premium charges on lhls Bond is S 1,050.00 beina at lhe rate of S 25.00i thousand of ttte Agreement price.

Wfi ER;AS\. the City of Newport Beach, State of Calif om.a, has awarded to Ray Carmody dba~ (1} herelnatler desJgnated as the "Pnnclpal, .. an agreement for maintenan.oe andlor repab' servicwJ in the City of Newport Beach, in strict conformity wit, Lhe Agreement on fite with lhe office of the City Clerk Df the C;fy of Newport Beach. which 1s incorporated herein by this reference.

WHEREAS, Prtnc[pal has executed or is about to ~ts the Agreement and the terms thereof require the furnishing of a Bond for the 1aittrful performance of ttle Agreement
NOW, THEREFORE. we, 1he PrfncipaJ, and _ ___ _______ _ _ Sure Tee tnsuraoca Company . d'uty aulhorized to
lnH1saot business under lhe laws of lhe State of catifomJa as Surety (herelnafter usutety·). . are tleld and firmly bound unto lhe City of Newport Beach1 in the sum of Fortv:;two thousand one and Cf0/100 ( $42t001.00 ) lavdul money of the Unfted States of America, said sum being equal to 100% of the amount ,of any Letter Proposal a~ted by Ctty of over Twenty Five Thousand Dollars and 00/1 DO ($25,000.00), to be paid to the City a Newport Beach, Its suceea.oors, arid aasig11s; for which payment wen end truly to be made, we bfnd OIJ.Jr$8W8&, our tlelrs, executors and administrators, successom, or assigns, jcintfy and &e11eralty, ftrmly by these presenl THE CONIOITfON OF THIS OBLIGATION !S SUCH. that ~f the Ptrfridpal, or d'le Princlpal's heirs, executors~ a.dminisirato~. successors. or assigns, fail to ablde by, and we4r and truly keep and perform any or all the Work, covenants, cooditions, anCil agreements rn the Agreement and any alteration U,eteof made as thereln provided on tts part, to be kept and performed at the time amt in the manner ther&in specified, and in all re&pects accon:llng to It$ true rnte11t and meanJng, or falls to fndem11lfy1 defe,id, and save harmfegs lhe Cfty of Newport Beaoh, its officers, employees and agents, as therein st,ip1,1fated, 1hen, Surety wur faithfully perfonn the sa1111e, tn ari amount not exceeding lhe sum specfffed in 1h•s Bend; otheJWise this obllgeJion shall become null and void As a part of the obligation aecured hereby. and in addition to lhe face amoi.ml sµecrfied in lhr$ Performance Bond. lhem shall be incluCiled costs and reasonable e>cpenses and fees, including reasonable attomeys fees, Incurred by Clty, only '" 1he event City ls requiffjd lo bring an action rn iJiw or equity agalnst Surety to enforce U,e oblfgatlons of ttlis Bond.

Surety, for va1ue recerved, stipulates and il:IJlrees ttn11t no change, 1exter,sion of lime, alterations or additions to the terms of 1he Agreement or to the Work lG be performed Ray Caffllody dba Cannedy Canslruction Company 11(1) Cam10dy Construction Co.

Pct~e 1 t
7-38
thereunder shall in eny way affect Its oblrga.tions on lhfs Bond, anot lt c:foes hereby waive notice of any such dlange1 extensro" of time. alte1&tfoos or- additions Df the A,greemei,,t or to the Work or to the specifications.

This FaithM Perfcnnart(& Bond snalf be extended and maintained by the Principal rn full force and effect for ,one (1) ~ear following the date of formal acceptance of lhe Pirojed by City.

In lhe event lt!at Ille Principal executed this borid as an individual1 it ts agreed lhat the death of any such Princfpa1 shall not exonerate the Surety from its obrlgatfons under this Bond.

IN WITNESS WHEREOF. this. lnstn..iment has .been duty executed by the Principal and Surety above named, on the 27th day of June 2024 .

Ray Carmody dba: Carmody Conslrucllon Co. /.~'1!6 Q....,,t,, /e.,..J;.- Name of Contractor (Prlnc[pal) A • d Sig aturelttfl
SoreTec l;iisurance Company
Name of Surety
2103 CityWest Blvd., Suite 1300
Houston, TX TT042.

Address of Surety
800.288.035,1
Tel~hone
APPROVED AS ro FORM=
CITY ATTORNliV'S OFffCE
~ : t~'~ ~ )
Sams11tha Orf, Attomet-ln:-Fact
Print 'Name al\CI Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
7-39

ACKNOWLEDGMENT
A notary rpublic or other offiwr i'.Xlmp~tmg lhls
Ctitlflcate. verifies anly lh& fdentlly Qf tl\9 INJiVIduat who s,gned the docum!lnt to which this certi&ote is
attathed, and oot tha truthfulness, ~curacy, or va6dily cf tl'ila:t documant
state of California
C0unly of a., ss.

On __ ~!.:J--~ '--------- 20 . ...c;;ll-­
Notary PubQc,, rsonally appeared -J.:l..~i---,---,,J,...,L, ~ ~ ~~------ ~~-· who proved 'to me on lhe basis or satlsfactc vJdence to be lhe person(s) whose name(s) is/ere subsGlibed to the wllh lnslrument and acknowledged to me that helshelthey executed the same io hls/MrAheir aulborized capadfy(ies), aNI that by hislhertthefr signebnM(ti) on lhe instrument lhe person(s), or U.e entity upon behalf of which the penmn(8) sotad, executed tne inslrnmenl I certify under PENAL'TY OF PSRJURY under D1e laws oflPie state or Califom!a that die faregalng pan,gnaph Is true 8/ld co1111Cl J • • z •.i,. :r: 0 • • f \l\'ITNESS my hal'Kl and official seal,. i ~-~~Ol'IIIII r. _ ~ .. ~ 4: ' j ~n~ -~ &&q - ~ , ~ .11,i JO, iii1: f Signature (seal)
ACKNDWLEDGMatT
A na public or othef offloet co~pletlng: this
certificate Vl!l[]IJIBB only lhe ittenttty of too fndiltla.uaJ who signed the to wh1dil this certmcate is
attached, aMI not ltl.rthfLllr1sss1 aecur,acy, or vali.dity af that document
Sia ta ar Ciitir omie
County af ____ ___ ..;::i;.,i
On_......_,....,.. _____ __ 2_-.lll;_
Notary A.lbllc. peraona.11y eppaamd __ ~ ______ ______ _, p11Wad to ma on the bas a of aalisfactory _,...IArv-a lo be lhe person(&) whose l\ame(s) islara euba.cribed lti lhu wllhin nstn.nient am,a acfmowS1eam lo me that heJ5he/they executed the same in hlsJherJlheir au1hori2ed capadi)11es,. atM:I that by n • erltnair signatums<a) on ll'le instrument thn p l"IOn(s). or the enHty upon behalf dJ wtiich the ......... ,,_ .. ,. acted, exet:umd the il'lstr\Jmetil I mrtily under PENAL TV OF PERJURY tmder the laws of the State CaMomia that~ roragotng parsgraph 15, lnJa and correct.

WITNESS my ham ancl afflclal seal.

Sfgnewre
eac
7-40
A notary public or dher offlcor completlng this oertil'Jc.ate vermes 0n11 I.he lden'llly of tne lndlv5duel who signed ~e document to which U,iil cflltillcati Is attached. and not Ute tru1hftillne:ss, accuracy. or w11d'itv or ihat ~menl

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State Of CeUfomlB
County of S:an Bernard[ng,
Oo June 27, 2024 befol'e me Dylan P,ar:1ker, Notary Public, personany appeared Samantha Orf
who proved to n,e on the basls of satisfactory evidence tqi be U,e person(.&) whose name(e} lslai:e subscribed lo the wlUim instrument and admowtedged to me 'lhat Mish~ executed ·the samt) in MS#herJIReif ~uthorized capacity~ . and that by hi6/1'1erl!Mif signature(.&; oo the fnstrument ttle person(B), or U,e entity upon behalf or which the F>9rsonW acted, executed the lnstrumanL
I certify under PENAL TY OF PERJURY Under the raws af ~e Slala of California that Iha foregoing paragraph is true and coffl!Ct.
\IVITNESS my hand and official seal.

Signalure_~-24 ...... •• ...... _L: .......... -. ·-~--..,_ ____ (Seal) Ci y of ewport Beac
7-41
POAHI 1510005
JOI NT LIMITED POWER Of ATTORNEY
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Ci w Beac

7-42

ATTACHMENT B
AMENDM ENT NO. ONE TO

ON-CALL MAINTENANC E/REPAIR SERVICES AGREEMENT

WITH RAY BRIAN CARMODY OBA CARMODY CONSTRUCTION COMPANY

FOR ON-CALL GENERAL BUILDING MAINTENANCE SERVI CES

FOR PUBLI C WORKS
THIS A MENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 30th day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAY BRIAN CARMODY, a sole proprietor doing business as ("OBA") CARMODY CONSTRUCTION COMPANY, ("Contractor"), whose address is 1240 Birch Tree Court, La Habra, California 90631, and is made with reference to the following:

RECITALS
A. On February 22. 2022, City and Contractor entered into an On-Call Maintenance/Repair Services Agreement ("Agreement") to perform on-call maintenance and/or repair services for City ("Project").

B. The parties desire to enter into this Amendment No. One to increase the total compensation due to t he volume of work exceeding what was originally anticipated.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval o f City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Hundred Eighty Seven Thousand Five Hundred Dollars and 00/100 ($187,500.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for additional Services to be performed i n accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Thirty Seven Thousand Five Hundred Dollars and 00/100 ($37,500.00).

Ray Brian Carmody dba Carmody Construction Company Page 1 7-43
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below.

APPROV ED AS TO FORM:

CITY ATTORN EY'S OFFICE
Date: 7 !Zs/2.'--1
By:-,4'-£.L.,,· 11'-'--/ A:,_i.:....=......:.~:....::....~· )'---~ ATTEST:

Date: 1,&). 7fRf
., ~:£~ Leilani I. Brown
City Clerk

CITY OF NEWPORT BEACH ,
a California municipal corporation
Date: r h ... 9/2tf
.,~~
Grace K Leung
City Manager
CONTRA CTOR : RAY BRIAN
CARMODY, a sole proprietor doing
business as ("OBA") CARMODY

CONSTRUCTION COMPANY
Date: ---------
Signed in Counte rpart
By: _______ ____ _
Ray Brian Carmody
Sole Proprietor
[END OF SIGNATURES]
Ray Brian Carmody dba Carmody Construct ion Company Page 3 7-44
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: ~l .:'..~IZ'-<

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: _______ _
By: JJ. ~ J (G,\
,\9ront . Harp"
C'ity Attorney
By:. _________ __ _
ATTEST:

Date: ______ _
By: _ ___ _ _____ _ _
Leilani I. Brown
City Clerk
Grace K. Leung
City Manager
CONTRACTOR: RAY BRIAN
CARMODY, a sole proprietor doing
business as ("OBA") CARMODY

CONSTRUCTION COMPANY
Date: 7 -2 4 · 2.4
A-:-; )
By~/~l-~ ~1--taL.

Ray Bria Carody I
Sole Proprietor
[END OF SIGNATURES]
Ray Brian Carmody dba Carmody Construct ion Company Page 3

7-45

ATTACHMENT C
AMENDMENT NO. TWO TO

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT

WITH RAY BRIAN CARMODY OBA CARMODY CONSTRUCTION COMPANY

FOR ON-CALL GENERAL BUILDING MAINTENANCE SERVICES

FOR PUBLIC WORKS
THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 10th day of February, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAY BRIAN CARMODY, a sole proprietor doing business as ("OBA") CARMODY CONSTRUCTION COMPANY ("Contractor"). whose address is 1240 Birch Tree Court, La Habra. CA 90631, and is made with reference to the following:

RECITALS
A. On February 22, 2022, City and Contractor entered into an On-Call Maintenance/Repair Services Agreement ("Agreement") to perform on-call maintenance and/or repair services for City ("Project").

B. On July 30, 2024, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation due to the volume of work exceeding what was originally anticipated.

C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to February 21, 2027
NOW, THEREFORE, ii is mutually agreed by and between the undersigned parties as follows:

1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on February 21, 2027, unless terminated earlier as set forth herein."

2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
Ray Brian Carmody dba Carmody Construction Company Page 1 7-46
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below.

APPROVED AS TO FORM :

CITY ATTORNEY'S OFFICE
Date: 02./oc,/z 5
By: ~e tfll~ Aar C. Ha~
City Attorney
ATTEST:

Date: ). .J3-;}.f)'J-£
lac
By o@d; ~ •
Leilani I. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1, - r,, ✓ ,io-zh
.,~ DwW Da 1d ebb
Director of Public Works
CONTRACTOR: RAY BRIAN CARMODY,
a sole proprietor doing business as
("OBA"} CARMODY CONSTRUCTION

COMPANY
Date: ________ _
Signed in Counterpart
By:. _____ ______ _
Ray Brian Carmody,
Sole Proprietor.
[END OF SIGNATURES]
Ray Brian Carmody dba Carmody Construction Company Page 2 7-47
IN WITNESS WHEREOF , the parties have caused this Amendment No. Two to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
Date:

ATTEST :

Date: ______ _
By: ___ _ _______ _
Leilani I. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ________ _
By:, _____ ______ _
David Webb
Director of Public Works
CONTRACTOR: RAY BRIAN CARMODY.
a sole proprietor doing business as
("OBA") CARMODY CONSTRUCTION

COMPANY
Date: 'L - I O - 2 L
•~?.~00,:4?
Sole Proprietor.
[END OF SIGNATURES]
Ray Brian Carmody dba Carmody Construction Company Page 2

ATTACHMENT D
7-50
AMENDMENT NO. THREE TO

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT

WITH RAY BRIAN CARMODY OBA CARMODY CONSTRUCTION COMPANY

FOR ON-CALL GENERAL BUILDING MAINTENANCE SERVICES

FOR PUBLIC WORKS
THIS AMENDMENT NO. THREE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 15th day of April, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAY BRIAN CARMODY, a sole proprietor doing business as ("OBA") CARMODY CONSTRUCTION COMPANY ("Contractor"), whose address is 1240 Birch Tree Court, La Habra, CA 90631, and is made with reference to the following:

RECITALS
A. On February 22, 2022, City and Contractor entered into an On-Call Maintenance/Repair Services Agreement ("Agreement") to perform on-call maintenance and/or repair services for City ("Project").

B. On July 30, 2024, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation due to the volume of work exceeding what was originally anticipated.

C. On February 10, 2025, City and Contractor entered into Amendment No. Two to extend the term of the Agreement to February 21, 2027.

D. The parties now desire to enter into this Amendment No. Three to increase the total compensation due to the volume of work exceeding what was originally anticipated.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Three Hundred Eighty Seven Thousand Five Hundred "Dollars and 00/100 ($387,500.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with th_is Amendment No. Three, Ray Brian Carmody dba Carmody Construction Company Page 1 7-51
including all reimbursable items and subcontractor fees, in an amount not to exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00).

2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
Ray Brian Carmody dba Carmody Construction Company Page2 7-52
IN WITNESS WHEIREOF, the parties havEJ 1caused this Amendmen~ No. Three to be executed on the dates written be1ow.

APPROVED AS T10 IFORM:

CITY A ORNEV'S, OFFICE
Date: Si •
ATTE,ST:

Date: -------
By. ___________ _
Leila nl I. Brown
City Clerk

CITY O'F NEWPORT BEACH,,
a California munlcipa1 corporation
Date: --------
By. ___________ _
J.oe Stapleton
Mayor
CONTRACTOR: RA y 1B1RIAN CARMODY I
a sole proprietor doing business as
C-DBA•) CAIRMODY CONSTRUCTION

COMPANY
Date: ------- -
By:. ___________ _
Ray Brian Carmody,
Sole Proprietor
[END OF S
1 IGNA.TURES]
Ray IBtian Carmody dba Carmody OonslructioTi1 Company Pag.e 3

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 8
ABSTRACT:

The Public Works Department solicited proposals from qualified firms for construction management for the Fire Station No. 1 / Balboa Branch Library replacement project.

