Santa Ana City Council
June 6, 2023

approving agreements with the top ten firms to establish a list of on-call space planning and architectural services. Each proposal demonstrated a high technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP.

On November 17, 2020, the City Council authorized the City Manager to execute agreements with IDS Group, Westgroup Designs, Inc., Gensler, Corgan, Inc., SVA Architects Inc., Black, O’Dowd and Associates dba BOA Architecture, Gruen Associates, Gillis and Panichapan Architects Inc., CAP Architecture, Inc., and Ware Malcomb to provide on-call space planning and architectural services. In addition, on September 7, 2021, the City Council approved the first amendment to the agreements with these consultants. Due to several tenant improvement projects, the amount originally allocated for these agreements was depleted sooner than expected. Staff recommends approval of the amendments to allow City staff to continue to utilize the services provided by the firms (Exhibits 1-10). Staff anticipates additional projects that will require space planning and architectural services provided by the contracted firms.

FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and new aggregate limit of $3,300,000 annually for these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued to a firm.

EXHIBIT(S)

1. Second Amendment with IDS Group

2. Second Amendment with Westgroup Designs, Inc.

3. Second Amendment with Gensler

4. Second Amendment with Corgan, Inc.

5. Second Amendment with SVA Architects, Inc.

6. Second Amendment with Black, O’ Dowd and Associates dba BOA Architecture

7. Second Amendment with Gruen Associates

8. Second Amendment with Gillis and Panichapan Architects, Inc.

9. Second Amendment with CAP Architecture, Inc.

10.Second Amendment with Ware Malcomb
Submitted By: Nabil Saba P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 34 – 2 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between IDS Group (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
EXHIBIT 1
City Council 34 – 3 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
City Council 34 – 4 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between Westgroup Designs, Inc. (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
EXHIBIT 2
City Council 34 – 5 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
PariSima Hassani
CEO + Managing Principal
City Council 34 – 6 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between Gensler (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
EXHIBIT 3
City Council 34 – 7 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
Principal, Co-Managing Director
Anne Bretaña
City Council 34 – 8 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between Corgan, Inc. (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
EXHIBIT 4
City Council 34 – 9 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
City Council 34 – 10 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between SVA Architects, Inc. (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
EXHIBIT 5
City Council 34 – 11 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
Robert M. Simons, AIA
President and Partner
City Council 34 – 12 6/6/2023
EXHIBIT 6

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between Black, O’Dowd and Associates dba BOA Architecture (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]

City Council 34 – 13 6/6/2023
City Council 34 – 14 6/6/2023
EXHIBIT 7
City Council 34 – 15 6/6/2023
City Council 34 – 16 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between Gillis and Panichapan Architects, Inc. (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
City Council 34 – 17 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
Digitally signed by Jack
Panichapan, AIA
DN: C=US,
[email protected], O="Gillis
+ Panichapan Architects, Inc.",
CN="Jack Panichapan, AIA"
Date: 2023.05.16 11:32:58-07'00'
City Council 34 – 18 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between CAP Architecture, Inc. (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
EXHIBIT 9
City Council 34 – 19 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
City Council 34 – 20 6/6/2023

SECOND AMENDMENT TO AGREEMENT FOR ON-CALL SPACE PLANNING AND

ARCHITECTURAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 6, 2023 by and between Ware Malcomb (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-230-03, dated November 17, 2020, by which Consultant agreed to provide on-call space planning and architectural consulting services for the City’s Public Works Agency (“Agreement”).

B. There were ten separate Consultants awarded agreements for on-call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services.

C. The parties amended the Agreement on September 7, 2021 to add additional funds to the pool of funds available for the on-call services.

D. Due to the continuing and increased need for on-call services which would otherwise exceed the current “not to exceed” amount under the Agreement, the parties now wish to amend the Agreement to add additional funds to the pool of funds available for the on-call services.

The Parties therefore agree:

1. Section 2, Compensation, subsection a, is amended to increase the compensation from one million, three hundred thousand dollars and zero cents ($1,300,000) to three million, three hundred thousand dollars and zero cents ($3,300,000) for the remaining term of the Agreement including any optional extensions.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
[Signatures contained on the following page]
DocuSign Envelope ID: 1E27BAF1-CEDD-4385-8EB5-1F3B3B3E6490 City Council 34 – 21 6/6/2023

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ Jonathan T. Martinez Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
DocuSign Envelope ID: 1E27BAF1-CEDD-4385-8EB5-1F3B3B3E6490

CFO / EVP
Tobin Sloane
City Council 34 – 22 6/6/2023
Library
www.santa-ana.org/library
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Construction Management and Inspection Services for Santa Ana Public Library Capital Projects

AGENDA TITLE
Approve Agreement with Griffin Structures to Provide Construction Management and Inspection Services for the Main Library Transformation Project, Newhope Library Renovation Project, Outdoor Library at Jerome Park Project, and Delhi Center Library Branch, in an Amount not to Exceed $2,896,950 for a Term expiring December 31, 2025 (Project Number 22-1380, 22-1802, 22-1381, and 22-1382) (Non-General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION
Authorize the City Manager to execute a professional services agreement with Griffin Structures to provide construction management and inspection services for the Main Library Transformation Project, Newhope Library Renovation Project, Outdoor Library at Jerome Park, and Delhi Center Library Branch, in the amount of $2,759,000, with a fivepercent contingency, for a total amount not to exceed of $2,896,950, for a term beginning June 6, 2023 and expiring December 31, 2025, with the option for two 1-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On January 25, 2023, the Public Works Agency and Library released Request for Proposals (RFP) 22-173A, by which it sought a qualified firm to provide construction management and inspections for four Santa Ana Public Library tenant improvement projects currently in design: Main Library Transformation, Newhope Library Renovation, Outdoor Library at Jerome Park, and Delhi Center Library Branch (Exhibit 1). The scope of work includes the following: performing independent review of plans, specifications, and estimates; pre-construction tasks; managing construction and ensuring that the work is completed in accordance with the contract documents, project closeout, and warranty phases; inspection services; contract administration; and constructability review for the Main Library Transformation and Newhope Library Renovation projects.