Twenty firms submitted proposals. After a review of the proposals, Griffin Structures, Inc. of Irvine, was determined to be the most qualified to provide the requested construction management services for the project.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Griffin Structures , Inc. for the Fire Station No. 1 / Balboa Branch Library project construction management contract for a total not-to-exceed amount of $1,220,750, and authorize the Mayor and City Clerk to execute the agreement.

DISCUSSION:

The existing Balboa Branch Library and Fire Station No. 1 are located at 100 and 110 Balboa Boulevard, respectively. The existing library was constructed in 1929 and has undergone several expansions and rehabilitations over the years. The library is currently a series of several rooms that add up to approximately 4,500 square feet; including about 360 square feet dedicated to historical society displays. The fire station was built in 1962 and houses three fire personnel in its approximately 3,400 square feet. The entire site is approximately 24,000 square feet.

Both facilities were evaluated as part of the 2021 Facility Condition Assessment and rated as being in poor condition due to environmental and age-related deterioration.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Approval of Professional Services Agreement with Griffin Structures, Inc. for the Fire Station No. 1 / Balboa Branch Library Construction Management (Project 23F12)

--
Approval of Professional Services Agreement with Griffin Structures, Inc. for the Fire Station No. 1 / Balboa Branch Library Construction Management (Project 23F12) April 15, 2025

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On January 10, 2023, the City Council awarded a professional services agreement to COAR Design Group (COAR) for the design of the replacement facility. COAR worked with various City of Newport Beach departments and an ad hoc committee of the Board of Library Trustees to design a co ncept, layout and initial themes. These themes were presented to the full Board of Library Trustees and the Parks, Beaches and Recreation Commission.

After incorporating suggestions from public feedback received on the concepts, the themes were presented to the City Council on May 14, 2024. The Council approved proceeding with preparation of building plans for Concept 1A.

The building plans are approximately 60 percent completed at this time and staff has started the building permitting process. It is generally preferred at this stage to award the construction management contract prior to soliciting for bids so the bidding documents can be reviewed for constructability and budget accountability. The construction management firm will team with City staff an d the design consultant in preparing the project for bidding. Following the bidding process, the construction manager will continue assisting the City with management and oversight of construction and post -construction activities.

The project is scheduled to go to bid in late Summer 2025 with construction beginning in Fall 2025. The construction duration is expected to be 18 months. With that, staff recently issued a Request for Proposals (RFP) to provide construction management services for the Fire Station No. 1 / Balboa Branch Library project.

A total of 20 proposals were received. The proposals were evaluated by staff and 12 of these proposals earned a minimum of 70% for an average technical score. The top three firms were contacted and interviewed to gain further insight into their approach, staffing and technical capabilities. Griffin Structures (Griffin) emerged from the evaluation process as the highest rated firm. The resulting scoring is as follows:

PROPOSER TOTAL SCORE
(Out of 300)

OVERALL RANK
Griffin Structures, Inc. 279 1
PMCS Group, Inc. 258 2
Tynan Group, Inc. 252 3
Anser Advisory 247 4
STV Construction, Inc. 241 5
Cumming Management Group, Inc. 237 6
Vanir Construction Management, Inc. 235 7
Safework, Inc. 234 8
Hoch Consulting 231 9
Willdan Engineering 225 10
Nexgen Construction Management 224 11
Interwest Consulting Group, Inc. 218 12
Griffin has completed a wide range of projects including those with a very similar scope to the fire station / library replacement project . Griffin has previously demonstrated a strong commitment to cost and schedule control.

Approval of Professional Services Agreement with Griffin Structures, Inc. for the Fire Station No. 1 / Balboa Branch Library Construction Management (Project 23F12) April 15, 2025

8-3

Griffin’s experience includes libraries and community centers in Yorba Linda, Santa Ana, Santa Clarita, Salinas, and Tustin. Its experience with p ublic safety projects i ncludes facilities in Orange, Buena Park, Manhattan Beach, Tustin and Carlsbad. Griffin’s local experience has included the construction management of Marina Park and Witte Hall, which is currently under construction.

The negotiated fee is approximately 7.6% of the estimated construction cost, which is in line with industry standards on projects of this scale.

The proposed construction management services scope of work includes, but is not limited to the following:

 Provide design and constructability reviews of the bid packages  Assist with public bidding, including the pre-qualification of bidders and award process
 Conduct all on-site administration, observation and management  Continually manage the project construction cost and schedule  Provide quality assurance and quality control
 Administer and document weekly construction coordination meetings with the contractor, design consultants, and City
 Review payment invoices, change orders and facilitate negotiations  Manage, track, follow-up, and close-out all Requests for Information (RFIs) related to design clarifications, material submittals, approvals, etc.  Analyze and update the construction schedule and coordinate phasing plans  Provide post-construction services, including construction punch -list management and completion
 Oversee substantial and final completion processes, and project acceptance and close-out.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for this service. It will be expensed to CIP Balboa Li brary/Fire Station No.1 replacement project budget, 53201-980000-23F12. Funding for the project is from the Facilities Financial Plan (FFP) fund. The FFP is a long -term financial plan to fund the construction and or renovation of significant community serv ing facilities. The consultant's proposed not-to-exceed fee for construction management services is $1,220,750.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Approval of Professional Services Agreement with Griffin Structures, Inc. for the Fire Station No. 1 / Balboa Branch Library Construction Management (Project 23F12) April 15, 2025

8-4
NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Location Map
Attachment B – Professional Services Agreement

VICINITY MAP
Attachment A
8-5

CITY OF COSTA
MESA

PROJECT LOCATION

BALBOA BRANCH LIBRARY/
FIRE STATION NO. 1

REPLACEMENT PROJECT

LOCATION MAP

JOHN WAYNE

AIRPORT

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8865-1 01/10/23

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ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
WITH GRIFFIN STRUCTURES, INC. FOR

CONSTRUCTION MANAGEMENT SERVICES FOR
BALBOA BRANCH LIBRARY AND FIRE STATION 1
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 15th day of April, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ·- -GRIFFIN STRUCTURES, IN&., a California corporation ("Consultanf'·kwhose address is, 1 Technology Drive Suite 1829 and is made with reference to the following:

RECITALS
• A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. City desires to engage Consultant to provide construction management services for the Balboa Branch Library and Fire Station 1 Project, including professional construction management services for the pre-construction, bidding, construction and post-construction phases of the project, working closely with City project staff reviewing construction documents, analyzing bid proposals and project schedules, supervising and construction oversight, collaborating and providing occupancy services such as project close-out and job walks and related site improvements ("Project"). •
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement.

D. City has solicited and received a proposal from Consultant, has reviewed the previous experience arid evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. ,. •
'i
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on January 7, 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion.
8-7

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control.

3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail.

4. COMPENSATION TO CONSULTANT

4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all ·reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Twenty Thousand Seven Hundred Fifty Dollars and 00/100 ($1,220,750.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City.

4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff.

4.3 City shall reimburse C_onsultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City.

Griffin Structures, Inc Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B.

5. PROJECT MANAGER

5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Robert Godfrey to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

5.2 Consultant, af the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.

Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Man~ger's cellular phone number shall be provided to City.

6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's Director of Public Works or designee shall be the Project Administr~tor and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule.

8. STANDARD OF CARE

8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all S~rvices in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Griffin ~rbetures, Inc Page 3
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competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City.

By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards.

8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement.

8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.

9. HOLD HARMLESS

9.1 To the fullest extent permitted by law,_ Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them.

9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. -

10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are u~der the-control of Consultant, except to the extent they are Griffin Structures, Inc Page 4
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limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees.

Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services.

11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project.

12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City _goals and policies.

13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.

14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at ifs own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
• Except as specifically authorized under this Agreement, the Services to be • provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.

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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. . Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it creafe any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted . or subcontracted out without the prior written approval of City.

17. OWNERSHIP OF DOCUMENTS ·

17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, • biogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party.

Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17:2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17 .3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat.

18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.

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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement.

20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. •

21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. • Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums.

Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned ori its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement.

23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.

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24. CONFLICTS OF INTEREST

24.1 Consultant or its employees may. be subject to the provIsIons of the California Political Reform Act of 197 4 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material. breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first­ class mail, addressed as hereinafter provided.

25.2 AU notices, demands, requests or approvals from Consultant to City shall be addressed to City at:

Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at:

26. CLAIMS
Attn: Jonathan D Hughes
Griffin Structures, Inc.
1 Technology Drive Suite 1829
Irvine, CA 92618
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment.

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Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner-required,-that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written -notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

28. STANDARD PROVISIONS

28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated ,by reference into this Agreement.

28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature. whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

Griffin Structures, Inc Page 9
8-15

28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

28. 7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

28.1 O Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Griffin Structures, Inc Page 10
8-16
IIN WITNESS WHEREOF,, the parties. ha1Je caused this Agreement lo be e~eo1.11ted on the dates wrilite n below.

APPiROViEID AS T1O IF,ORM:

CliTY A TTORN EY',S O'.FFICE
Date: 3 / :;u 7 ... ~
'
CITY OF NEWPO'Rli BEACH1
a Caliromia municipal corporation
Date: --------
1 By~ ~~,... m o-ni:;;i~ fur
Aaron fTurp ~ l,/,
By: ________ ___ _
City Attorney ~ . >,+
ATTEST:

Dale: -------
Joe Sta p1eton
Mayor
OONSULTAtrr: GRIFFIN
SfRUCTU RIES, INC, a California
corporation
Date: ____ ____ _
By: ___________ _
Leilani I. Brown
By: ___________ _
Ctly C!erk
Attachments:

Dustin A,amo,
Vice Presidenl
Date: --------
By: ________ ___ _
Jol"lalhan D Hughes
Pre-sident
IIEND O'F SIGNATURES]
Exhibit A - Scope of Service:s
Exhibit B - Schedule of Billing Rates
~ ibit C - Insurance Req uiremsnts
G Miffi n Structures, Inc Page 11
8-17

EXHIBIT A

SCOPE OF SERVICES
Griffin Structures, Inc Page A-1
8-18
CONSTRUCTION MANAGEMENT SERVICES BALBOA BRANCH LIBRARY AND FIRE STATION 1

SCOPE OF SERVICES
A. PRE-CONSTRUCTION PHASE
-- - -

1.0 Master Project Schedule
❖ Develop a Master Project Schedule for the Project to include tasks and milestones to be accomplished by the participants from design to post-closeout. ❖ Develop milestone completion dates for the Architect and any design activities remaining.
❖ Review, approve and ensure the contractors maintain their project schedules to meet all milestones.

2.0 Project Budget
❖ Develop a Project Budget that includes the anticipated total of all project-related costs to include design, consultant services, regulatory requirements and permits, construction, FF&E, relocations and contingencies. ❖ Review Architect's and design consultant's cost estimates and schedules.

3.0 Construction Management Coordination and Value Engineering Review ❖ Perform constructability review of the project contract documents. ❖ Provide inp·ut for methods of construction.
❖ Evaluate duration ofconstruction.
❖ Make recommendations for cost reductions, value engineering or revisions to the City's Project requirements.

4.0 Engineering Review
❖ Review the Architect's contract document submissions and provide written comments on adherence to the City's requirements, schedule, budget, constructability, value engineering recommendations, and life cycle cost analyses.
❖ Review Architect prepared construction costs
B. PLAN CHECK & BIDDING PHASE

1.0 Public Relations Activities
❖ Assist the City in public relations including, but not limited to, preparing information for presentations and attending site, internal and public meetings. 8-19
❖ The CM shall be the point of contact for the community during construction in regard to any questions, complaints, safety issues, noise problems, dust problems ~nd similar matters.

2.0 Pre-Bid Site Walk
❖ Attend the pre.:bfd meetings and site walk. ~. ·~- ··-- ❖ Site walks shall be a forum to present the City's projects requirements to the bidders, familiarize bidders with the project, bid documents, management techniques and with special systems, materials or methods.

3.0Coordination and Inquiries
❖ Coordinate communications related to bidder inquiries and seek resolution from the appropriate party.
❖ Provide timely responses to such information to the bidders and the City.

4.0Addenda Review
❖ Administer the addenda process.
❖ Provide a review of each addendum during the bid phase for time, cost, and constructability im.pact, and make appropriate comments and recommendations.

5.0 Rebidding
❖ In the event the bid exceeds the Project Budget or other bidding anomalies, and the City authorizes rebidding, collaborate in revising the scope and the quality of work as required to reduce the construction costs for each project.

C. CONSTRUCTION PHASE

1.0 Pre-Construction Meeting
❖ Conduct pre-construction meeting.
❖ Orient the successful contractor to the various reporting procedures and site rules prior to the commencement of actual construction. ❖ Prepare meeting minutes.

2.0 Contract Administration
❖ Administer the construction Contract.
❖ Coordinate the preparation of construction staging areas. ❖ Coordinate the preparation of site for construction.
8-20
- -"- ---- ---
❖ Coordinate the fencing, barricades or other items· reasonably necessary for efficient construction.
❖ Provide management or related services to coordinate work of the contractors and the activities and responsibilities of the Architect and City to complete the project in accordance with the contract documents.

Superintendent
❖ Superintendent shall coordinate and provide general direction for the work and • progress of the contractor.
❖ Oversee contractor's work and provide direction as required.

3.0Submittal Procedures
❖ Establish and implement procedures with the City and Architect to coordinate and review shop drawing submittals.
❖ Coordinate. and review request for information (RFI), materials and samples, product data, change prders, payment requests, material delivery dates and other procedures. '
❖ Maintain logs of all RFI, change orders, payment requests and other necessary documents.
❖ Establish a procedure for and collect certified payroll from the Contractor.

4.0 Meetings
❖ Coordinate and conduct pre-construction, construction and weekly job progress meetings with the contractor, Architect, and City. ❖ Record, transcribe and distribute meeting minutes to all attendees, the City and all other appropriate parties.
❖ Assist in the resolution of any technical construction issues. ❖ Arrange and/or attend any other necessary meeting as required.

5.0Quality Assurance/Quality Control (QA/QC)
❖ Establish and implement a QA/QC management plan.
•:~ Observe, verify and document the specified level of construction quality. ❖ Provide quality assurance and quality control.

6.0Coordination of Technical Inspection and Testing
❖ Work with contractor to coordinate all testing required by the Contract Documents and as required by the City permit, Architects, or other third parties. ❖ Assist the City in selecting any special consultants or testing laboratories if needed.
8-21
7 .0 Construction Observation
❖ Ensure the construction conforms to the approved plans and specifications. ❖ Confirm the materials and equipment incorporated in the work are handled, stored and installed properly and adequately and in compliance with the Contract Documents .
• ❖ Guard~ against defects and deficiencies and advise the City 6fany deviationsi defects or deficiencies observed in the work.

8.0 Non-Conforming Work
❖ Review Contractor's recommendations for corrective action on observed non­ conforming work.
❖ Make recommendations to the City and Architect in instances where work is defective or not in conformance with the Contract Documents. ❖ Observe the Contractor's work to verify all authorized changes are properly incorporated.

9.0 Exercise of Contract Prerogatives
❖ Advise and make recommendations to the City for implementing City's Contract prerogatives. Examples of recommendations are giving the Contractor notice to accelerate the progress when the schedule goals are in jeopardy due to Contractor's delay or withhold payments to Contractor to ensure Contract compliance.

10.0 Implementation of Master Project Schedule
❖ Establish, implement and update the Master Project Schedule to set timeline and milestones.
❖ Manage and track the activities of Contractor such as sequences and duration, allocation of labor and materials, processing of shop drawings, product data and samples, delivery of products requiring long lead time procurement, and other items to ensure compliance with the City's occupancy requirements.

11.0 Monitor Estimates of Construction Cost
❖ Provide regular monitoring of the approved estimate of Construction Cost. ❖ Maintain log showing actual cost for activities in progress and estimates for uncompleted tasks or for the time and material work as agreed to by the City. ❖ Identify variances between actual and budgeted or estimated cost. ❖ Advise the City and Architect when the costs exceed budgets or estimates. 8-22

12.0 Construction Progress Review
❖ Maintain daily log documenting a record of weather, Contractors present on the site, number of workers, worl< accomplished, visitors, problems encountered, and relevant data or additional data as the City may require. ❖ P_repar_e daily ir:i~p_ection records with _pi_ctut~s. _____ _ '13.0 Maintain On-Site Records
❖ Verify and ensure all on-site drawings and Contract Documents are accurate and current.
• 14.0 Schedule of Values and Processing of Payments
- ❖ Review and recommend Contractor's schedule for the tasks included in that contractor's schedule of events.
❖ Review and make recommendations to the City regarding payments to the contractor.

15.0 Evaluate Change Order Proposal Costs
❖ Evaluate Contractor's costs fo_r proposed change orders and make a recommendation_ to the City regarding the accE!ptance of any proposals for a change order.
❖ Facilitate negotiations on any change order costs and time extensions.

16.0 - Change Order Reports
❖ Ensure and administer all change orders authorized and approved by the City. -❖ Prepare and distribute a summary change order report on a monthly basis. ❖ Identify and docur:nent the effect of the change order on the Contract price and Master Project Schedule.

17.0 Project Status Reports
❖ Prepare and distribute weekly Project Status Report.
❖ • Project Status Report shall include an itemized summary and update of all key items necessary to adhere to the Master Project Schedule.

D. PROJECT CLOSE-OUT AND POST CONSTRUCTION SERVICES
1 .0 Completion .of Contracts and Project
❖ Assist Architect in preparing a list of incomplete or unsatisfactory items (Punch­ list) and prepare a schedule for the completion of each item. 8-23
❖ Prepare a summary of the status of the contractor and sub-contractors. ❖ Assist the Architect to monitor completion of pending items.

2.0 As-Built Documents & Operation Manuals
❖ Coordinate and facilitate delivery of final record drawings (As-built) ❖ Verify accuracy of as-built documents. - -- --- - • • ❖ Review and coordinate final construction document specifications, shop drawings, and submittals.
❖ Coordinate delivery of program warranties.
❖ Coordinate delivery of operations and maintenance manuals.

3.0 Training Sessions
❖ Coordinate and schedule training sessions with manufacturers to provide training for the City maintenance and operations staff. • ❖ Document all City training sessions and arrange for supplementary information, where needed.

4.0 Initial Start-up and Testing •
❖ Coordinate with Architect and City's maintenance staff to observe the Contrac.tor's proper installation of utilities, operational systems and equipment. ❖ Assist the City with the initial start-up and testing. ❖ Manage the coordination and installation of the appropriate furniture, fixture and equipment.

5.0 Project As-Built, Close Out, and Warranties
❖ Review contractual requirements for as-built drawings, close out documents and warranties.
❖ Document and compile all required documentation for deliver to the City. ❖ Coordinate and assist City in the move-in.

6.0 Computerized Maintenance Management System
❖ Work with Staff to enter new buildings into the City's CMMS system (Brightly). ❖ Produce preventative maintenance plans for the new systems in the building. ❖ Add all warranties to the CMMS system.

7.0User Complaints
❖ Assist with response to initial post-occupancy complaints regarding missing or malfunction building components and equipment and contractor/vendor • warranty items.
8-24

GRIFFIN

TRUCTURE I
CITY OF' NEWPOf;lT BEACH
Construction Managemen t Services. fOf"
eolboo Srollch L1br0ry & Fir~ Stcliull'I l
D[C[ Utll S 202•
8-25
T A B IL E 0 F CONTENTS

1. Introduct ion & Project Understonding l
2, Firm Qualificotions ~ Related Experiences 7

3. Scope of Services 13

4. Project 'll'eam~s Elil:perienc,es 21

5. Propose Labor Hours '27

6. Refe,fel"I c:e s 2 a
~ r4 0 r ,I I 00 01 RELEi'I il◄ QU GRIJrFI lil' ■ UCTUREI C01'15[r4f lt£CIACTl0f41 Cal 1011,ra Clvil C-Od • 342&.1 (at, Ct11ibr,ia [vident11 Code ~lJOn 1041'.1 llnd l~; Callloml11 Go•,rmment Codli s«tlo,n fi15-li(k) , FtMdl)ffl OI tr,lerffta[IOII .le~. 5 U ~ § 5 S~bl(i.l C:11.IHI
Hfl I f•
8-26
GRIFf]N
STlllU TUR. S
aeciembe, '.3. 2024
City or Newp,ort Beach
100 C , ... re C f!C , Clri , Newport Beach,. CA 92660
A'Urotion : iwn Sande1ur. P.E..

RE: PropoKJI PCM Coo5tructicm Management s,er,..rCM f()( Bo1bocl Bmnch Library & Fife Stotlon 1 Dffll Mr. Scind fiur & City E¥D1ootion Team,
Wit Qtf!' plea~ lo 'Sllbmlt Olli' i;irgpoiQ lo Ille chi; o f Net,11pon l!l~I I-at ,u Bolboa 8101'1~ Ubrocy and Fl Sot0IIOn I projei:.t As; you will disc~ within oo, p,opcsol , Qnrrln Structur"~ ~ hlgh•'I q~liri«!d lo d ll\t'l.!r 1thls project g,v n our t>lftens,'>'e ~a:pe,,~"et! lor-u1'Jd-w1rh.:11 th City, 0,,1 VCBt porttal.Ja fftclus.1'R! ot both publte libttir,~ a,\d hrl!! ~rotlQI\'.'. [inti ,a1ng tt~porol)! tir foi;ihtics]. 01, w I as. a k> t,is,Lory or JucctMsful parrnrrsh,?'- with (O~R Oc~ign Group For th s proJi:,1;1, \\. .-.Oll'l' t1n.embl~ o seoson!d tl!'arn -w tl"I I e'l'CK1 pt'r ~nc,:
requ 1ec:I ro br,ng VOur OrOj r 10 :.uc~~s.ful c:cnip t,Ofl Thi. ndudes key leoder!lh µ eomp r· i,cl cil Ull' Wl!'T'I-" fn-oivlduals. who are cwremt}' leading anti fluvt' kid Ch• ri iltffy oJ IM- ~part Beixh library, Wine Hao JJl'OJlllct, It, oollonclly 1ec;ogn ze-r! Marina Parlk ~omr'1'14!Nfy ond 5o I Ilg C:11tofer, c;111d th EmtlrOI\IPl!'l t,al t,fcnure C~nter prcr,L"C1 hx,ot@d within l C1Ly Thi~ add1r,ono I)' Inelud 5, thoJC' -...ho pklyed Q ke)• f'"O!e ln lhe l!Clfflflle!C .on ol I Orortg■ Clly Fini Deportm•nt Hcqdquo r1 Buena P k Fat Statlan Pllo..lil, Santo Cli;,ritt;i 1;.Q11YQn COUl'llnt' Comm1anll\' Center. 'l\ol'ba Undo Library Dnd CUl1urol NU Oeni.r , and t'h01t!'. \'k Mid rionallv offer a !;p i;1oli.1t'!d lft'Om uf g(XI t•onial !.Upptirl 1.coi1 ~rtalmNJ to Q>nstrvctot1111,y r . It"..,. schl!duh"'9, a!'ld cos.t e!ltm1u11~ As ,1aci:id F)IIIJ"ViOV$.l!f, 't/\ .. n,g~ s.gnif cont f'J1,>enence v.t>tkmg 1th COAR De.i.gn Group AQl.lding a wpglth ol ~lsc sor ty rac.,l,t!'M s.uch CH 11"1e Motgon Hin Buu nfl•ld r• StQ"tion Tu1Un Polle DepC!lrtmefl• and morl:'. a.c:i.:iltlonol pro;ecu melt.Id th Sol!Q1111C County Publ ~!Lt, lab and Morgue ood !Je·• rol odd.,rlOllCII prOJ«:t, d, • 'I ahgoed w th VCMU"!i 'iilh chis t~n•11ng ~Jtpl!f1t!nee, ~ IO(lk ro~n:l lo orro,1ng o s1m lorf!, pos1ti'tl wo mgr lrn.,ansti p lo LI'!!!' c.t-,. w~ tJndi.!'rstand tho,. g 11e-n the naLur~ or the project 111 • coo City wt I r hr- c-t1pli1:mot ben M rrom o I e-am wl'lo po-H,.S.l~ m-.t-en~YC e11perionoe, wllh tl'il t sit~ condlt.om,, ixnentlal te-11 pOfary rlre lodt11.,. r l0<.a11on !:,lrtllag es., enhanced comm1.1n ti; ,~latlons Oild s,te 109 uics plan~. Wt: po:.ii:~s ,h,s ,uar;t npt"rll'nt:lll and rnor ,;ind or, l'llQd'i o oH~r chi!I tM,ght co I Chy 'mm -d1ot I)' to d'-eflllef" thiJ pro,~t OJ ,;t"Omt•.m,1:,- on,;f o-11 t1 I)' 1n poss le Griffin ShUC• 1,u clc(l1, 9mcn ,:Ht~ n pr0'\'i,d1n bat compt>rn,ve pm.'.ln , and hlg If qimhtied pe;!.onnt' i, 901"9 to gn!al mecsur~s to u~k ~!-t:1...,_ "V.'ha, I!. oor rru \,'Oluo-<Jddrd pt'OpOtiCIOO ta lht CiW'll-. Th9 Ol'l5W r hi our p,eople. Our pe,apl ol'f r i;n,ativ• del ,.ery opl ons, solutJons•bose<:J rKomMMldt:nlon ... tind a uue pe1!.peeL1v ol own!!-1!!.t'tip thoc cur compe11ton do no, p(IUei.s. , Thn, ,~ ~,.. d,tf,ar •n1\o,or, and th m ning b•hind our plrxlg4 ,o prolf!de I; l•n~ in '1ro;Kt 011l,y ry we 1001< forward to 1-errvins you.

Jon Hl,,lf.ilh •• CCM, DBIA I Flresid1.mt
P 949.44'1J 15 I E. jh1,1g~,£1 g_~Um•tru.::turr..corn
I r CC HP O LO(h' t, w tl lO C. !il.l trl :U • PH
8-27
8-28
J l"lMODUCrlDN & PAO l [Cr ll•D[ll'ITANDtJ,li.

RI FIN
t JU.t llJRE

F IIRM IIN T RODU C T I OIN
Fo.iodl!od In l '981, GrirP1n St rui: rurt's 1• c tf1o,rcFMficd Ownet's Rt.-Ptt-,otlMI / Program, Pr-01 end
Ccns.trucbon MonDgC'Rlefll Pinn '.'irrvmg puhl•i;,
puYtrttt , ngri-profit, gn,d fnst, tut10001 ~,ors.

A unique a5pect of our frrm rests mot
only in our unparall(!ll~ ti re stotion and
public !library portfolro. but in c ur vost
experience- wit h the City of !Newport
Beoch ond presence in the County ot
Orange.

Gr1t111'1 SU'UCba'M 11\Q1ntomS fOl,lr dCCOCII! IJ'I
~tablllly In provlct111g publ i; wr;ror, n.dus1ry
l~d•n service to 0/Jf cl,k!l'lt.5 w~ eltt:-t a wl?tllth of ~upp()fl •"'e resource-& ~rta lng lo ipt"c;ia lsts "oA. JI­ ~ ~,pct ·n the- ~llwry ol public omt'nities w,tl,
d,rect expi>t~~ lootil lO Lh!P C llf
Gt11hn Strocri..1,el!. ha~ hod the djs,,nct pf ·o-.1.1r lo i"' th n-ond~lor the ti•-r a• e-,,1,port Beach ror
Lhe no one Iv t og 1:i:l!'d ,t!wpotL B.eod, Marn,a Pad,:

COfflf11 ri"ty t $ciiling C nt r, {t'l} Qin90ing r,,iewpori Beech brary, Vo'1Ut' Hall JUOJK[, thie En'ilronm@nlOI
t..lo1 C "' r und rnor-e. Th sir prc>l11Ct1o holfe
1ara ted oor ream I.he ctu obllrl)l 10 d~"'elop a
d p und ~t,mdin9 of t'11P C,tv, !itc\:eholdet n.ros,
loeel ool'ld tiom. and requ1rerri~n1-s., and CJ$SOc1at~. inv,;ilur;:ibl iQ)owlr.d "' r«;ui~d for Y°"'" Pl'Ql.Ct
lh'ri orl!' rl'PQd)' ,o off9r thl-r. d p undol'Stcndlng lo oosu.,;"" st.oeCHitul dc!-live:ry ar the B.olboa Bn:tneh L1blory CJl'ld Fite' S,t,aliOl'I No.1 prc)Jt'ct, brinq,ng Wtl h U$ a portfol o inclus.t1e oC ewer 50 public I brory and t,,e 1,talian11. throu9hQ,.it th s'l(Jte al Cotirorma.

GJUHI
COAR DH ign G.roup• h perie n~e
G.r1lhn Stn.,r;lur ~ oU: r1o dr.mons,JQtcd ll:p f'lCncr-1 .vrth the c c:,,·s setec_1.~ Areh1ren ror u,,s p,oJ ct, COAP. De-~ign Group. Toge het. we ho-.~ .... oilc~
coflOD(Jl'Qt1vety t:o deliver pq•r:k! •lopmen, st!fVlc:es to the CIL'f ol Mo1gu• Hill 10. its Bunt! t1ela Fir~ Scot1oc1 Crty of Tuli In iOf bolh tQfJ1fl'lr.in ty-f~wd gnd
put,hc sar~c~ rac1htle • ond ar~ odd c1 lly wotk ng
,;ollooorahvlfl)' for the Sonomtr C0un1y 'll\Jbl,~ Health Lab and ,1019ue prOjL-Cl,
Thu, ?.hDh.-d CJCPflJ"umO!! gronts ~ C~m lhe un ,qui!'
cal,ility to, r;cl&obcl,ro, ut ilizjl'lg QI 1r un tanttmg cf lh! rm mac our compt'thor5 s,.mply do 001 pou~s .

Tog~the-r, I is ePfrtllVI." Vi,'Orking reklhOn\hip hll ~ MJ'l(.-d dients sign ticaiil public f Bds.-, 1:1tl0w~ U'i o mit 9ote ~h !dul~ 1mpCiet'l to ens.ure t1 y d~h11 y, oM l'lu!.
ollo·hedl ,cl imt's to be-Mtil !Tom c:m estobl shed team ~ ith a nJPUCctlcn lQr ,;hOR'd .. uccr,-.11,11 pot1 n ,hlp'l>. 1n1 rt. n
8-29
Project Understanding
We i;it Gn ffin S1 ructure5 ur,dcr-;•and Cr. City of r,h:wport Bl!Oth s see n~ c qool r,eo co,mrue-tlOf\ 'A .cg~r to
Cl!.s.isl thC" C:ity n ~h" mcnogrmu11'L ar the! final :1Lag ~ o~ cfe.5i . bidding, ond constructlon a= if.he Bo boa
8rQnc:h bn;iry onr;i Fire Sii;riion l p.-ojm. Tht'I highl',' ontldpccl:'d duo •p,o,e,ct 15 a,,,u!nde-d co re-place- t"1e •-.,~, ng 6-2-y l'('lr-cld rc,c1hty which ha gc;m
use1ul lite
Boch lltitc:me:s. al"le t rl!' nac1~ rl! _ssentllCll c.1..-ic:
in1tlluliQns . L,bf'arin or. crnt rs fer l."01'1'111'9 ond oommumcy connect on - wh I~ tire 5-totl'On~ 1mt cm1eo1
lilel ~s to comniu.n1ly SOl't!-L!f oPd r~~lier11::y. 'tV11t1 boctJ projiects lo b completed simullaneoulil)', the City w,11 ifflMfiC from o 1eom the, con b'lit!r t.11i'11Jarly unique aperi..!flCe ond Insight on blend~ both proteebi
$ill!Omh11s., y, "ndudlng c001dil'la tiOll wilh a 1101iMy ot scokeholcle s.. Yle hove ,erved ol'ld are currel"IU!f ~rv•nr;i on s.•~ rel public ~of"IY and I .bro·:v a,mbtned pri:>& u.. inc uding 01 Ccm~U Pol~ 0 pmtmrnt end L1bf'ary
proi«t, 1he cosri.-ole c,..-1(: Cooler F r!!' -Stat,on and brary, 1hi:- Hinp!lrii;i Cw.r; Ct"nl e-.r Pc,liee Drpctln'Mm! and Ubrary profKc, ond wverot oddlt1om;1 pr-i;ifacts
whu::h do,e,; nor bK:ludc Lh many lltwat,' end llre s,ac, proi«u 11hin our reuci\ and fowl history.
'oJ pe;l<jjtlr,r,g11:t 1,jnd ~tnnd I ho• 1 h• r;;uci; :;;, cf c pro1Km h, depefldenc on how 1t s ~, cec~ed bl/ ti
ccmmuni\!f. ~ v.ill ufli~ our rc"Cenl and long-$landiog e-.,,;p_ !l'ace lor•ond•w11hln i.hie City to suppon • - ~I.ICl;fiS ()t !fOUJ l'.lroj t, prOQCfl'I It r,ngog !lg with communitv sco hold 5 tll'ld maintain ft1J tronsi:,oren1 ci;rmmunf,;;n11Cl'l llll'ough~• the pr~•, hlc.-cyde ro
addf~ss porem~I concerm. and maimo·n l)OS.1Cit,,e
ne ghbolhocd u lc\iOfls Th !I. e.<p,!t11:1)Ct! w1 II be der 1,1£-d frc;,m th on,golng <-p(lr 111K er cur proposed S.