City Council 35 – 1 6/6/2023
Construction Management and Inspection Services for Four Santa Ana Public Library Capital Projects
June 6, 2023

The RFP was advertised on the City’s online procurement management and publication system, with proposals due on February 22, 2023. Five proposals were received and evaluated by a selection committee. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

In accordance with the RFP, staff recommends awarding an agreement to Griffin Structures (Exhibit 2). Their proposal demonstrated a high degree of technical competence and experience performing comparable services on projects of similar sizes. The firm was able to demonstrate a clear understanding of project phasing and Library priorities. They also have a proven track record of executing projects on time or ahead of schedule. Completing Library projects on schedule is of critical importance to ensure Santa Ana residents maintain access to Library services when the Main Library closes for construction in May 2024.

Quality library services are a key indicator of a community’s overall health and wellness.

Access to educational resources and services in a safe and welcoming setting helps residents achieve their academic and professional goals, while also encouraging civic engagement within the community. Utilizing a quality inspection and construction management firm helps ensure these projects are finished according to schedule for the entire community to access. Once complete, residents will enjoy an enhanced and expanded network of library locations and services along with an improved quality of life throughout Santa Ana.

FISCAL IMPACT
The current fiscal year funding is available in the FY 2022-23 budget and any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2023-24.

Firm Rank
Griffin Structures 1
Triangle DeCon Services, Inc. 2
Anser Advisory Management 3
Safework, Inc. 4
Wildan Engineering 5
City Council 35 – 2 6/6/2023
Construction Management and Inspection Services for Four Santa Ana Public Library Capital Projects
June 6, 2023

Fiscal Year Accounting UnitAccount # Fund Description Accounting Unit, Account Description Amount
2022-2023 18111013-66200 ARPA ARPA – Library; Buildings & Building Improvements $7,500
2022-2023 01211020-66200

CANNABIS

PUBLIC BENEFIT
FUND
Library Youth Services;
Buildings & Building
Improvements
$48,160
2022-2023 15211154-66200 PUBLIC LIBRARY

GRANT FUND
Building Forward Library
Grant – Buildings &
Building Improvements
$17,570
2023-2024 18111013-66200 ARPA ARPA – Library; Buildings & Building Improvements $485,570
2023-2024 01211020-66200

CANNABIS

PUBLIC BENEFIT
FUND
Library Youth Services;
Buildings & Building
Improvements
$317,240
2023-2024 15211154-66200 PUBLIC LIBRARY

GRANT FUND
Building Forward Library
Grant – Buildings &
Building Improvements
$236,940
2024-2025 18111013-66200 ARPA ARPA – Library; Buildings & Building Improvements $962,655
2024-2025 15211154-66200 PUBLIC LIBRARY

GRANT FUND
Building Forward Library
Grant – Buildings &
Building Improvements
$519,655
2025-2026 18111013-66200 ARPA ARPA – Library; Buildings & Building Improvements $175,397
2025-2026 15211154-66200 PUBLIC LIBRARY

GRANT FUND
Building Forward Library
Grant – Buildings &
Building Improvements
$126,263
TOTAL $2,896,950

EXHIBIT(S)

1. Location Map

2. Agreement with Griffin Structures
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager
City Council 35 – 3 6/6/2023
Exhibit 1
PWA

SANTA ANA

PUBLIC WORKS AGENCY
STANDARD AVE.

EXHIBIT 1
- PROJECT LOCATION
EXHIBIT 1
City Council 35 – 4 6/6/2023
55394.00000\40418052.1
-1- PROFESSIONAL SERVICES AGREEMENT

AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT, CONSTRUCTABILITY

REVIEW, AND INSPECTION SERVICES FOR SANTA ANA PUBLIC

LIBRARY CAPITAL PROJECTS
(ARPA FUNDED PROJECT)

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of June, 2023, by and between the City of Santa Ana ("City") and Griffin Structures ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Request for Proposal.

On January 25, 2023, the City issued Request for Proposal No. 22-173A, by which it sought a Consultant having special skill and knowledge in construction management, constructability review, and inspection services to oversee four (4) Santa Ana Public Library capital projects.

2.2 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing construction management, constructability review, and inspection services to public clients, and is licensed in the State of California.

2.3 Project.

City desires to engage Consultant to render such professional services for the Santa Ana Public Library Capital Projects Constructability Review, Construction Management, and Inspection Services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from the date first written above to December 31, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this City Council 35 – 5 6/6/2023
55394.00000\40418052.1
-2- PROFESSIONAL SERVICES AGREEMENT
Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed $2,896,950 during the term of this agreement, including an extension periods exercised under Section 3. The sum is comprised of (1) the base amount of $2,759,000, and (2) a 5% contingency in the amount of $137,950 for additional services at the City’s sole discretion.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement as set forth in Consultant’s Proposal (Exhibit “B”). Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

3.3.5 City's Representative. The City hereby designates Sean Thomas, Senior Civil Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates John Hughes, Principal-In-Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant City Council 35 – 7 6/6/2023
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shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A”, “B”, and “C” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations City Council 35 – 8 6/6/2023
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of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

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3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Code 1), or if Consultant has no owned autos Code 8 (hired) and Code 9 (nonowned), covering bodily injury and property damage for all activities with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claimsmade basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (E) Umbrella Insurance: In compliance with the terms of the City’s funding agreement, Consultant shall maintain an umbrella policy providing excess limits over the primary policies described herein, in an amount not less than $10,000,000, and shall contain a clause stating that it takes effect (drops down) in the event the primary limits are City Council 35 – 10 6/6/2023
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impaired or exhausted.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, and employees shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, and employees.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, and employees shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications 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 and insurance clauses from each of its subconsultants.

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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, and employees in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. 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 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 and not replaced immediately so as to avoid a lapse in the required coverage, 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.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

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

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, and employees as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, and employees, as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage.

Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.3.11.13 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. (C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, City Council 35 – 13 6/6/2023
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Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall City Council 35 – 14 6/6/2023
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not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, and employees harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, and employees.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. 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 under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its City Council 35 – 15 6/6/2023
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employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Griffin Structures
1 Technology Drive
Building 1 Suite 829
Irvine, CA 92618
ATTN: Jon Hughes
City: City of Santa Ana
20 Civic Center Plaza (M-21)
Santa Ana, CA 92702
ATTN: Sean Thomas
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of City Council 35 – 16 6/6/2023
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the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.11 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall City Council 35 – 18 6/6/2023
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contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.7.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.8 Federal Provisions.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

3.8.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

3.8.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

3.8.3 Treasury Compliance and Reporting Guidance for the Act;

3.8.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

3.8.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

3.8.6 Federal contract provisions attached hereto as Exhibit “A-1” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
City Council 35 – 20 6/6/2023
City Council 35 – 21 6/6/2023
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BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"

SCOPE OF SERVICES
City Council 35 – 22 6/6/2023
Appendix
ATTACHMENT 1

SCOPE OF WORK
City of Santa Ana RFP 22-173A
Page A1-1

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

SANTA ANA LIBRARY CAPITAL PROJECTS CONSTRUCTABILITY

REVIEW, CONSTRUCTION MANAGEMENT, AND INSPECTION

SERVICES
RFP NO. 22-173A
I. INTRODUCTION
The City of Santa Ana is soliciting proposals from professional consultants to provide construction management services for four (4) Santa Ana Public Library tenant improvement projects that are currently in design. The projects include the Main Library Renovation Project, Newhope Library Renovation Project, Delhi Center Library Branch, and the Outdoor Library at Jerome Park Project. All projects are being delivered via a design-bid-build delivery method. Estimated construction budgets for each project range from $2.2 million to $25.3 million. For the Main Library project, the consultant shall provide at least three individuals to act as Construction Manager (CM), Inspector, and Contract Administrator (CA), and serve as an extension of City staff to assist in the overall delivery of these projects. The consultant shall provide a Construction Manager and Inspector for the other three Library projects. Required services shall vary by project as outlined below, with total services to include performing independent review of plans, specifications, and estimate, pre-construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and warranty phase.

The consultant shall also perform a constructability review and peer estimate of the Main Library Renovation Project. The consultant team will report directly to the City's designated Construction Manager, or authorized representative, for each of the projects listed below. City staff may assist in managing construction and will oversee the work of the Construction Manager, Inspector, and Contract Administrator. A summary of projects is listed below:

Project Description Anticipated
Delivery Method
Construction
Budget ($)
Construction
Start Date
Main Library
Renovation
Renovation of existing 39,790-sq-ft Main
Library, including historical restoration, new
parking lot, and children’s learning area
Design-Bid-Build $25.3 M May 2024
Newhope Library
Renovation
Modernization of 10,600-sq-ft branch,
including new storefront and Media Lab
Design-Bid-Build $4.4 M August 2023
Delhi Center
Library Branch
Create new 2,500-sq-ft branch in existing
community center, including new exterior patio
Design-Bid-Build $2.2 M August 2023
Outdoor Library at
Jerome Park
New outdoor library at existing park, including
installation of large book kiosk and
multigenerational play/activity areas
Design-Bid-Build $3.1 M March 2024
Timing and phasing of the Library projects is of critical importance to ensure Santa Ana residents maintain access to Library services when the flagship Main Library branch closes for construction in May 2024. The selected consultant will be tasked to provide, maintain, and monitor a total project schedule for all four projects to ensure that construction of the Newhope Library Renovation and Delhi Center Library Branch projects is complete prior to closing of the Main Library. Professional services must comply with American Rescue Plan Act (ARPA) and Community Development Block Grant funding (CDBG) funding requirements.

City Council 35 – 23 6/6/2023
City of Santa Ana RFP 22-173A
Page A1-2
II. PROEJCT DESCRIPTIONS
Main Library Renovation
The City of Santa Ana is developing the Main Branch of the Santa Ana Library located on the southwest corner of Civic Center Drive and Ross Street. The exterior for the building has remained relatively the same since it was established in 1960; however, the interior of the building received an extensive renovation in 1990. The City will restore some of the character lost in the previous renovation while also performing an update that better meets the evolving needs of the community and makes the library central to early childhood learning. The Main Library building consists of 39,790 square feet and has two floors and a below grade basement. The focal point of the project will be the Children’s Library/Early Learning Center with key upgrades and expansion to the area and services that will be provided to the community.

Design will include “Play-brary” types of designs with interactive walls, etc. Additional improvements will include but are not limited to exterior marble panels, lighting fixtures, landscape, site furnishings, entrance walkways, parking area, and flooring. In order for the Library to accommodate community needs, new book drop locations, bookmobile area, and shared public spaces will be developed.

The Santa Ana Main Library is an integral partner with the community, providing educational resources to connect and enrich a community of over 335,000 residents. This renovation should further these goals in the most cost effective and environmentally friendly manner possible.

A generalized description of areas that may be addressed with City/community/potential consultant input are as follows. Currently, the original as-builts of the library from the 1950s does not exist. The City has sought to obtain 3D scans to generate plans for the existing building, but are not yet available for this RFP. See Attachment 4 for any available as-builts and general layout of work areas, for Schematic Design Plans, and for the Children’s Thematic concept designs.

Note: Minor changes to plans and the preparation of the specifications may occur during the RFP process without notice to the prospective proposer, however, selected consultant will have access to the latest documents once the RFP has been awarded.