COtJs.truetiOn Meno~. Cod)' Roth, who is QlffMII)'
1,, rv,ng en tho Newporl brory, Wlll,e Mall~" 11 M
Wll'II 0s, our pa:s.t work ror the- Mori110 Pork Com-mi.mil")' c:11id Sail 1ng Cr-nt1.•r deli~ on l me and budge1 . Ana. or cons11:terobfe note 15 oor long•standl~ reloteonsh fl wi1h COAM ~lgn Gu,up who hO\'e bt-~n 1: cefli:nt
ponner-s we h<l¥i! collaborate-ct w th or o m mb r of
civiJ: r;in,;:j public ~o:IP1¥ projeCl!o throughout ColJfornta G lrfl
1 11 , 1 •ti
8-30

1. INTRODUCTION & PROJECT UNDERSTANDING GRIFFIN STRUCTURES Complexities & Strategic Considerations
Griffin Structures goes to great lengths to research and understand the challenges and opportunities for every
pursuit. As a result of this effort, we have prepared
the following strategic considerations to demonstrate
our approach and illustrate the value we offer. These
considerations are prepared in a question-and-answer
format for ease of reading.

What considerations exist pertaining to the
tight nature of the project site?
It will be crucial for the success of the project that
a clear site utilization plan be incorporated into the
bid documents in the form of a required submittal on
behalf of the Contractor. Doing so will ensure the City possesses a true understanding of the public impact
associated with the project and can anticipate how it
will unfold efficiently. It is crucial this plan incorporates pedestrian traffic, signage, fencing, staging, restrooms, Contractor parking, and barriers required. Griffin
will produce an initial plan for inclusion into the bid documents and will work closely with the successful
Contractor to refine their final plan to achieve proper expectations for the City and community.

Are there any traffic concerns related to this
project?
Yes. This project is in a very dense residential area.

Therefore, all construction traffic will occur in this
residential environment. With this in mind, we will
require the Contractor to employ very specific traffic
control measures, trucking routes and enforce strict
start and finish times for construction. It will be
important all restrictions are clearly communicated
within the bid documents.

What unique concerns should the City be
aware of as it relates to utilities and other
jurisdictions?
The single most challenging aspect of any project is
coordination with SCE and other utilities and currently lead times on electrical switchgear. Lead times and
design backlogs are out 12-18 months. This has a direct impact on the bidding documents which in turn results
in potential change order exposure and schedule delays.

Our experience shows that the best way to mitigate this exposure is to bring on a Dry Utility consultant who can engineer plans on the City's behalf. Using our extended resource base, Griffin Structures would propose doing a minor-solicitation of at least three potential firms who can engineer and submit a dry utility plan to SCE which, when done properly, greatly shortens the design cycle
and provides the City with better certainty of design
and cost.

How will the City be assured that the
Contractor possesses the skills and experience
to deliver this project successfully?
Griffin Structures is ready to employ a robust Contractor prequalification protocol which enhances the standard
questionnaire provided by the Department of Industrial
Relations to include such things as revenue analysis,
bonding capacity, project team scoring criteria, safety, references, and similar project experience. Our process will incorporate the nuances of this unique project
and ensure the City benefits from a healthy bid pool
(targeting 5-7 bidders) while also ensuring that all
bidders can successfully deliver the project. By utilizing this enhanced Contractor prequalification process, the
project will be more efficient, assure more competitive bids, and ensure a collaborative project team that
offers high-quality design and construction.
~GRIFFIN
/~STRUCTURES
3 8-31
I 1•,TliODIICIIDN • l>ADJ[CII" U>,O(A TA11101M(;
What a o s~rn f«Jy &tn;ite-9iH for maintain! ng
pub-Uc: support for ·mihe proJec:t during
con5,tn.1ctlon?
Es.1Clbhshlr19 a raoot.t COfflflMffUc;arions pion will
1•s.~cnrfal 10 th proiKt'S wccess,, one e'( com~r
to a s.ucc.essl 1.11 ~n 11, the irnplemenrorion ol a 24-h(xir hciUln , Tn"i hotline wtll be occessed vi:o o dediccued c,ry !i.,ension rhot i1, an~werit'dl wi,h a r~orcting
n0ffy ns the c.ol er Lhot upon eoving a mi:Ssog,e,
whl!'1~by to, 1ng a qu1•:.tion Qr r;o~rm, ~,;h co hpr "Ml be ptl&ri to wl,htn 2" hours Our COMLfU~liM Mar,o, r
wall mon Lor 1h1! wi,icc,-ncJll and tes.pond at:CQrrting in t;QOrd nc,ion with the City, We OOlfE' fciund thot
r~ s. 5.trOtl!tlV cirow11:lt! a ,-ign1IN:o t positive 1mpoc:l d,emqn~•.-a1 Ag lhot I City 15 not only hlitr.-riln!iJ ID 01 ir COflC@ffl5 and queJOOM tlu1 etlt<!i ObOIJ Its COh1, 1ruent1, ond ~mmunity,
Wt,m ore the longest lead ti me rum:s o"d wliot
1;Qn lb• don.o to mitigate thei r impact?
EIN:1 ri,:ol Swilt;.hgi:ior encl QOCk1,1p ~ofor, h,;Jv• cootlnue,,d 10 bl? two ot the Ion ~st leod Ii.me-,terns to p,«ure on Cln)' prOJKt. Swltdigl!tu olt..,.n Loki.'~ i.p to '12 rr'IQnlb~ and wme ge-ntl(Qtors 0111 18-24 montln, out. lc 'Mil b lmperotho'l' for G11Plrn co wo"'- Wlth tM Ciry Dl"I~ dr,~ign t1K1m ro ~t«-rrnlnc th spegfic; projt>,c, requlremenl5. cocnpli!tl! me- de-slg ecr,y, and Ioo,,; 01 wha1, con~ done to prow,. ,hl'-a it@ms in odvonc or
bldd,ng rhb project.

What mea&uN!ls w lll the !Fire 1>e9a1tmcint tGk
in i'!"i cn,agJng l mporcry ·fQi.;ll i ti s. I hroughout the- i.;0111'Struc1ion phcn;e?
Should the Cl LY 1nlume ~lcnn ng for LL"f"hporoty
meo$1Jn!$ foi fire opt!mtiono;, our "~P rta, l1H in
opllm zing op rouonc cotn1nu11y "°' fir<! S10r,on
Pf01 i;;• s,, Ott n, 'ffl! n"1111lli.: 5a!Jl<lri0i where 1thier 4o) s.t!f\riC~s ar ~ OCOCl:'d 10 a ni:.-orby ol1rrnarw
ftril1fy, n •15sitof n9 s1ro ~k rnn-.e mono ~\ tor
tM e11ls.t,ng stoctOi 0c (b) a tempo. arr r1re &tc1. on n ~!; 10 bi, H(Obli$hed, upport 'Cl .vilh Cl comb1ng11on o sUY<:tufil's In che l.r.it S-C riano.. we oon pro-... ide lnval11able Sllpporl by ~oure,ng mo•, mcno9emrnt
"11fldor~ nnd C:tlOl"~inQting (]11 5untNJI to l,;_r; In ,t,11 see.ood see,a io, 01J1 tol,• includt-s. a:.s.iiting th!!! City in s•let; in9 lh~ mos.t ideal :Sile that ali91lS w th sef\llCe oreo requi rem&1 t1o, v.hil-e ehl~•lng c 1JC~, iodcrlc
h1we-ss.f~r,~s;1 needs. site- capacity, and commuo.ty
cons.lderation!I..

Mor<l!'Ov~r, Wl! ha-..L• ~vtee-~$lully o~st:i,t l'I lc-a~ing mod 1ler focllil ie-• ond coflOl)!I' 5-tn.ict•mts rei:;it coti o uod tlO'Mll f r~ sumo,, o L a ~ign,lleontJ:,, lowt-r cou g1vtm 111, 1MTWpCrory nature . In all r:;.o".<?$,, our otij ct1, ,.

Is to estobll:YII the mon e eal'l'e-orotocofs to mi! r tl'll' City'$ obt.r,,:::h~!\ -. om •51)'
8-32
Ubrades + Community Facilities ~repre$ ntc1tl\l experience) l. BIOOM ngtDfl Branch Lili)mry
z. Bow~n MLl!.~um &. K 1tl.s...-vm
,. 8uona Port llbrory Oiitrk L ReriChOt ,on
4, Ccimp-noll L1bmry R no-.'Clt">on
5 Cupen Irie llbraey [._,:pal'l'Jlon

6. Di~o,. er-v Cu~ Science Ciemer

7. Et1S-tvole C◄ c Cen,er & litm:n:v
B. Eno;1ronmemol Nature Ceme-r. Ne'llpOrt B~c
Es~od o Putll.l(; L brory 5i Mo4em1zot1on ProJe-tt
to F1:llcrton Mnin L. hfol)
!..l Ftlllll!rtan Mull 1-Gc:nertttlonal Community Ce-nt"'r .i2, Holl Moon Bar Library

13. Hr41 ri<I c;cy libnJry

1.; ln51I wood Ma n 1.1bccry R'!lflOYQI on

15. rvim, Gr.a\ Pei frami:iwor~ Pkm & library

11. Nl'WpClf't Eleacii LibtOr)', W Ut! Hal
1B ~n. Beod'l Mol"ll'IO ~k COOlllliln ty &
Sa.ii ng Cent

19. rottheosr s1ockcon Library !. Conwnunrty Center

20. Quam: H~I L·bro,ry. County 04 tos An!]eles

21. SolillOr; I Gobl'cn 8rc111i;h L~brvry
23 San .Jacinto Cl't'ic Center

24. Santa Ana Main Librcty ~imo110t1on

25. Son tu Ano r ewhop.e, L bnu 'I R m:i·.rotI0i
25 sonto Al'\O Di!Chl Center Libror., Brandl

27. Santo Ana Outdoor libr □ I)' at rom«t P<Jrl.:

28. Santa Ana 1.oo. Creon Family fo,1m

29. 5onco Clorit~ Convon COl.lrmy Comrnu"'1t',' Ce toe,

30. Santo CruL 00....'nlOWn L1brory. Houslff9 !. M i.ed-USt:! f>roj ,i

31. 'Sh()feUm.' ?wk Ma~hir ?lo Monarch Bov Shol ••lln(' O!'I topmem Project

33. •.u~r1vflle c,vlc Plaza ~ LibiCJr}'

34. \'latson>Jllle C1'tle Plora Llbr0r';'
35 Vortlc Linda Library & Cultural Arts Ce-.t-er

36. Calton C1Ylc Center rc,ty Holl , P.D, .s. Ubrory) Pr~­ o-av pm(lrl,

37. lkn\a Po nt Suri ng He 1tag & Cu•curtt Cent,er
4SHACCI PrP-0!!, opmenl
31!1. a Centro Libu:u-y F'rr- D, ..-lopm I

39. tt!fmosa Beach L brarv Pr~- Developmem
~1. Y1.11;alpc lb,\,ry Pr -1) l0prnr.111t

GIHI-IIN
ITl!oCTI IH
8-33
Fire S11:ation & Public Safety Experien,ce (represenkl l:i ... e el(perience~ IF l lt E 5 T .W TIONI~
l l:l,,Jl!nll Pmil foe- ~tallGn No.61
? Cortlllod Polle• fueo ~Ylll,or-5'. P1!110vctton
CcnMdrcl C1 'I F"'n S\o ion )lo . .all
COrOha n,~ Sl Oar, Mo 2
7 Ora"'l], c,1y r,r o.i-t~ H!;'Odq\Jon rt
8 OrOll'J COl.il'l[fl' n, ,ti.wchori y C IP- [Mlll'li$lli• 5ti'Jli ·111 &Jrbon~ it! ,r ~1ml!!#l Ht!Gdq;llltlerl
:t<>, Tu~in ~ti!ion .H
14 VI 10 ira ~cr,on No- :,l
V,UIIOU S ~U ■ LIC S A FETY Po AO JE C. T S
18 unt Doy R~ioool ~ It Di~t, l, P>Jbllc Sol'.dy &
,!,d, 111\l~L•"OI..,_ HIOdq...af"!.,.
;:o_ \/l!iollo c,,,,,c Ctt11er & P\lblfc 5Gtecy ~

21. llumc .Pork Police bepartmmr ~UOf,tfS

22. Ht'1perlc PQlil:l!' Daportmcnl Headqu,arCl)l'li
2J In') wood [n ,ai,-My Optte1 ,n. C:f(1tt1 R@'f• ,
2d Ru«~ Poll')t \/ •r~ ( ,yl( Cc, E. COC
2&. P.l ,l!f"M:I~ ~•rt"I C fo.:eo. lien Clark. Trmin ng Cl!n4 251 S-al no'li Polle~ Serv,c<!'lo Meodqucrt,ors.

30. 5-on ~mc•dtr,o Co,mtJ,• Put; 1c Sctct~ Ops. Ci:,,ter 31 5,on I! rnan::1,r C0tmly, Vall")' Cornn nicatiom cc,

12.. SQn 0,trnQ,dlr i: ,ncy ~ ~[ti{~ ~n,oyctlon
~~ 'w'kalla , r nt:'I i;QR1111<,1111C-Q!IOM Cll!fltDr
!9 If: ~tm1mtH ~IK: Safe-I")' rrocrtln Ce-11rl'!r
39 Cottoo c1-.1e Cl! • &. Police Depl Prr-[)rov11lopment ,IQ Ccr,.-ll'ICI PotlCII O.ponmrm Pr.-.O..-elopm11nt
41 c:.ardm Gilh'tl Polle Dl!partmenl Pl'~Dl!',;fflpm"1t -41 i:.aroP.n Ciro;,,e !>Jbllc sa,,rv Ma,ter Pion Prie-Oi: 1oJ!. -4) Ing IIWOQd Polh;• partmcnf !'re-Dr,,.-.lopN:lnt

44. trvln• Pi;,llce Deportment Pn~-o....)opmrn:
-4'5 Nt",1,'~ l;I ach ~le,, l)r~'N'n1 Pre--OP..,11Jopmr11t

47. On,orto Polle!!' ~pan.men! Pr!!--Oc\t~,gn...-.i
48 lUs.\on l..l!ogcK:y Anna & "alice ~1e-Or\"l!loprr11ml tillll Fl:-.
'" I II
8-34
8-35
Libraries+ Community Facilities •~$Bntotive ~penenceJ
-
hi ( 1/+i' p O A l f:I ( ~ r_ [HJ l I e ~ '- M V 'II I r ' I u A ~ ~ h ( ""' .II :J .. I II •• L 11 - A - ---
OE$C:lll lP T IOl'II
The s ngl st°')' 9,!i14 SF LlllrOJ)' 1..«t11• Holl
S d<tt nad 10 be O slgnotuo ~-Uldl"9 tho•
ClM'.pltfflitt,I' lhe orc)l1{1!<t1,,1,. of 1 C1•~· Hull ond rflfl«'l'$ the &QJfe or tt11: 111 • ing bfory,
O~it eotr pi4it Ch • ll!C,utt' hall '°"i Pf°" ,de
t ntd M!Oltn,;i !'GI' :>99 !JUC•n~. lf'l'IJlf'OW-mtnt, w,11 a so ,ndudC! an 11:.panot"d cour,'f[Jrd Ot pri?-
01"td posl • ,Mu. Ol'ttl a t ,, llfJl'OlllOl'I or th~
,bror, par•l!"l1J lot.