1. Exterior
a. Marble siding
i. Clean all marble exterior surfaces
ii. Repoint joints between marble panels
iii. Replace/repair cracked marble panels

1. Explore replacing existing stone on 1990 addition with new Italian Marble to match original structure
b. Provide architecturally appropriate exterior lighting fixtures on building and in landscaping
c. Flashing cap needed on parapet cornice
d. Upgrade to new LED Security and Pathway Lighting
e. Replace all landscaping around building (turf to remain) i. Low planting – no hiding areas

1. Planting materials to deter camping and/or sleeping

2. Ground surface to be DG or similar
ii. Remove trees adjacent to building face that present potential structural or other issues to the building
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City of Santa Ana RFP 22-173A
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iii. Drought Tolerant with low voltage spot lighting
f. North Entrance
i. New doors to match original design (or propose new architecturally appropriate design)
ii. Clean up entrance building lettering & stone
iii. Replace walkway connecting north entrance to sidewalk on Civic Center Dr. iv. Restore dedication plaque on north entrance sidewalk. g. East Entrance
i. Make secondary public entrance at current staff access to fenced patio ii. Create parking area along east or south side of building for library exclusively iii. Keep as many trees as feasible
iv. Create a drive-thru window considering circulation on/off of Ross St.

1. If feasible, ensure it does not detract from historic nature of the building h. South Entrance
i. Return to a bookmobile area with garage/carport and the back of house loading area
ii. Patio area just east of south entrance

1. Remove panels/walls that block the patio adjacent to entrance that create a hiding space in this area

2. Activate this area
iii. Remove book drop – replace with new book drops at north and east entrances iv. Blend proposed landscaping with new landscaping to south i. Children’s Library – single story addition on the west side of the Main Library building i. Provide vines or other low maintenance plant material on east side of building to prevent graffiti
ii. Patio renovation completed under separate contract
j. Provide comprehensive exterior security cameras and necessary low voltage cabling k. Coordinate with IT to provide no low voltage cat 6 cabling/trays throughout the building along with new access points
l. A new roof was recently completed

2. Interior
a. General building
i. Consider elevator relocation with modern elevator
ii. Review/consider replacing all building systems
iii. Include technology in all meeting rooms
iv. Replace all flooring throughout
v. Upgrade all restrooms. May need to adjust access or location of restrooms to accommodate new layout that is more in line with original plans. They were modified and relocated in 1990.
vi. Shelving needs assessment/shelving program – Replace all book stacks vii. New lighting plan to ensure new improvements do not create shadows and dark areas
viii. Replace all furniture in public and private spaces ix. Ceiling system was recently upgraded. Modifications may be required depending on results of shelving analysis.
x. Replace Exterior windows in Main Library building and Children’s Library addition
xi. ADA compliance/Accessible path of travel
b. Main Floor
i. Refinish wood/metal elements
ii. South side back of house
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1. Combine information and circulation desks
a. To match the original design and historic nature of the building, move circulation to the north entrance
b. Two large half circle desks flanking each side of the door in front of the windows
c. Staff Area where south entrance is currently - Bookmobile and circulation work/ loading area
iii. Reimagining of Children’s Library

1. Focus on early childhood learning

2. Flexible/programmable space

3. Tutoring/interactive

4. Can be expanded into main library area as needed

5. Feature interactive experiences:
a. Wall interactives,
b. Climbing areas
c. Other children’s museum style spaces
iv. East entrance

1. Widen hallway

2. Create teen space along the east side of building
v. Reactivate the fireplace area

1. Non-functional fireplace (not wood or gas burning)
c. Second Floor
i. Refinish wood/metal elements
ii. Create additional public spaces

1. Remove majority of admin space on second floor
a. 4 admin staff will remain
b. Relocate the Santa Ana History Room and create a small gallery

2. Small meeting room as space permits

3. Create Bookstore:
a. Explore enclosing the hallway behind the second floor shelving and other rooms staff rooms along the south side of the building to create a new bookstore
iii. Meeting rooms/tech lab – add glass toward main library iv. Dumbwaiter – ideas to reactivate or other use
v. Relocate majority of staff to the basement
d. Basement
i. Staff spaces to replace teen center and storage areas ii. Possible drop ceiling
iii. 26 full-time staff (cubicles)
iv. 72 part-time staff (share 10 – 15 spaces)
e. Building Mechanicals and Critical Maintenance
i. Bring stairwells and emergency exits up to code if required. Explore opportunities for LEED certification and/or green building materials. ii. Include potentially life-saving improvements or replacement of original fire detection and sprinkler systems, plumbing, seismic retrofit, antiquated HVAC system, and all electrical and plumbing systems from the late 1950's.

The City’s total construction budget for the proposed library is approximately $25.3 million. The project is being funded through American Rescue Plan Act (ARPA), California State Library Building Forward Library Infrastructure Grant, and Community Development Block Grant funding. The project is currently in design development, with construction anticipated to begin May 2025.

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Newhope Library Renovation
The City of Santa Ana is renovating its Newhope Library, located at the northwest corner of 1st Street and Newhope Street. The 10,600-sq-ft Library remains in generally the same condition as when it was originally built in 1976, which the exception of new furniture, paint upgrades, landscaping, and parking lot improvements. The renovation will include modernizing the overall Library branch, reinventing the storefront of the building, remodeling the front checkout desk/staff area, remodeling kitchen/break area, creating a new Media Lab space, and replacing existing HVAC systems.

See Attachment 4 for available as-builts and the Schematic Design Plans.

Note: Minor changes to plans and the preparation of the specifications may occur during the RFP process without notice to the prospective proposer, however, selected firm will have access to the latest documents once the RFP has been awarded.