VJ.Lill • $Ill
l2 .-100.000 I 9,SU sr
ll!ElrEltENCI!
Crt',· or l"Wf:X • 8&CJCl'i
Pt-t , T(r.l 'K her
5,tn,l(,lr Civ (ii, lr,e,t,
(t¢1Jo) ii,44.•JJ16
ptou!.Chffi#~ewponbe<Jchcaqo"
ltf!!LEYANC.V
LI i;iry
' NEWPORT BE.ICH MA.~l..,,t, PA.R•. CO"111.1IJNITV t, SAIL l ~C. C[f'4T(A ~•w•,••• ■ 1ArH ,A I
.,
-------------
0 fi C: RIP-TIO ff
,, con l 1,:r,on c,1 c,
public pc11t; o 24 Dll(l 'SF Commi.-i1~•, ol'ld
Satl:!tlQ Ct.'~fer bu ldi"'i) lh elos.uoom,. Cti
Ofld mllt"f n,;i IJl(IC • Cl n-Jllp vl~lor ITIOfl1111'.1, nuroom bJ•king. ygtoYoo lio l'loui«,
pta, l)Und. OUIOOOI' ll~s C Cl.Ill, ~n ,pace
!)IJd pk.I, o, Ollu ..i., o ,.w,, I rhit! ,r111g,01 ~
and v. 1-COOf'.dtno'lr-d orc.hi~,1ck1ral, englncff1119
at,() can•rl\lci,on e1 OM.~. ,,-.. l.lfOJ , Y,.i.lJ
completl!d f.Mlf 1N1nt111, o""'°od or sc~e ond
U mllhor> l.lflrl buds,!!,
Yltl.U + UZI
$3b,000,000 I Jol,OVJ Sf
ru 11:1t.i::1
Cit, ot Hl!'WJ:]Olt ti !od1
Der-hit \V• bb
Pubt.c '.'llflci DirK IA)r
,~~'). E>ll~•1324
do-bb@rie ,,i,orccoNJChm ?'Y'
RE l. EVANC.Y
Com,, 1y roc ,cu s, •• ew,
I I
VO£tttA LtN~'A L l ttl.tAW" 1.- (\ILlUrilAL Af.!f~ (£Nfl1- •n••• ,,,,,.c_. . .l -------- --- ------
Ol.liCR I P1T JQN
Ttlt, t lloO•n,;iry 45,000 $F l.lbt'llf)' and 13,500
s.r: C-11ltUTGJ P, Cml.c• Jj Ct'O!r•i:kl '" '"'I!
liowr..aawn Qt Vort10 Lindo ti. ~rv l«lhlres
play ea~. colll!CbOr.l Cll'lcl ll~ rim PGC'-'.
1tud:, 011(:1 ccmmr.a,ity rOO{lls, cl1n.vooms, and
rietall s.tar~ Tl1"l' Alb CrnlC!r hotat:"S o 250-
lil!ilf bo• 'l ('\l,11', Oil c,,wj c!ao,;.• ltl.ld!O\,
ond IJO ry dis.ploy spoc~ ihe mmpu1-lib
It ~n.Kte-d ,•,o cen•ra1 ~to w,,,., ou,doi,,r
plozcn, 1111d opHt 'fl(ICt.

Vilill.U • 1111
'152,000,000 I 59,000 S.f
AE'FEIUNCa
Cal¥ D~ 'I bQ Urda
Come L1 e:,
llircr1 Otf1,cro,
CH-1) 7i''M-u'it.
pl,Olg
111:ILEVilllHC'I'
l bfc,~: 01"19' CCMII\I PrGj«T
8-36
I
I
,111t.1 QUAC.IJIC*TION1' l[l*T[O [,tPlltlC C[S
Libraries + Comm'Un ity Fae ii ities l~scntativo ax~riencel -
SANT,\ --d~SI l , I.IRAqv RrNO'oJATIQN'. \MAIN llDltAi.t• • 3 Llll~A~IESI ,.,, •• ,. ••• DES.CII I IITIOH
~l)loO'il •fJm(Q!t
••st !llii llr, 790 5r '-'oh, ory n 'N ng
lot, arid c~n leorm.ng area ProJect• cli;o
fncJ!>'fit a modtrlldto NII.,.. Lib , ,and!,
Chi!' IM!v,/ con~trucrIon o c ,.~ SF Df'll' ,J;w ~ y
81 l)rl(h, "1CI ~w l :7'8-oet«- O<.!Ldoor Lib«u·,
ct Jerome ll'Clr~ line Jud ng lofg bQol< k10 , ,
rnult1si I'. ri.l ,IIOIII play/1JCLiYifV area~. end
pcr1.ll"!J IOL wm¥0\ Mf!ll~I
VALUE • :S:IZEl
$42,000,000 I &0,000 SF
R IHI. It Ei NIC: Ei
Cit~ ol SDnta 11.nc
lltian St6Flber13
klbrl>f)' S,,,vkH Cir Of
( 11.i} t.4 r-!U5"6
befl) 1 I0'1U)• 1'11).Clfg
R IEL.EVANC:V
LJbrCII)', Orang Co..irw7 P~ ct
-

5.1'1'11/1. (LAlllTA CAHVON COU"-'1~• COll,IIMUNIT~· (!rlT(!I ••sr• ·-•••••• c• ---- -
- - -- -
DES.CAJj;irJON
Th11 :28,000 '.SF ccmmunlty unbllr and OU'ldoor
1Pot lrdlltht1 a r,cw eommum,v c_t\'!ter
w11h lour m -1XJrpog rooms, g~'fflna-.lum,
mur«im-;, 4'•tio<11,ro1,o,, ,cchc-11, r,tnru
room, and cfllC<l" Du:door mpn>•,anrnts allD
irlcli.ldt on 01,11,:i m..-11 ~ q,kic:• 4mtfei idol cil'ld park ~Jurc11 1nd>Jd1fl'J courts.. rlo'tlr.l !;tog.,
pt,n~rl)l,l,ll('l, ir,.,t,11 s IJ"' arid p ,me,,,, t1!>1l Thi! od1aunt Min'I CCl'l)'Qn Channel .... llS Oba
tNt>· IOf)ld
OE:5Clllllf'TION
Gf 1 ,n :we,..-e,a os ,,.I!' df!11,loPd" rw thi1 IK"lli1,.. d11h-..rred 'll'MI P\lbl.ic· PrIw~~ Ponnenh IPll
lj. icl'I prcr. .d&d 101 IN! duiigr,, linur>eir,o
cQf'lltrucdon.. and d • ry thie nll'W •Cifl:lf'J
P•KII' to fir schf.matic ck-1 ~. G!-1 IJn I
~I 0 rf ·• maro.)9~ ltcl to o h.11111
cons.truc,ed, lf':!IJipPN bu ld1~ Mi u, h1am&ig
poc~1 t°' c Id H 1e,en olld aculu., C(!ffl , 1y
R>Offfl, and o ONelroml~ mun)Vd
VALUE ~ SIZE
$'i6.000,000 I 18.000 5F
11-lliFEJ?[ HCI
Cit~ or So11la LiOII ID
V O:,,l'it' \',
Poon Planru119 Mcnogl!r (~t )
(6Fi1 I 25S••19fi1
llliCl'IJle\li~ber lc,,.Jdcorn
RELE!o'ANCCV
~omm~.,,l•v ,: l'1hi ,
YillLU • llll
UJ,000,000 I .2lJ)OO sr
Rlf"ER[INC[
Cory""" s.uQltted
brofy D rrcto,- Clf~ ot Y',O\ gton. Ji,
,-or mer S.UJ:~s Cti•itl LJll,orlan
(2'14 ► 490--001-41
cary.11eQfned llfWO~Qlon.hb.10.in
llllEV,.HCY
Ill
8-37
l;illl~~IN '- TA UCTUll[S I
Libraries + Community Faci I it ies (representot,v-e experienoe) TU!,,IIN "4A1'1 11111~.ARV ~,J~,11111 ,:4
--- ---- -
DE'5-CRlltT'ION
TIL r 2.000 '!ir llbforv odud~'d on OiJtdoar
s,f JO Clh!f ,:oor,l!"CU •a llw 1utfIn C ty H Thr
adlit:, M!rYH .1tud .nt1 arom lbotn '"' J1.1M n
loll'lll Sunto 11110 School Districts, rt10Lur1ng ,cud), and 1uror1ng rQ(lfflS v.tllrh ,epurar,• t~n
a.-.d Yoll"'19 adulb ior q.ml1t~ IQOm ng n, n,:, ,;
f,27 SP/. •oc:•h•)' CIIIOV-lf'CI tl'tll llbrar • ta e parid lb coOKtion:i and ent!Ol'IC,t 1111.ltor omPnIrI
pr~ 2lJ 1 , HOU ofld ::11.«~v
st111licats..
-------- -
VA I.U E • ·S l11i

12.l.000.000 I !2.000 SF
Ill,- IUliilCI

01.y of l .iscin
Jotcfl Ct r hi
Oepu,y Publ,c 'tl.'orkS DI1 c;tor
~ll•j 57J• J,S
lchurchtll fll'l,flncaag
IUL V ,t, N(:'f
utwary, Of nl] County Oreiect
HA Lr MUON a Av ~ IIIRAR'Y M,.,, ... CJOftl ., ... : ..

Thh, bmr, praj I WICIUo;MCI 1t1• cl(M,0(.1 llt1
of Ll'l,t I!• ~b!IQ library, replaced ¥\·1U1 a nP'N
2;2.000 Sf •brClf'/, !)iQfll'olllg n..-ol~ .ol Ml._..
~ !Ill)' ~i,em~t and oulreadl and
ncludl!S dl1kfrl!n'1, and N'II or ~ 1,ua\',
1Ir r~ tir . ra Y"t'II m a roor d , <:wrty01d
m11:I o1num Al Ill• l,n;t m.'1•11'11) lll'fl 9'f till g n 5ofl •,~,l!!'O Count I this project lnclud,f~
o large rQDttOP ~~Q,, onO)'. Iv, on
tatlleinl tlocw heat·~. and coontlfl.s. odd1!1onal
$1.K10 ltol\!ff t
y.r,.LUEi • !Ill£
1,25,lOO,CM» I 2~1000 sr

IIEFEIIIE NC E
C,r., DC ha MDllfl li.o:y
u,.., iY Chldfflt!'!
A~om Cl1)' Monog
1650) 72iJ~S'27l
,rd![d ,e,r hml;H;II'/ cnm
1111.llV,. C't
l.Jbn:JP·,
I ou1.1,1•1 Hil l llllRAI?~ 'l••·••: ... , •• ,.

I
l!IE!SC11!1PT10N
This 2S,OClC ~, communi.,,. cc-n•e-r end °"'dOOf
IP<)t;;• lnl;I Cl II "lit ~ 1 t I' ' n t t I
wi'Ul bw m1.Itl-purliJOK' roomr.. g-;mnc:u:,1um.
tlii11u0<1,, 1, ~1 1iol'l1tfQ110, 111,di . r r"~t
roam, Olld oUtca Ouldoo, lmp,roY1t111Mil• ar$o
indudit ori 01Jldoor IIT"O-.:etplmcl! (rnercado) and
po,1,. lklllll'ft lr¥1uc:hng ~. w-n! 5109'!',
plawvrouncl,. 1!'1.oenlls 90rden, Olld perime-N!'r 'Ira L TM I M1r,r ClllflYO"I C lltJl'lfUo!'l W01 Ql!,O
mkY:elol)HI
l,lllHI._
•fllYi.1 .,
V"'-LUE + SIZE
!LU,000000 13.000 Sr
~ HJI r.l C
Count,, 0~ La Angal~
r·ll!d HIIIIQ••tf Q
fcJflTICI" cn1r, C0<.1nll)' L bamon
195'1) .a • 4•61 l
lredml)~lobal.rwt
8-38
I
F1re St,ati,ons + Public Safety Facilities (repre:sentoti\18 e.:pe rience ) 011,,NGt c11, r1P.r ori>t,RTM(~T H[~C•QUl,l!TEQS ,-,•A~r.1 -A

D E SC-RIPTIQNI
Gritr 11 buc{w.-1 serwod 0:1 1~ Pn,,:iram
ohd Co~ructloo MDoogff to O••erwe-fM
d....,lapm,ni ,;;ir lfl• Cll)''l lft.00Q iF f"III
Hroclquarten and ~nt Statkin No.l v.1-.im
,·lcA!1 I 11 .. Old Tw.·rvl! :s.ec,110n or OrGnil■ T~
new hl?Odquort11n kndudH o l!r,500 Sf ooy tor
lh": PH & I IIJ(•1 ond ~li!'I- rind a • ..., D•i(Ory,
l:J.!,00 ~ Ddl"IWlt'ltfatlYlt bu.ldrng It rllph:ICP.1.
ll't Ci~~"t ~ 5,t<)'lklt, lo 1, y,;/jicJI WQ O[~
e IC'W bloc i; e·A 1 on. $outll t.rof"ld St~c1
J 2!>,300.000 I 30 000 SF
Iii.FERENCE
C:•1 ~ or 01''>119
Fron!. SUn
Dt-1"!1'11 Oil 104'/CII:,' (flOII •r
(71C) 'N.t.• ss.a,""
!s.111'11,'i: I ~O~g
RILEYa,~C:'i'
F rr !itoll011, Orongr Coun.ty Pl'oJri;l
IQ
- - - - - - - - --- --- - -----------
Iii U t NA PAR'k J:I&'( 'STA'TION NO 61 ■ .Jllt!IA ,,.,,.., :.A 0 SC: IA-11? '1 101'(
Grrftan l,(ln, a, ~ PMC '). IOf 1h11 lit 1tatlo!o1
wl'l~h t,-• odm is.trm ,..e aOrct!"S ror tlle'
~••ohon and OC:FII 0n't"i1Qrll 7 ~ l« II
I 1u • "1r ltt epp0.;at~ txly,; w1ll1 qt
Dpffllng bl-told door1 end o dgncl l'llffn.Jpl,:r
The l.\1.1110" OIM> ltlcl,., (ruir,I~ 1VCtrfll c!"ld
attic• ,ooc,.., 14 dorm1:ol)' dP!tptng qoonl'n,
lltll~ onr:l dilliftg le1e,1 UM, and O 'IYOr"1out
room ,
-----
1, 1 ,000,000 I lit O()J SF
1111:T El!! U'IICE
J(lt'I' 8 Von 1 IOOI
C:urren'I C11y Ol"lOfJff, ,i.!1Cllf1 m
fOflY! l;t{Y Ma"Og , Buf't!CI ~tk
Pl.a) 5<-l-155(1
(~ndf rpool lloQ
AELEV,i.NCY:

F r• Stcrt1on; Orong11 Co11r,tt P'fOJIIK(
- ----- - -- -- - - - - - - - - -
,._ A I¼ I! A f T A ,-, .. l (< C: H f I q [ ~ T A T I 0 N N O i .,. • ~ t• A r r • ~ ■ , • , "' •- ~ DE!llfllllll'T I ON
t,;1, ,.,._,:,-!I.tar, lire- Colloo 1ndud!!1 on
appomtu bay ,u. a w dcnn. tone,,s.. d nlng and
~ room, modem lotll!f s.poc;e. laundiy
l'Qelml, l"ll!Nlcol Morog • a .,, 11 n:, onoclat.«:I
oH"-ce spec• enod ~ A liom ltf'lCIO'lure
end bociru., powet weMrotor " 0110 ~
r;.QftS-,1,."lfd TIit~ ,WOJ , !NO": d VII~ OJ
c ,-,w1t of rcrrl'f Needs ,i.~MJurnenl I Pr!!•

0.... plffl!!llt ~ryic" conducbl. ·d 11'/ Gr"lt,n
Srroc11,11e•
mm~• JrU 11.i ,.