General project scope is as follows:

1. Exterior
a. Make both storefront access points ADA compliant
b. Enclose (Newhope Street) storefront building overhang and turn it into an attractive, ADA-compliant entry/lobby area to prevent loitering/vandalism during overnight hours c. Replace all building windows and remove existing exterior screens (CDBG Funding) d. Replace roof (CDBG Funding)
e. Remove original (deteriorating) exterior wood building façade and replace with stone or other modern looking materials
f. Sand blast building exterior and add anti-graffiti clear coat g. Replace west side entrance/exit glass doors and surrounding windows h. Replace south side existing exterior doors and install new hardware i. Replace outdoor lighting at parking and patio area
j. Remove existing patio trellis at rear of building and replace with non-climbable shade structure(s)

2. Interior
a. Replace/remodel front checkout desk and staff area
b. Replace all flooring and outdated light fixtures
c. Create new Media Lab space with glass entry
d. Convert existing Media Lab to a new flexible public meeting/programming room i. Convert two adjacent restrooms to one ADA compliant (gender-neutral) restroom and expand new meeting room’s square footage
e. Remodel restrooms and bring up to current ADA standards f. Remove popcorn ceiling from entrance and other areas g. Replace drinking fountains
h. Add electrical floor outlets for desks and public computer usage i. Remove wallpaper throughout the building
j. Existing Large Meeting Room
i. Replace old cabinets in kitchen/break
ii. Replace deteriorating ceiling tiles
iii. Install modern A/V equipment, remove wallpaper
iv. Add new cabinetry in the meeting room and install a sink City Council 35 – 27 6/6/2023
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Page A1-6
k. Replace all outdated book shelving in the library and reuse the new end panels l. Replace existing electrical panel and water heater
m. Replace HVAC system and replace/revise ducting to conform to added spaces and uses n. Update signage (interior and exterior)
The City’s total construction budget for the Newhope Library project is $4.4 Million. The project is being funded through Cannabis Public Benefit and Community Development Block Grant funding. The project is currently in design development, with construction anticipated to begin August 2023.

Delhi Center Library Branch
The City of Santa Ana has leased approximately 2,500 square feet of space at the Delhi Community Center for a new Library branch. The City intends to invest in subtenant improvements suitable for public library services, including an innovative storefront style entrance, indoor furniture, interior displays and cases, and the creation of an outdoor patio space for library programs, events and activities geared toward children and families. The project will include combining three rooms into a larger Library space, creating a covered outdoor patio space with built-in storytime seating and educational play area(s), and creating a new public entrance via the new outdoor patio.

See Attachment 4 for available as-builts and the floorplan of the Delhi Center and Library space.

Note: Minor changes to plans and the preparation of the specifications may occur during the RFP process without notice to the prospective proposer, however, selected consultant will have access to the latest documents once the RFP has been awarded.

General project scope is as follows:

1. Exterior
a. Exterior building and monument signage
b. Create new fenced outdoor patio space
i. Seamless indoor/outdoor transition via folding/garage/stacking pocket doors ii. Decorative fencing
iii. New landscaping (drought tolerant)
iv. Trellis/pergola shade structure
c. New book drop

2. Interior
a. Combine three rooms into one larger Library space
b. Install new glass storefront entry
c. New staff office/breakroom/sorting room
d. New Data Room
e. Power/data
f. Internal/Exterior Patio Wi-Fi access points
g. Install new movable furniture (circulation/reference desk/book shelving/reading tables/etc.)
h. Replace light fixtures with LED
i. Reuse existing polished concrete flooring
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The City’s total construction budget for the Delhi Center Library project is $2.2 Million. The project is being funded with American Rescue Plan Act (ARPA) funding. The project is currently in the conceptual/schematic design phase, with construction anticipated to begin August 2023.

Outdoor Library at Jerome Park
The City of Santa Ana intends to create a new Outdoor Public Library that will include the installation of an innovative 24-hour “satellite library” kiosk at the southwest end of Jerome Park. The satellite library will incorporate learning and recreation-based play experiences that will advance equity, access, and provide support for Santa Ana’s disproportionately impacted children and families. Jerome Park is located in the west central part of Santa Ana and is adjacent to a variety of community destinations including Monte Vista Elementary School, Lorin Griset Academy and the Southwest Senior Center. The park includes Jerome Community Center and municipal pool, baseball and soccer fields, fitness court, playground, picnic area and community garden.

The project includes installing a self-service library kiosk that enables patrons to check out and return materials, download audio and e-books, browse the catalog, etc. The park spaces surrounding the new outdoor library will be improved to include reading, activity, and play areas for mutigenerational learning.

See Attachment 4 for general conceptual layout of the outdoor library space.

Note: Minor changes to plans and the preparation of the specifications may occur during the RFP process without notice to the prospective proposer, however, selected consultant will have access to the latest documents once the RFP has been awarded.

General project scope is as follows:
 Musical Instruments Play Area
 Recycled Tire Play Area
 Tricycle Circular Pathway with small traffic signs for children to learn from  Large Stone Abacus Play Area
 Sand and Water Play Area
 Water wise, low maintenance (Mature Age Vegetation) landscaping including an area with OC native plants, with individual labels for reading/learning  New landscaping as needed around the project boundary and park frontage view  Automatic irrigation system with complete retrofit, modification, and/or installation of new irrigation within project boundary
 Envisionware 24-Hour Library Kiosk (Model 340D). Separate graphic design vendor will provide a branded graphical water conservation wrap for the unit  Power Source and data/Wi-Fi for Envisionware 24-Hour Library Kiosk  Site Lighting and electrical service for kiosk (modification and expansion of existing system)  Foundation for a new custom canopy with secure gate to enclose and protect the kiosk  Replace existing playground with new multigenerational and inclusive playground features  Drinking Fountain and Bottle Filler - Murdock Outdoor Pedestal with Barrier-Free (Model Number GYM74 Series)
 Interactive outdoor exhibit(s) aimed at educating the community on water conservation  Tree evaluation by certified Arborist, with pruning recommendations City Council 35 – 29 6/6/2023
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• Decomposed Granite/Decorative Concrete Walkways, which provide overall site connectivity to adjacent areas
• Site Furnishings (benches, chairs, trash receptacles, picnic tables) • All areas shall be accessible per Federal ADA guidelines The City’s total construction budget for the Outdoor Library at Jerome Park project is $3.1 Million. The project is being funded with American Rescue Plan Act (ARPA), Water Capital Improvement, and Measure X funds. The project is currently in the conceptual/schematic design phase, with construction anticipated to begin March 2024.