VA I.UI • lll l
19,000,000 I :-to.~ ~F
ll!EFEll!ENIC.E
C:il) of ,.,.al1flclton Beadl
J•li Flj<Jl•o
Sf.nior 4::ivil tngi­
(t12,oa) .US,-!},150
Jr11ollta mal1hallm1bl!OCh..gc11
ll!E LEV ANC Y
FIi• 5ir t !Pn, T rt~ sunlon
8-39
!Fire Stations + Public Safety Facilities (r--eprewntatiW! ~ience ) I c. A ,i , ~ 11 ;. o ., a 1 1 , r A. ~ 1 R 1 •• r ,. c Q 11 A R 1 1 R ~ R r r.. o ·,• A 1 1 o "' . • " . , , • : c • DE'SCA I P.T I DH
Gntfo, p,o .. ,d 1:1 ~- I ruc:,011 mcJ"°'il-Ot ond
lnspe,ctioo, r.crv11:rs to lhe- 5-1,!.J!S Y Cit~ ot
tortJbod Pl.IOI"' S01tl )' C('r,1 r whilQl ncl/J(jH o
l1C'>'I main IN!lry creotlrtlil o ITMlfe- 1nv1r1ng put,l;c l'n t 1 ';' fJOll'II; "I'll,, c.t!I I fl,' IOCCII 1 !HO.II l«Nn<a • remodeloed d15poldl centt-r. ne ,Y ri..m$J1Jr191
tlvO\Jghou"l, llllflrOl"Nf '-Offlpl1a~ ""'"h 1 ,:,,..,., Trantpcxlolron OrlllClrd Mono,;,il!mo!'nl pion to
red~ 11asrte, argt D ~oh~r ptmr.o.-Dl1a
1-.,S1!L'm.

VA.l.lll! • 5llf
1,1 , l() 000 "5.000 SF
II F'ElllllNt'
Cit!{ at (:i,,h,ood
Snt'lnff! S'IJ!'WDl'I
raei (Jl!'S r>'rog:om ~
~7&0} 317· :1508
AEL~VANCY
fir ~DtlOI'
- - -- ---- - -------------------------
EA~ TV Al£ CIVIC CE>',T[P. Flll'E ST,t.TION & LIBIIA.PV t•>l•A1I cA -- ~ -- - - -- - --- - - - - - - - - - - -- - - - -- - - - Th• Cl~y D1 Ea1twl frue-l'llk to cr1HJt tt\4'1r
htU ~ p(I- t1¥t¢ ptl' ~ w11'1 O l>i!'w ell';'
holl. brory, and polrce $•otum d~ignied to
bl! m II Qr,d U l>ll\pollfll.l 01- lh•! ,OC-OI
1fOYMn~nt t wy fllfJfe-$e11t , pro1ec1 be,gon
th O G,1lh,,•I~ ~Oil ,m!'l'l('lr1c ~,:,r nNdt
OU~$111HII, wh«e Wit W\'C'f11 kl'lll'I' Hffictl'd
10 !lro-~ °" 0-:i-, flrD!Jtom aod cori,tructlon
,..onc:ig m l ioer',!ICft ~ Che Caty
WAl U E • SIZE
11 OQ .O"O D1X1 I Jo111.J.OOO if
~J r INCi
C t~ o! l:.a, ,<1
~Qt ~ Orin•
D l r 11.GIIIJIPCr
(951~ 700 .I;~~
rrorme, \ofOP'w'I KO-!)CN
1/11 Y~ CV
I • , ArtO Library Pro K1
---- -
(.ATH([1R'Al (IT,' FIA[ ':,TATlt?N NO ill) ca.t 1•101-a. ~ ~.,.,.. ra.

DE' !!i C II: I P.T I ON
Gil Hrn ~ m lhc! ConwuctlD11 Mmnaver tor
[he n ~ 8 500 !; far~ tco 1,on I\ Corn,e,d,~f c,,y,
~1a11on 411 lincludl's 1'11't'e oplM! attn bo)'J.
h-. n:g q.iarten u I lfl UJ 10,:i1d dcplc,y l"Jl!MI
t,cr~ ~•• doo.'11' , IJNl lg!'lt,r dorml1orhts, cop1a ·1, qUDrtffS, ~ room,, cl1111fl!l and l,vin,;i 51)0Cl!'1.
..-,efk/~ ~~y' OfllEI, llqUlpml!flt mo<nUtflO"!Cit Ond
5t0f'CJ9f! CJffO!S, pub6c krbb,' ond lr~an.d g
4~' tall r;ommunk:a 1 lom ow~.

VALU E • SIZE
s.B.000,000 1 e.~ 5F
REF EII E IU;
Jo-I Do~on
Klfffl H~'t!IOpm f Dlt !Or
C.01flt lrol Cl~:t
183.1) !,N-!!,.6.,2
)1111tVCIOV1~•.gma11 .c;om
~ L.l'-.fA H CV
F-1~ sun n
'
8-40
l < I Ill 1 0 u ' L I IC A f I O '• !I & " t L A r r o r ~ P r • I ( ,, c; r S I
Fire Stations + Pub~ijc Saf1ety Fadlities frepresentative e>:perience ) t U \ f f N I l R I "'• • Ji r I O N ,~ n 1 7 • u , 1 1 w p A D E S:C:ll'IPT'JON
Grittln S.,,ucturM M!fftd as Program and
C-01n1Juctloo MIJIIOQl!r !Of 1 ht'5 prolec ..., hki1
s Qi a. r11pta, l"nt'H fir:, IQ, 1 M •• iu1m
Slatlan ~phx:ed • to fha ag ond laxat,on.
rnie t1 "' fltlC)II it G [WO•bor 8.~ ~F ~lotKlfl
with rr<>dHTI deYIJ'1 U!JWOdH mMlmg the
kM • QCF,', ond c,rv n• TUJlllll ~1nl"ldmt1t Th
:uarion 1.1 locored i11 Che Ti.,um L~IIIC)' tli,tncl
ar,d WIii ~J!'\IQ' I~ 'Mt!:," g! _.,.,"'fl OIIM Tht­
~ot1c:in 1s o o l[{D Cert, ,od and was del.wred
CIIM QM Ol'i•~C
- - - -- - ~-
'w'&L U • SIU
16,000,000 I 10,000 S
~If Ri!UtC:11
Cl1 i or l •J .. lll"
klK'tl Churcti
Depu:.,- PIIIIIIC WMl<:r. Director
(71-41) !>7~•3:3~S
h::hurc'1i II t1r.1•1nco Olt;I
IIIE L. C '■'AN C Y'
r;,. Sra11t
ru~tlhl ,l(ll,/111\1 8LCG, CORP0"Ar[ 'IA'!C & EMEAC.E/ot(',' OP5. C:Tll , ..... ~ I& ----- -
DISCA l ll' fl ON
1111s PfOll!Ct con:sl,tl'ld ~ I d"'ffl LkNI of on
S.I ,g hr• llCII . Gild lor-11 tin ma;;ncenance
01111:" lr01lcn ond ~ con,tru.. t -on or o 1 7, lEJI
S:T WQL I a■;m\ffll1U r,J i011 lie• dq1,utr Ii l()l"ld
yard. 1D 1111dudc 11 -s,111:t'-of-11111'-art ~f'gt'IIC)' 0p(!1~1 i'li C.IICll!f, I up rtl'l'Wr~M)' ~,i:h
cmter, ond PACl:S fRadto .,_mot(!UT CIVIi
[ft'H!'r~ncv Service-] room.

VALL.JI! • Si l
u~.:.-00.000 I n ::t00 v
IR FIil" N C
Ctt~ ol fu"m
Joso;, CJ11JF(1'11II
□qK.Jty r-llbhc Worh On~dlll'
171-11 ~7.l•.U5'5
jdw.m;fll 1u'!ollnco.org
lit L,('\1';11.N C V
l'ubllc Soler, Pl'Oj«t
I 'lo •• N ii I q •i II q c1 1 r, □ '• ;. L L I v c o "' M u ri , c .1. r I o N c , H r f R , • .. • , • ~ • • ,, , ,. ,:, ,: •

DESCR I PT I ON
ltti, ,_...,,. rr11u.on-critlcal roc1 ty w,1 rl!\"nG:.11 l)Pff~ ~fll'f,/l-1.}7, uno,r ..,t,flf11'!! '-Or■<f:Jlcwt!li Ill U1C pml'IOI')' lrnft9fflC)' 0pe-roh0n e.ntn
([OCJ '" ll'r Sar, ll'l!'fna g Vtill,e,y. Delrdred
WI th.r O011igr - &11ld procutGmll'nt metnod,
ll'lh, ccwr,p,~"""''.,~ &0.000 SF' bu 'llil (In 01
l!':i ll!i ocnP site- 'l!I ,II lie occup!iltd ~ the Sheri - C:or-on~, 0 r,c ot tm.M'!]Jltllt)' s.Ni~ ... ,
Emergt-ncy ~ed.>tO • and Radio !of~ent
Cl~
GlllHI
UJI J"SII
VALUE . +· SIZE
!, 35,000 000 I 7'5,100 Sf
A:Efl:IRIE N C
Sal' 8.-mom tllO COI.Jn~y
ll'er>e Gl)Trl'
Supt'rvl,111""9 Pro,ect MllnacJrr
1909) '77M2.2ll
I "-,91.•nn plm $lxounfy gQV
A'C:!i.fV ,Uoi C Y
Public Sate~) Pro,<KL
8-41
✓. r
8-42
Project Approoch
GJlthn ~ppfooc.he.s prc,ecui w1rh 1ht.T pt"r'5pet;fiw gf Q.ll Owner, and 1h11 Mfght or on Armitec.t and Conuac.101. Li .,: aM Own~. v. op~ CKh pr~ec1 os 11 r Is owr i,_wn money. sch!dule, and foc,Ji1.y lhal s bot-,ng d,.vrlopod W ol,5,0 Wlll4'1"1Wrid lhtt 1rdlnice l D'l.?"'i:;111 and tmd knowiKl!]t' en<:>nth:il ro p,rovid1 qualll>< ~r,,,ke Fram eoncept lo k.e'p'5i.

Togc-thr-r ,..,,th ~li.r.M ci;imponcma, er;·r,1 pro,dtles Pr0,Q'fan1 Mai,og me-n.1 and Conitrui:.c,on .1anageml:'nt ~PMCM) ba~, ,ct en O'.lr qu• blJ?nd of l!!'q>iNIPnce a!. bol.11 (I pul:II~ Cig~AC)' PMCM and or-,it,c ftt d•.,,•IOPor~ - un,qu I)' ,.,nham;lng 01lf llbil t~ 10 p, o-. ,de unporo I elect k'i"111Cel lo our di nC$ ond h,;w inch:idN 0 1t1mmOI)' ol our g-.-al able !>E'fVkes b~low COM M U NICA TION I DOCUMENT CO NTA:O ·L
S1al\dord1Hd Convnu.meohon and Dc,cum nl Manog~m nt P'f'c;ir~ols ,..,.-11 ti. 1Jf1liztod lor gll project c:Jocumenc c;,ontrots. All .ijFl!io, s.ubmltca 5, ASl5, CCDs, Delaoi. doily reporu.. p(Ojli!!Cl pl'lo•o~. S\iPPP repom. schl!cfoles, al'ld cl~t docwn~nts will~ canfu I:, lntc,grat ,J,d mto rh,;r C1\y's thifd·pmt> W"Cb-bos.~ SoftwQ,..-05·0-Storvice (Saas)
SCI-IEDU rLE MANAGEMENT
A compri:-h~n:i:1v ma~l"f prQtfKt KhKlul-1t WIii be crNtKI lo nclbd!? all ospe,ci~ o1 chi! pro]Kl, fncludin , but nee I mired co: ~ gr, tl."IOI .Ons & ,~111i;,..,, t ,._ p,enn ning ~,hi::rSc!!!~ prc- quolir ~tlon. l;Hd Ing. !;OO[rcJcls & lnwroric 1;onstructloo pt-.asmg, cit!/ inslotlotl<>M. ut,l,ty connecoons, IT ,n~talla1r0ns, pw,ctili\-t, i:Ofnm1uiori 1\9, & c:Qnti11g :ncy, FIHANC lrAll. C O·NITROLS.
[ffocC 11c liMJnc;Kil coo1r4;1l1 deJX1nd Qlfl chOll911' "10~g m nt, t1nml~ 1nvQ r•~ da1m m•t190, on & av0ldanc • c;om,wcmen, 1.0 vatu~. clecr doC\llllentohon and ~I com~henskln . Ou, !'"Pi!ftl!.1!' fn chis co1e9o,y cs l:lest-ln-tlM!. and 1ndud~! a e1.t lm0t1ng 1 m to ""rv.- a~ a I n:ri~c- ~nt In d(iv- lopJng ~dg•f a-nd thnng or~ negot,otion ,
QUAIi.iTV CONTROL 06SERVA11 10NS
1nsp,,Kflon1,, ~togrcph:,/f1PC;hnolog}' such as re<:ofd,ngli, photog pl,)', B bt-im TP.<:hncil~ 10 locil,mt 1.he commun~o11on of c1'11:1 lenges UI lleld ftir qu~k r~s.olutlor, & do.:um~11t1n1on. Btnlct1ns, lnfQrmglian Mod ing (8111111. Clllq Fi•ld Ob~tlon Re-(;1011J. will b OfJ'lploy-cd for Qunh ty C(lr,lltral lll'ld lt.S!ilifDrtat ,
ci<'ill,IH•
1111 r• ■ u
8-43

3. SCOPE OF SERVICES
Scope of Services

PRECONSTRUCTION PHASE
Master Schedule Development
Griffin Structures will produce a comprehensive and
detailed project schedule that anticipates and includes all key stages and activities of a project. This schedule will include all design milestones including time for
City review, permitting, Contractor prequalification
(if desired), bidding, contracts and insurance, FF&E
installations, and time for move-in before being open to the public. Sas noted above, validating the construction duration against the market will be a key part of the
schedule development.

Master Budget
Griffin will develop a master budget able to capture
the total project cost. Not only are we able to review
construction cost estimates, but we are also highly
skilled at identifying unknown costs that must be
incorporated into the project for its success.

Constructability
During the design process, Griffin Structures will
perform extensive constructability reviews at iterative design milestones. Griffin will evaluate key aspects of the design with each review, with particular attention
paid to those items that can result in added cost,
extended time, or compromised value. Griffin also looks in the early stages of design for consistency with the
basis of design and program guidelines.

GRIFFIN STRUCTURES
At each stage of design, the documents reveal different characteristics, which we will be evaluating. During
the Concept and Schematic Design phase, our primary
focus will be on the efficiency of use, adherence to the program, site layout and massing, building orientation, and basis of design.

At the Design Development and Construction Document
phase of design, we will drill down into the project's
critical details and look for apparent discrepancies
such as missing callouts, flawed notes, and other items.

Our review will search for inconsistencies such as civil and MEP point of connection elevations, waterproofing
details and drainage, heat load orientation, framing
coordination issues, and countless other pertinent
information.

Finally, the key to the usefulness of our reviews is in our use of Bluebeam technology. This tool allows for
the digital evaluation of the drawings, highlighting the details in question, and producing a report that is easy to understand and is actionable. Utilizing this tool with our hands-on field experience allows Griffin to produce the highest quality of constructability reviews.

Plan Check & Bidding Phase
Pre-Bid Conference: Critical to the success of any bid
process is a well-organized bid conference. Griffin will assist in the bid process and recommends hosting a
conference meeting where a power point presentation is
presented to the bidders followed by a site visit. Griffin will assist the City and the design team in this effort ~GRIFFIN
/~ STRUCTURES
14 8-44

3. SCOPE OF SERVICES
Bidder Questions: Any questions received by bidders
will be coordinated by Griffin with answers distributed to the bidders via Addenda. Addenda issued during
the bid process will be reviewed to ensure that the
information is biddable, coherent, clouded, includes
a narrative, and is issued in a manner that is timely.

These efforts will help to establish a clear bid package which will in turn allow for bidders to give complete
bids. Confusion is the enemy of a successful bid, and
we will oversee all documentation to ensure there is no confusion on the part of the bidders.

Rebidding: Should all bids come in significantly above
the City's budget, Griffin Structures will work with the City to rebid the project. This will include performing a detailed review of the submitted bids to determine
if there are any particular factors contributing to the high bid values, reviewing past value engineering to
see if there are opportunities to reduce scope or create alternates, and any other effort to aid the City in
reducing project costs.

Public Outreach: Griffin will use our extensive database of Contractors to enhance the traditional public notices by issuing email invitations to potential bidders. Griffin starts this process early in hopes of creating a quality contractor pool.

GRIFFIN STRUCTURES I 15

CONSTRUCTION PHASE
Project Meetings
The management of well-organized and carefully
documented meeting is critical to the success of
any project. This includes all types of meetings that
may occur throughout the life of a project. To begin
with, Griffin will arrange for and conduct the Pre­
Construction meeting and will provide both and agenda
and meeting minutes accordingly. Griffin will ensure
that all pertinent team members will be present in
coordination with City staff.

Additionally, Griffin will provide the agendas and
meeting minutes, discuss the schedule updates and
near-term activities, work with the team to clarify or
resolve problems, coordinate with other Contractors,
update the team on the status of change orders, status
of submittals and RFl's, review safety issues and other topics as they occur. Griffin will assign action items to responsible parties along with the corresponding date
the action is required to be complete. These meetings
will be reviewed for concurrence and will be distributed to attendees within five calendar days.

The Griffin CM will also work closely with developments in the field to attend and document, or cause to be
documented, all necessary meetings including but not
limited to weekly safety meetings, utility coordination meetings, issue resolution meetings, commissioning
meetings, change order meetings, and any other
meeting need the project requires.
~GRIFFIN
/~STRUCTURES
8-45

3. SCOPE OF SERVICES
Project Controls & Contract Administration
Construction Management Program: As described
above, Griffin Structures will be utilizing Submittal
Exchange to manage all documentation needs for the
duration of the project. This system will include all
design, City, inspections, and Contractor team members
as needed. All licenses are included, and when the
project is completed, the entire file containing all
documents will be archived and transferred to the City
for posterity.

Project Documents: This system will include all project documentation including but not limited to: all shop
drawings submittal reviews, RFl's, payment requests,
change orders, product data, material delivery dates,
daily reports, project logs etc. As described above,
Griffin will employ the use of Submittal Exchange for
expedient distribution and tracking of these documents, as well as tailor this effort to provide the exact level of detail expected from the City.

Safety Regulations: Griffin will work closely with the
City and staff to prepare and oversee the mobilization
of the Contractor, the phasing of work, and the
establishment of suitable and safe construction staging including but not limited to' fencing, barricades, temp facilities, temp utilities, construction trailer placement etc. The planning of this effort will be started early
in the preconstruction process, and an initial site
phasing and staging plan will be included in the bid
documents to give guidance to the bidders regarding
City standards and expectations. Additionally, Griffin
will observe and document any and all safety concerns
observed on the site. These will be reported directly to the Contractor who will have the ultimate responsibility for maintaining safety on the site and may include
required safety training and reporting from the
Contractor's safety officer if violations continue.

GRIFFIN STRUCTURES
Photographs: Griffin will serve as the 'eyes and ears'
of the City for quality control. Accordingly, Griffin will walk the site regularly and inspect all installations
for consistency with the construction documents and
photograph the site regularly. Specifically, Griffin will enforce the highest level of workmanship to ensure the
City receives the best value for the investment made on behalf of the community.

Schedule Reviews: As described above, our CM will
review all Contractor schedules for accuracy and
consistency with the milestones critical to the project as communicated in the approved baseline schedule.

This review will entail reviewing the logic of the critical path, the integration of City installations, reasonable durations for submittals, inclusion of weather days,
commissioning, punch list and closeout. An updated
schedule will be required for every monthly pay opp
approval.

Invoicing Reviews: Griffin will cause to be established by the contractor, a comprehensive Schedule of
Values for the entirety of the project for approval by
the City. Once approved this will serve as the basis
for all progress payments, which Griffin will review
for consistency with progress in the field and make
recommendations to the Contractor for correction. Once
corrected, Griffin will then make recommendations to
the City for processing.

Building Permit Requirements: The Contractor will be
required to call in all inspections to the City building department, and the Griffin CM will observe and review
any and all deficiencies identified. We will work closely with the City inspector to ensure the construction is
performed to all building code standards.
~GRIFFIN
/~STRUCTURES
16 8-46

3. SCOPE OF SERVICES
Contractor Progress Review: The Griffin Structures
Construction Manager will provide daily progress
review of all activities performed on the project. This will take the form of a daily report which includes all workers, equipment, activities, materials, and issues
encountered on that day. Additionally, a counting
of construction days will be accrued as verification
of contract days spent, along with a percentage of
completion for activities. Any issues or problems will
also be documented for future reference. Additionally,
as discussed above, Griffin will review all schedules
provided by the Contractor to confirm they meet the
overall objectives of the project. Accordingly, Griffin will oversee and ensure the activities in the field
are consistent with the approved schedule and will
recommend corrective action should they fail correlate.

Forecasting: As part of our Budget Management
approach described above, Griffin will update the
project budget on a monthly basis and project forward
a cost to completion to the City. This will include all change order projections, inspections costs, soft costs, contingency uses, and provide a cash flow for City use.

Submittal Reviews: Griffin will review all submittals for completeness and work closely with the design team to
process and return submittals on a timely basis to allow for the highest production of work. All submittals will be maintained in the document management system.

RFI Reviews: Griffin will review all RFl's to confirm that they are in fact pertinent to the project, work with the field and the design team to come to resolutions and
work closely with the team to come to solutions that
do not add time or cost to the project. All RFl's will be maintained in the document management system.

GRIFFIN STRUCTURES I
Issues Resolution: Should the Contractor request further explanation, we will work closely with the team to
resolve any lack of clarity and provide guidance for
moving the project forward.

Change Orders: Griffin will review all change orders
and provide supplemental information as needed to
justify their approval or rejection. Griffin will negotiate with the Contractor on the City's behalf and serve as
the point of contact for resolving issues and mitigate
against potential claims. Specifically, Griffin will seek to avoid claims as detailed above. All Change Orders
will be required to include proper documentation,
subcontractor and supplier back up, and any design
or owner documentation that justifies the merit of
the change order. Additionally, Griffin will perform an evaluation of all change orders to confirm the estimate is consistent with industry standards and fair market
pricing.

Claims Avoidance: Griffin will implement the claims
avoidance program detailed in the approach above for
the successful tackling and ultimate mitigation of all
claims.

Changes & Change Notices: Should the City wish to
implement a change to the project, Griffin will work
closely with the design team to prepare and issue a
Construction Change Directive that provides adequate
information for implementation.

Public Utility Liaison: As will the coordination with the utilities during the design and bid phase, Griffin will work closely to coordinate all construction activities
with the respective utilities to ensure proper and timely installation.
~GRIFFIN
/~STRUCTURES
17 8-47

3. SCOPE OF SERVICES
Record Set of Documents: As stated above, Griffin
will manage all project documentation via our
cloud-based document management system. As
such we will maintain all shop drawings, product
data, samples, submittals, purchases, materials,
equipment, and applicable handbooks. All documents
will be maintained and turned over to the City at the
completion of the project.

As-Built Drawings: As part of the management of the
record set of drawings, the Griffin CM will require that the record set of drawings is kept at the CM trailer and that all trade contractors mark up a single continuous
set of plans for turnover to the City. Where possible,
Griffin recommends record drawing be maintained
digitally.

Reports
Daily Reports: Daily reports will be maintained that
capture personnel, activity, equipment, inspections,
photographs, and any critical issues encountered.

Weekly Reports: Griffin Structures will prepare and
transmit a weekly report to the City which will
catalogue the time elapsed, % completed, activities
completed, activities anticipated for the following week, updates on the substantial completion date, budget
updates, and any critical issues encountered.

Monthly Reports: As with the preconstruction
phase, Griffin will provide a monthly project status
report for distribution to any and all parties the
City deems appropriate. This report will include key
milestones, anticipated work pending, budget updates,
photographs, and any key challenges encountered.

These monthly reports will also include an updated
cash flow, and updates to the total project budget that might have been encountered in the previous month.

GRIFFIN STRUCTURES
Construction Inspection
Preconstruction Survey: The Griffin CM will perform a
visual and photographic survey of the project prior to
the start of construction to ensure a proper recording of existing conditions is documented.

Building Department Inspections: The Griffin Structures CM will coordinate or cause all inspections required
for the project to be built in conformance with the
applicable codes. Where the Contractor is responsible
for calling in all inspections and maintaining the
inspection log, the Griffin CM will oversee this effort and .ensure all building inspections are properly performed.

This will include site work, structural inspections,
architectural inspections, electrical inspections,
mechanical inspections, utilities inspections, landscape inspections, and systems inspections.

Special Inspections & Testing: Griffin will coordinate
and oversee the scheduling of all other consultant
inspections including but not limited to geotechnical
materials testing, deputy inspection, and special
laboratory testing.

Quality Assurance Inspections & Oversight: As
described in our approach above, Griffin will implement a rigorous quality assurance inspections protocol to
ensure the installations are in compliance with plans
and specifications on a continuous basis. Griffin
will observe all installations and notify of any non­
confirming work installed. These notices will be detailed and thorough and provide recommendations to the
City and Architect for corrective measures. We will
also notify the Contractor of non-confirming work and
will track all resolutions via our Field Observation Log described above.
~GRIFFIN
/~STRUCTURES
18 8-48

3. SCOPE OF SERVICES
Community Outreach
Website Content: Our team will provide the content
required for miscellaneous website updates. This would
include milestones, field activity updates, photographs, and any other content the City wishes to incorporate.

Notices: Our team will assist the City with providing
content for any notices the City wishes to distribute to the surrounding neighborhood. This information would
be specific to road closure, extraordinary construction activities, noisy work, and anything else the City wishes to communicate to the surrounding neighborhood.

Neighborhood Updates & Meetings: Griffin will assist
the City in hosting and leading neighborhood updates
and meetings. This may take the form of leading
presentations that provide updates on construction,
answering questions, and serving as the construction
activities representative on behalf of the City.

Electronic Media: Similar to website content above,
Griffin will support the City in the preparation of
content for inclusion into electronic media updates,
newsletters, and potential local newspaper updates.

Media Management: Though the City will take the lead
in managing all public information, Griffin will support the City as needed to provide updates and responses to
media inquiries.

Project Hotline / Email: Griffin recommends establishing a dedicated phone number and/or email address where
the interested parties can seek information. Griffin will respond to any inquires within 24-hours. For sensitive
items, Griffin would work with City staff to tailor the message before responding. Griffin has found that
project opponents can become advocates when the feel
heard.

GRIFFIN STRUCTURES I 19

CLOSEOUT
Punch List: Griffin will coordinate the final punch walk of the project to ensure all improvements are per
the plans and specifications. Specifically, Griffin will employ a Field Observation Log during construction
that will seek to identify quality issues observed by the project team on an ongoing basis. This will serve to
function as an ongoing pre-punch list, and therefore
help to minimize the issues discovered at the final
punch walk. Griffin will also oversee the following
punch walks to confirm corrective action is resolved.

Once completed, Griffin will issue a comprehensive
punch list for completion by the contractor. Griffin will oversee the completion of these items and ensure that
all deficiencies and corrections are completed to the
satisfaction of the City.

Finalize Change Orders & Claims: Our approach
minimizes change orders lingering to the completion
of the project, and we seek to do the same with any
claims. Nonetheless, should any outstanding issues
remain that require change order negotiation of claims
management, the Griffin CM will coordinate and lead
these negotiations on behalf of the City to a successful resolution.

Record Drawings & As-Builts: Integral to our cloud­
based document management system, Submittal
Exchange will assemble all guarantees, certifications,
affidavits, leases, easement deed, operating and
maintenance manuals, warranties and any other
closeout documents. This system will provide a
complete digital file for all documents, for future
use, as well as maintain cloud-based files for future
use. Additionally, Griffin Structures will cause to be
maintained a complete and up to date set of drawings
for the duration of the project.
~GRIFFlN
/~STRUCTURES
8-49
Cleeltonlc File Tronr.mittol: i\1, d $tri~ ln our
opprooch 0-bo1R1, o wrn~h•n&in leoctron,c orc.n,..-e-
of all l)l"Oject flocumenco, Ion w II be tr~inmini;c:t lo th C ll}' !Or f [Llf ri::-1
uocument.s mcltiding, plon:s., s,:,cc1f1cat,011.r;, rr1>0rC• d'long cnd~3.. ,ubmiUQlt,, RFI CCD':., rASt'5,, S'NPPP
r~pons, mpectlons repons, f!hou,g.-apiu;. 01\d on:1 orh r pr eel docwnentor-on ri,quired of th City
lol al Slclrt IJp a l'Htln,g; It wi I be wclcol Lho• the c:,1y br "'O on IL! (Onlri'liU10ntng cigcnt l!Cl'fl)' in I proj~ Cl'l this ~Hor, bll'gin~ ot th!> tlm of denlopm ~ de,sIgn
c!eli4'1opmenl 1-µ«•rlCOUC.i'I! G11U 11 WIii 1t,;01k clOst!ly w1Lh the Citv ,o utobh1oh LhiJ pt'C;if1c:01t0n, ~ pp,ort lh Clly ro l5~ 119 an Rf P, Qf\d 'MIi coocdlnatli!' with Lh@ c~ a i,,nr ond 1tw Conucu:tor to effi,p rill/ L, ~t ond comminlon th• n uory system:. c:;om;istenc 't'l\th any
LEED c~r,eation p<<X~5e~
Uz.er Truining: GriHin will \lioik w1Ch thi, c;on roctor ~ C1c:i, ~,all to schi!'dule ctJI nec~U(Jr)' !raining on e-v ry bu1 ,ng ~:,"$t Thes~ lmin·ng-:. w II bti r, ordu-d :.o
stnft CO'I \'ISII them 0~ n~e,d
UHr Oomplalnti.: Shouh:t u1oet «1mplomt~ uu!!.e, Oll'i
I rn will coordinot♦ the- mt(~,.Qt)' IWV'lhgi;i1ioo orici °"~s _ tht1 rnolutlon ot 'tha 155414! In COOfd1noc,on wlu the Co,m HHOf.

Wcm:mty l~ctfon: ~I 1hr 11th rnonlh of lh wi;irrgntr
r,111r1od, Gdf1111 w II coordinate Cll'ld ~r!lft o ,;.arrol\t'I in-.p ~tior, wo k v.101 th con!roc,or ro n,;ure o I
ootslancli"'S1 lssves ore rMOl,•ed,
8-50
8-51
Jon Hug]hes
CCM, (lfl1 ,i
1:DUCAJION
f ~ nc • 'IJc •mori1 Cal g
CERT! FICATI 0
C 1t1I
OM
Af'FILrATIONS
U,C,.1/f'JaC: ond u~ l•.rm~ l".,...(Jofpj CoMlrU4;tlon
OuOh{)" Mun~ ~t'.I 1CQIII') P109ro1
V[ARS Of IEXIP[ftU : NICI!
1 QUil\LIFICAl l OHSi
Pr~ Cflt, Jon Hogt,, J, II r~ (J WC<Jllh QI l> ■"f1fl'fl1~'8 ,n flt"og,om c1ncl carrs111xr on Mona «fllt!'IL, ~on1, buLln 10 t~ M• c uru1 cornpichon of man)' ol C:.Ollfam1a'w rncm PfC5hglouJ propert ~ 1-11:i; h:'fl'lr ~potl1 I 111(! I'( '
w,tt, h-.1 d{l,,,oi\~1101 <I rt, 001 , • •l'I tl'i I Id r1M1 IW.'r nt-ta~ 1'11!i ~LI, nir 10 w1,MJ• Olif !e 1n111 a, r 10 1'11 _.,de W lfeft(ll; in l'rO;cct hw-ry I l'Dth c l nt 'I'. "c<"'
Ii E.P Ii !liE:NTA11' IVE. tXPER l il:! NCI:

Sohnas 1:1 Gabtlan !!ranch Llbrafy , C~
[<at, It! Clvlc C nlM, Fl~ Sto1Jon E. L bforv, c,.