III. Consultant Responsibilities
Main Library Renovation
The Consultant’s responsibilities shall include the following project tasks:

The required services by the Construction Manager (who will be performing plan checking services), the Inspector, and the Contract Administrator may include the following:

Task 1: Constructability Review
The required services by the Construction Manager and the Inspector will be involved in the review of the project deliverables, which includes, but is not limited to the following:
 Design Development (50% plans), including site section studies, draft specification, and “Opinion of Probable Cost”.
 Construction Documents (90% and 100% Plans), final technical specifications, and finalized “Opinion of Probable Cost”.
 Children’s Thematic Schematic design which will be used to incorporate areas in the library for multiple age related interactive learning spaces.
 Elevator Design
 Mechanical and Electrical System Replacement plans
 Geotechnical Report and Structural Calculations
.

1. A CM who is a registered engineer or certified construction manager in the State of California is highly desirable. The CM shall possess a minimum of (5) years' experience in construction management. The CM and the inspector shall be involved in the review of specification and plan checking. These reviews will focus on constructability, inter-disciplinary coordination, completeness, and general code compliance. The CM and the Inspector should have relevant experience in construction management and certifications that affirm the experience. The CM and the Inspector should have experience with historic restoration.

2. The CM shall possess knowledge of ARPA and CDBG funding requirements for both design and construction.

3. The CM shall provide a thorough review of the construction sequence necessary to complete the improvements included in the construction contract.

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4. Review potential utility conflicts and identify items requiring coordination with third party utility agencies.

5. Review measurement and payment sections of the Specifications to ensure that the proposed work specified is covered by a bid item and identify any redundant pay items

6. Review of bid quantity takeoffs and engineer’s estimate. If an error is noted, it will be included in the list of review comments.

7. Conduct up to two (2) site visit/field review by as part of the plan review to identify any current field conditions not reflected on the Plans.

8. Participate in up to two (2) public meetings to ensure consistency when plan checking. Public meetings will be hosted by the design consultant.

9. Participate in bi-weekly meetings with design consultant and City representatives to reduce discrepancies when plan checking.

10. Identify the elements of construction that could be substituted with more efficient materials and associated methods.

11. Provide a list of items that may be overlapping, extra, not needed or candidates for removal.

12. Prepare and submit an itemized list of findings and outline recommendations to reconcile issues discovered and generally to expedite the project.

13. Review of Geotechnical report and the structural calculations for the purposes of the expected constructability review.

14. CM shall provide recommendations for special material testing and inspection that will be needed during the construction phase.

15. The CM shall provide a peer review of the engineering estimates.

TASK 2: Construction Management and Inspection Services

1. A CM who is a registered engineer or certified construction manager in the State of California is highly desirable. The CM shall possess a minimum of (5) years' experience in construction management. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications that affirm the experience.

2. Prior to the start of the project, the CM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub-contractors have a valid City Business License. Once determined, a staff report will need to be generated to recommend the award of a Construction Contract.

3. The CM team shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples, requests for information (RFI), and other submittals City Council 35 – 31 6/6/2023
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("Submittals") using Procore software. Shall coordinate with design consultant to review before transmitting their assessment of each Submittal to City staffing for final approval, and shall establish and implement procedures for expediting the processing and approval of Submittals.

4. Lead pre-construction meeting and schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes.

5. Attend and co-lead up to three (3) Construction Update meetings with the community, including a pre-construction meeting. Primary purpose of these meetings are to provide pertinent updates to the community and answer any questions relating to the construction project.

6. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

7. Shall review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress.

8. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

9. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.

10. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.

11. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment.

12. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Consultant to provide special inspections and material inspections per recommendations. Subject to review by the City, reject work which does not conform to the requirements of contract documents.

13. The individuals, Construction Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts.

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14. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise.

15. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor.

Monitor contractor's compliance with labor code requirements.

16. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including asbuilt records.

17. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections.

18. Facilitate and coordinate inspection by representatives of other agencies.

19. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants.

20. Assist City with project budget tracking by funding source to ensure progress payment applications are applied appropriately to correct funding sources.

21. Assist City with submission of narrative and financial reports on the progress and activities of the project to grant agencies.

22. Provide a Site Utilization Plan.

23. Consultant team shall provide one (1) Class “A” Field Office for shared Agency Personnel use for the duration of the project per Greenbook 2018. The consultant team is responsible for securing the trailer. The proposed location of the trailer shall be shown on the site utilization plan and must be approved by the City.

24. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.

25. Shall coordinate and assist the City’s Community Work Force Agreement (CWA) Consultant to monitor and enforce the CWA forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments.

26. The CM shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue.

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The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

Plan Check & Permits:

Construction drawings shall be in accordance with the 2022California Building Code and will require review/approval by the City Planning and Building Agency. Additionally, this would be subject to review by the Historic Resources Commission.

Newhope Library, Delhi Center Library Branch, Outdoor Library at Jerome Park TASK 1: Construction Management and Inspection Services

1. A CM who is a registered engineer or certified construction manager in the State of California is highly desirable. The CM shall possess a minimum of (5) years' experience in construction management. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications that affirm the experience.

2. Prior to the start of the project, the CM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub-contractors have a valid City Business License. Once determined, a staff report will need to be generated to recommend the award of a Construction Contract.

3. The CM team shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples, requests for information (RFI), and other submittals ("Submittals") using Procore software. Shall coordinate with design consultant to review before transmitting their assessment of each Submittal to City staffing for final approval, and shall establish and implement procedures for expediting the processing and approval of Submittals.

4. Lead pre-construction meeting and schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes.

5. Attend and co-lead one (1) Construction Update meetings with the community. Primary purpose of this meeting is to provide pertinent updates to the community and answer any questions relating to the construction project.

6. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

7. Shall review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress.

8. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed City Council 35 – 34 6/6/2023
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activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

9. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.

10. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.

11. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment.

12. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Consultant to provide special inspections and material inspections per recommendations. Subject to review by the City, reject work which does not conform to the requirements of contract documents.

13. The individuals, Construction Manager, and Inspector shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts.

14. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise.

15. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor.

Monitor contractor's compliance with labor code requirements.

16. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including asbuilt records.

17. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections.

18. Facilitate and coordinate inspection by representatives of other agencies.

19. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants.

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20. Assist City with project budget tracking by funding source to ensure progress payment applications are applied appropriately to correct funding sources.

21. Assist City with submission of narrative and financial reports on the progress and activities of the project to grant agencies.

22. Provide a Site Utilization Plan for each project.

23. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.

24. Shall coordinate and assist the City’s Community Work Force Agreement (CWA) Consultant to monitor and enforce the CWA forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments.

25. The CM shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue.

The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

Plan Check & Permits:

Construction drawings shall be in accordance with the 2022 California Building Code and will require review/approval by the City Planning and Building Agency.

Additional Services – ALL PROJECTS
TASK 1: Total Project Schedule

1. Provide, maintain, and monitor a total project schedule for all four projects: Main Library Renovation, Newhope Library Renovation, Delhi Center Library Branch, and Outdoor Library at Jerome Park. The selected consultant shall assist with project phasing and ensuring that the Newhope Library Renovation and Delhi Center Library Branch projects are complete prior to the closing of the Main Library to ensure continuity of services to Santa Ana residents.

IV. PAYMENT AND INVOICING:

Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement.

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V. FEE PROPOSAL :

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:

Main Library Renovation
Task 1: Constructability Review
- Subtasks
Task 2: Construction Management and Inspection Services - Subtasks
Total Fee: _____________
Newhope Library Renovation
Task 1: Construction Management and Inspection Services - Subtasks
Total Fee: _____________
Delhi Center Library Branch
Task 1: Construction Management and Inspection Services - Subtasks
Total Fee: _____________
Outdoor Library at Jerome Park
Task 1: Construction Management and Inspection Services - Subtasks
Total Fee: _____________
Additional Services – All Projects
Task 1: Total Project Schedule
Total Fee: _____________
Fee schedule for each task should include an hourly breakdown that corresponds to the task total.

City Responsibilities
The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.

 Furnish scope of work and provide general direction as needed for the assigned project City Council 35 – 37 6/6/2023
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 All plan check coordination within the City
 Advertise, award, and execution of construction contract  Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards)  Electronic files for title sheets and sheet borders
 Facilitate meeting space and coordination and City facilities  Facilitate City Permits and HRC Coordination
CONSULTANT RESPONSIBILITIES:

 Consultant shall provide all required insurance as outlined in Attachment 2 of this RFP.

City Council 35 – 38 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A-1"

FEDERAL CONTRACT PROVISIONS
City Council 35 – 39 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A-I"

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “AI”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

City Council 35 – 40 6/6/2023
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BB&K (2021) Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction City Council 35 – 41 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-3” PROFESSIONAL SERVICES AGREEMENT contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City Council 35 – 42 6/6/2023
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BB&K (2021) Exhibit “A-I-4” PROFESSIONAL SERVICES AGREEMENT Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, City Council 35 – 43 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-5” PROFESSIONAL SERVICES AGREEMENT or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications City Council 35 – 44 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-6” PROFESSIONAL SERVICES AGREEMENT Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
City Council 35 – 45 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-7” PROFESSIONAL SERVICES AGREEMENT (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

City Council 35 – 46 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-8” PROFESSIONAL SERVICES AGREEMENT (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
City Council 35 – 47 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-9” PROFESSIONAL SERVICES AGREEMENT (4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

City Council 35 – 48 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “A-I-10” PROFESSIONAL SERVICES AGREEMENT (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

City Council 35 – 49 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"
City Council 35 – 50 6/6/2023

CITY OF SANTA ANA
Constructability Review, Construction Management
& Inspection Services for Library Capital Projects
FEBRUARY 22, 2023

HALF MOON BAY LIBRARY SALINAS EL GABILAN BRANCH LIBRARY

H A L F M O O N B A Y

LIBRARY

C U P E R T I N O L I B R A R Y

EXPANSION QUARTZ HILL LIBRARY

T U S T I N M A I N L I B R A R Y

RENOVATION

L O S A N G E L E S C E N T R A L
LIBRARY HISTORICAL RENOV.

Y O R B A L I N D A L I B R A R Y &

CULTRAL ARTS CENTER

F U L L E R T O N M A I N

LIBRARY RENOVATION
City Council 35 – 51 6/6/2023

CONFIDENTIAL
California Civil Code § 3426.1 (d); California Evidence Code section 1040 and 1060; California Government Code section 6254(k); Freedom of Information Act, 5 U.S.C. § 552(b)(4) DO NOT RELEASE WITHOUT GRIFFIN STRUCTURES’ CONSENT & REDACTIONS

TABLE OF CONTENTS

1. Statement of Qualifications 1

2. Scope of Services & Schedule 25

3. Certifications & Attachments 30
Why Griffin Structures?
42 years of demonstrated
public sector experience
Unparalleled,
library / renovation
portfolio including several
of the most high-profile
libraries in the state
Headquartered in Orange
County, with several local
projects completed both
within, for, and adjacent
to the City of Santa
Ana, including the Delhi
Community Center & Park
Experienced in offering
innovative time saving
opportunities coupled
with unique approaches
to prevent future potential
time impacts
Team of highly
experienced construction
field personnel, certified
by the Construction
Management Association
of America (CMAA)
Trained as builders who
think like owners, offering
thorough technical review
of project documents to
unlock opportunities for
innovation & savings
City Council 35 – 52 6/6/2023

H A L F M O O N

BAY LIBRARY
$24.5M | 22,000 SF
Public Library; Net Zero Building;
LEED Platinum; AIA/ALA Library
Building Award, APWA National
Project Award
Statement of
Qualifications
SECTION NO.01
City Council 35 – 53 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 1
February 22, 2023
City of Santa Ana
Sean Thomas
RE: RFP for Library Capital Projects Constructability Review, Construction Management & Inspection Services Dear Sean Thomas & Evaluation Team,
As Griffin Structures celebrates 42 years of providing award-winning Program and Construction Management (PMCM) services, we are pleased to submit our Proposal to the City of Santa Ana to provide On-Call Construction Management Services. As you will discover within our qualifications package, our demonstrated team is uniquely qualified to deliver any-and-all project types given our diverse portfolio, City knowledge, local presence, wealth of internal resources, and public agency expertise.