P.al Moon 8Q , l.lbfQof)'. Cl•
lu'lotm M n !.tbro CA
Full~rton .,;01n Ll,bfOr'I, i.; A
Ell,1 (] Pork L 1brory Du.Ir(~ R n,:1vo,1oti, Cl'
Hal Moon 1:101 l1tlfar<j , CIJ
Irvine GrL"Ot l"uf, HDm •':Y.larl( Plan t. L brory, r A QuQtlt i-'111 Libra CA
CCMhbod ~ollc & fire Hooa~are r.. Renoo.ot Ion, t A
Manht;Jrton B-eocti F e S[OLl011 No.. 2, Ct\
Ti•II r,,.. S~at,on No 37, CA
Or1;1r,g County f1r lliuthorit·;, CIP j#,11uft1 1,:o Stahon!.l CA i:orono H;r~ !.tc1t1an r.la.1. CA
Glt.15'.rlN
'I.II rl lit
8-52
_. PIAOHC::T T(A~'S [l(ll[RICNCt:S
Rob,ert G,od trey
cc,.,.

Project Ell:ecut11Je

DUC A TION
Bud, ' I SCJ-.:ncc, r,.•~menc f
Georgia 1~11t1,1t ~ ~ Atlo,,tn

CERTI F ICAT ION S
Cet1fu-d Con~m tlOll Moriog 1cc )
A fFI L I ATION.S
CCH"l!Lrucr,on r..i
Am ,w. (lfflb(!r
ment AnodoLton ol
'flEI\A:5, or IEXP[RUNCI:

G Al ~F'I IT R UCTU•[!i I t}
QUA I.. I fl CAT.ON 5
~obert Gi>'Jtro:, ,ng, mOC" tno11 20 ~t 0t co!"flbinect e.:f)etl(!f\C"e! In con1trui;:tIon mono nL tn~ i,lann,r,g /.so eonilruC:111)1'1 manoge,r, t,e, hos ~n 1~11L'd <1111Ing all ptios of QtYVtlopme-M Ofl,;J COM1Mtlon H15, pon11~11 e,i Cl tl10lt<1/c:om,1ru ,IIOf! 1 ha il)nl 11 •COf\i1ruct1on ,,,,.,~, . ,bflc ot\d u e,,;,old •r o,.,, ch, "'°~"9 il!nmtem, t and plan Cfl«I( p,oce~ obr01mng btild,ng pc,mAI, ond ~d,r-cmn In 1,om;, g!'lf1 9 rat,l'lg t)tlftUl II ts and -0\ N!ift9 pro,ee, dOi.t.'OUt ~dbe•L hos O pl'OVr.rl ri:<;Qfd Of p,Gfotl mQ'10ljll?m !"If ll'li.'01 ~ ~rrecl l'le (:QI """' COltOfl with tl~S, I am m mbt~. c:ootdinal ing co1uut1an~. ~ ~ and contrac~ors. • I to onu.re thct di ' gaol~ omJ 1;11 ~ G Othl Ytc
II P A S. NTATIV[ tXIPUtl 1£NCt
Sonto lino 01n 1.Jbn;iry ~l"IOYQt!Ql'l, CA
StJnta /J N~wllapt: L,txor Rimom~iM CA
SQnro MIO D• II CemM llbto ~ BfCl'lth, C ~
SQntc lono Ou~door 1.,brciry ot lll'fOffl rot';, CA
Half Moon Bo~ Libra,.... C,,
"'9lewoc,(J ~ ,n l..1 01 y ,it'f10'e'Clt\)(1 CA
drvme Greo1 Pmti: Homework P on i!. L brory, C:A
CScortd1cl Publ
llroJ«1' i:.~
s~mo fll"II SLOllon J 11:A
ro rrn~ld Fire Sto :!Oll lo j9, t:~
Visel fll Stot1an l'IO '51 C/l.
!odern :01,0
Santo Clorttc (1;1nygn Country Comm,m1cy Cc:-nt~. ti,,
Oucil H 111 ComtnlJfl' Ly Cent , !Vint!, C.4
La""'tldolt> Comt11un;ly Cent~. Clo
Lod O Lindo • Ct11T1"1Ynlt~ Ct!flt , CA
SahJ1C1.~ H bbron f-am.l·/ Cen•('T P..::-.11oli:rctiori Proj,ect, CA Rotldlo Pulos o,:~ C1\llC Centi!r, C
Jurupo ,.~ ~reo11on a ~rk Drstrii:1. V•rno4o Pan E.!1.pom,on & C:ommuruly C:i!!ntff, bupa Vo I~)'. e.1,
8-53
Cody Roth
,cc
Sr. Construction Mo-nager
'EDUCATION!
Son1 'l"!Q l;Qltfla . F,r Sc ~•
S<Jddlt'bacl,; Collegl!', \'or10U'!. Uu1ld
IW.J!« Clf CGl lf'J 5
C'f.Rf l i!IC-AT I ONS / LICENSES
lnh:rnal1or,ol C
lnss;Ml(d•OO
In• r tlOl"ltll C~ COIJncll t•l Cl. tr c:al
lnApec1--.
lntcrnat1on1,1I CQdl CourK1I P•l Plumbing
lnspecUOII
CAL OES Safety .!incs.vm:-n, Program
(ID1'77S5cll
o,ur,oe co,.mcy Storn,noh!r Proy1orn
\'arioui Cert1hct1t1t1o lrOm thot! Col1rornla
Bu110,oo Olbclol1 Tro,n r,g ln1t,w1@ ICttl RO)
't'Eii\lU Of' iEXPl:RUiNC:i
15 c"""N 5-t!l'uc,u r i I 21
0 UAILIFI CATIONS
Cvetv Ro1ri h,n a .-,.ral1t1 ot caPl!f "ncil!' for o i!t\ ol public wor 1i prOj<!'tt'S botn ma JlrOgrom/C:amtruth~• Moooger, or,i:l at, fo,m,., PuQ!IC !/,/Of Ii lnspec1or mulC,i,I~ Q 1- 'IC11!!• l11110lJ heut ht, COf<'N Hr~ s,rc,,ec1 bock ound 01'50 1nclud~1, homontol rosln!C.tuf'J" pr<>jqctli o w II ca v h::al co1ul11Kllon including adn ,ni~tro1 11u olfo;es mun1opcl <eommltf'(:lol. medu;ol, i;md r nuol nt'W wr.suucr,0n i'M-1 or fMOvutJGn.. COd1 '~ building nOvdc , 011 •nt1on to Ckl I, 11ouptITTOr cu,tom r i~ 1,e. nnd p,Qbl m• .oft,olnl Si( 11, un Ion. r conu,~•e 10 s. 1\.1 <:e.1~ os f'rogram/Coni.L11JCt1on Manager arid ln1poi;1or lor Grlfr1n 5t1 uct1.»
RiEPR.E $ E.N"i"Af l YE. IE JCPE'R I IENCE.

Niw.port Btoc:n llbm,-,,, Wltl I-loll C,11
ruse ','.oln Library Reno110l1on. CA
san,o CIClfllCI ConyM CO\lfl-U 'Commur11rv Ct! ~Cf, CA
Sonto Ana Ma 1.1bforv f:le-,1,;MJ1lon,. CA
SQf\1<1 i\nU ~lht Cten'i:-r Lillton, Btor:ie.h, CA
Son ,, Ano OUtdool UbtOf,' Dt .Nrome! l'.'Qri Cfl
Son Juan Capistrano Po~eo Adelanto Hotn ng & C1IJ1 Hal , CQ.

Tvs,,n C01i!!Cill Crn1mbe1.1i, Clli
~ Marino CommL.oml)' Cen!t'r • CA
[St'liCltJ Sporu Potk Rond'to Mn~tOl'I V11!:JO Cu, CA
S.O,J,h GClt. lll'bofl Ofuod, C.A
LDg!.lOIJ Bi:cKh v, tog, l;nfronc • CA
Lt.NL , Wn,rung Trell' Park, lu'!.lm, C,.

T~ l'I PieppNlteP Pot • CA
G.re .-.ood iii Cal Atlont c ", !lrool..:tl('fd,. fllSt n. C-", ~n a by SI'!-.: , Homr1, Vi!>to, Cill
AVOIOl'I 4.~'1m ntfi 11 ~ Jl~Jng'i), \ll•no Ci!\
l'.he V loge at Tu tm LC'g!Xy Ott c Spocct (1ti Bu1ld,ng~t, tA lo, ul'ICII Bt!OCh .t.nir1Wlll 5-M-IH!t, c,·
H~ ~-'51.Qf)' Qttlc. Bull !l Tltfl . (;/1
Tl1 \'ilhJg al hnlm L. ~ Ott c SJl0("-41 (lt. Burl,:J ngil. C 9a • ot i\medcc " Offic,. !.pace, lust1n, CA
WQ91y- ~l COfnpu!li f. 01 1'4! Spar•, Tur.ru,, Cl\
8-54
David IFields
Consln.ic,abilhy Rl!'1J1@w Spec1ahst
!£DUCAT ION
l:la, .. :n, lor of .. ci..."flt-e, Con4truchcn IE.ngir.c nng ~ NJ9tlmffll. Pul'd.~ Un•~~cy
ln1anrrv S1"1110a U!clf! , co, !bar ol.ttion
V I Man, US Mnnnt, <;or~. ){g~ B.,y HI
C[A:'T I rl C:if!.TIO M
Califorroo ConlrociDf Ltc :RU', Clo.-. a
A FF l llATION 5
Am rl\.Ofl ~I t'II' a' Cn11I c.ngl~r,, ,6:1,'S,OC(aft,
r-.4cmbf:f
YEA~S OF EXP'ERI E NCE
1 C.ltlfll'IN 1,l[IIIICTUA[S I 24
•QIIJ1AII. I J'ICATIONS
1Jo,•1d Fl 1,h b a pr= •rao: rrax-d o4 pro,, dmg troi le d1rtc1,o, tn an pt1(19M ot bOl&:a,ng c~,n •on pro Iii, 1nctod r <Mlf rn can of proJi:cf manog fTIC'nt tl:•penmce lo, naltooally I 1n; 9flf• al con1Ioct~. Dav~ ,:r; Ii In O"' II prolK1 I tJ•r1• IJ.

QOIII)' on~rn,ic•. pro9,,;1,n fflll!"(l!J 1, t1nt:1~lol mnnqg _mt'l'!l J lotttc ,tiI9, and sd~uhng He ha!o worlaod on -wid manoqeod prOj~l!o 1hrougt1oui Gal lorn O rang,ng r,om l ~ till Ion 10 l ~ mil ,011 put.Ire; and torivo'lelj' l'und,:.,d dollars.

Do1.•1<i , ~ Ith 4)t <!, p,c,msiD Int 1d , 1:1<,Jt I, not 1tm1·ed to rtsJ.:
mo-,u 11\!ent. I , 601 moria ~mel"ll C6tl~true100,1 ty rtv•~ws.

I,ma11ng d :ugn monogr:m 1, con,trucoon monuormg Jl'DfCCl ~nirt>ls, ,~~ii 1, l~IC!hl<a lrlt, 'l)N!•~tru.ttlOfl lf'lt rnollonal procur m,ml, ,-i;h,idu mg oncl oddrttorn:il 5kill$~1.!.

IHPR.E.SIE TATIV( l:XP[RICNCC
Sonlo Anu M Lr u R YQ1 CA
Sal 10 Al"IO r, tio~ Libl'!Jf)' R~IC1LIOO, C ti
~nfa Ana Dt'lhi Ce,,ter L..lbary Elronch, Crlo
Sal'llb oll"l(J 01J1doo1 Librofy Ol ,ome Por C/1
~sti,o C•~ Cent,:r , Library & ~r,e l:ilollon, Cao
Es.ecr,;:i,cl Pvahc: L1blcry Cr ■ trcol 1nrrom wtwi
Project , (A
Pico P.r'ttro Smith pg Ii: AqlJIJUc CM!Ler P O'v• t 10 C: I\ AC .o Mo~:r Ho1 I, LOS ML;J'!I~ CJ\
rn,rnt on
Vl~l•,a Ci•,•lt Cr-nl l'til ProJ• t IPubltc So',tt,, Of ,cc Elu1k:11ng £v nc~/Sto,c,oe o.u, lf"l9 & CO<Jf'ICrl Chombers), '="
H •Eno Otl . Co I f!11l!OI Cl tl'lt . I vrn • C/l
I!«)' Meado,,,,-i. s,ai,on 2, Sen Mateo CA
B.:Jy ~' t!Odoy,.1, S.o11on .I, SQn Mo·oeo. c.r.

Mo~:.o 11,po111menu So1'1 FrondKO, CA
GtlU! lr'TIPl'OVf'ff'I I\IS, 5,Qf'ry Pl( tur " En! •r'CO~~t . Len Ange, •• Cl< 50•1'1 Stodwm P.flo1I Corrple ... , Los. 4ngefes, CA
~~ldwork Brewing Bffr GordM. Son M I , Cl.
'TrDlr11!t! Ba roc !i Pooset 2 C01'1f)I • i US 11,my COrfJ"' ol ling1necn leGflard Wood, fl.10

11.II WJ n nou
8-55
Mario Kh.om
PE P!,P
Scheduler
E:DUC.-.T IOH
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EXHIBIT B

SCHEDULE OF BILLING RATES
Griffin Structures, Inc Page B-1
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1. 2.

3. EXHIBIT C

INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below anc;l in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply~and-thar coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Glass VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Coverage Requirements.

A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with -limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code.

Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees.

B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury· and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.

Griffin Structures, Inc Page c .. 1
8-63

4. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim • and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no - less than three years after completion of the Services required by this Agreement.

Other Insurance Requirements. The policies are to contain, or b_e endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants.

B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such -policies.

C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.

D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage.

5. Additional Agreements Between the Parties. The parties hereby agree to the following: -
A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person _authorized by that insurer to bind coverage on its behalf. At least Griffin Structures, Inc Page C-2
8-64
fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required _ insurance policies, at any time.

B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.

C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors . shall provide coverage with a format at least as broad as CG 20 38 04 13.

D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not , intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self­ insurance will not be considered to comply with these requirements unless approved by City.-
Griffin Structures, Inc Page C-3
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G. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.

H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such. claim or claims if they are likely to involve City.

I. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Griffin Structures, Inc Page C-4

9-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 15, 2025
Agenda Item No. 9
ABSTRACT:

Current and future harbor- and ocean-related capital projects necessitate assistance from outside firms that provide specialized engineering and professional services in marine/coastal engineering and other related fields. Staff recently issued a Request for Proposals for professional marine /coastal engineering services and now seeks City Council approval of on -call professional services agreements with Anchor QEA, Inc., Dudek, and Moffatt & Nichol.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt & Nichol with each agreement being for a term of five years and a total not-to-exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the agreements.

DISCUSSION:

The City of Newport Beach uses private-sector consultants, through on-call professional services agreements, to fulfill various marine engineering and scientific related work associated with projects and operations within Newport Harbor and the ocean beach areas. Currently, there is a list of capital and maintenance projects associated with the harbor and ocean beach areas such as in -harbor sand management and dredging at various public beaches, assistance with the City’s dredging permit (RGP-54), seawall and bulkhead replacements, and other harbor -related projects through the Public Works or Harbor Departments.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Chris Miller, Administrative Manager - 949-644-3043, [email protected]
TITLE: Approval of Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt & Nichol for On -Call Marine / Coastal Engineering and Harbor Related Services
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Approval of Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt & Nichol for On-Call Marine / Coastal Engineering and Harbor Related Services April 15, 2025