Griffin Structures is well versed in virtually every project type including:

Unlike our competitors, Griffin was founded as a developer and can offer the following services:

TO SUMMARIZE, WE OFFER THE FOLLOWING KEY BENEFITS:
• A team inclusive of public sector Construction Managers, former Public Works Inspectors, well-versed in both the extensive renovation and new construction of public libraries and community-focused facilities including historical facilities.
• A team that has helped to shape the Santa Ana landscape by partnering with local government. Representative impressive accomplishments include construction for Griffin Towers, Bowers Museum & Kidseum; Development Services Center, renovations to Ross Annex, Delhi Community Center & Park; as well as city-wide oversight of 25 CIP park restorations followed by a successful completion of the Orange County Civic Center Complex Project. • A team with a dedicated Pre-Construction division, offering the ability to engage in advanced programming, cost estimating, scheduling, value engineering, and much more. • A team that is well-versed in the intricate process of balancing multiple projects and strategic planning to ensure timely completion. We are also knowledgeable about outdoor spaces, preservation of historical facades of as well as experienced with modernizing libraries - understanding both their traditional value and contemporary needs.

At Griffin Structures, we understand our clients deserve only the best. That is why it is our priority to provide pricing that remains competitive and staff of an incomparable caliber. We take pride in asking ourselves "What is our true value-added proposition for the City of Santa Ana?" The answer lies with our people - highly experienced project managers who come equipped with a unique combination: construction expertise coupled with a mindset rooted firmly within ownership roles. Our team brings creative solutions, alternative delivery options, and a pledge to provide Excellence in Project Delivery for each and every project.

We hereby acknowledge receipt of all addenda and look forward to serving you, Jon Hughes, President & Principal-In-Charge
P: (949) 444-1615 | E: [email protected]
Library + Cultural
Parks + Recreation
Administrative + Office
Affordable + Interim Housing
Community + Senior Centers
Maintenance + Infrastructure
Public Safety + Justice
Medical, Ed + Other
Project Management
Construction Management
Strategic Consulting
Real Estate Consulting
Development Management
Financial Services
Project Delivery
Staff Augmentation
City Council 35 – 54 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 2
We have reviewed the Agreement of Services for the City of Santa Ana and have included the proposed exceptions and deviations below.
• At 3.2.2, add a 7th sentence (between the existing 4th and 5th sentences) that states “Consultant reserves the right to assess a 1 ½ % per month (18% per year) service charge on any non-disputed unpaid balances over 60 days outstanding.”
• At 3.3.6, replace (Alan Loomis, Principal) with (Jon Hughes, President) • At 3.3.8, 5th line, change “warrants” to “represents” • At 3.3.11.3 (A), 2nd line, delete “agents, and volunteers” • At 3.3.11.3 (A), 9th/10th lines, delete “or the coverage reduced” • 3.3.11.3 (B), 2nd line, delete “or the coverage reduced” • 3.3.11.3 (C), 2nd line, delete “or the coverage reduced” • 3.3.11.3 (D), 2nd line, delete “or the coverage reduced” • Also at 3.3.11.3 (D), delete “agents, and volunteers” at end • At 3.3.11.4, delete “agents, or volunteers”
• At 3.3.11.5, delete “agents, and volunteers”
• At 3.3.11.6, delete “agents, and volunteers”
• At 3.3.11.12, 5th/6th lines, delete “agents, and volunteers” • At 3.3.11.12, 8th/9th lines, delete “agents and volunteers” • At 3.6.1, 1st/21nd lines, delete “defend (with counsel of City’s choosing)” • At 3.6.1, 2nd/3rd lines, delete “volunteers, and agents free and” • At 3.6.1, 5th line, replace “in any manner arising out of, pertaining to, or incident to any ” with “as caused by negligent”
• At 3.6.1, 11th-13th lines, delete “and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.” • At 3.6.2, delete this subsection and instead add the following sentence at the end of 3.6.1: “Consultant’s indemnification obligation shall be limited to claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.”
• At 3.7.4.4, 1st line, delete “defend”
• At 3.7.4.4, 2nd line, delete “volunteers and agents free and” • At 3.7.4.4, 4th line, delete “patent”
Aside from the exceptions taken above, we are ready, willing, and able to discuss and negotiate a contract in good faith with the City and its legal counsel as soon as possible.

Contract Agreement Statement
City Council 35 – 55 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 3
Construction Management
Owner’s Representative
Budget Management
Contractor Oversight
Document Control
Quality Assurance/Control
Sustainability Management
Safety Management
RFI & CO Management
FF&E Procurement/Coord.

Commissioning & Closeout

CONSTRUCTION

SERVICES
Needs Assessment
Program Management
Space Planning
Site Selection
Project Budgeting
Design Management
Constructability Review
Scheduling
Value Engineering
Total Project Budgeting
Contractor Procurement
Bid Management

PRE-CONSTRUCTION

SERVICES
We are a diversified Project and Construction Management firm with a stellar reputation within the public sector spanning over four decades. With experience on over 40 libraries and 300+ community facilities, we manage the entire process to deliver facilities that protect and revitalize aged and often centuries-old structures which serve as a legacy to the communities of which our clients serve.

In this proposal, you will notice a clear understanding of both the Scope of Work required, as well as any additional services necessary to ensure the successful delivery of the City of Santa Ana's Library Capital Projects.

FIRM TEAM & EXPERIENCE
Griffin Structures has
considerable experience with all
of the following disciplines:

Architectural
Civil Engineering
Structural Engineering
Geotechnical
Environmental
Cost Estimation
Library Programming
City Council 35 – 56 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 4
# PROJECT NAME RELEVANCY
1 Los Angeles Central Library Library, Historical Renov. 2 Santa Cruz Downtown Library Library, Renovation
3 Yorba Linda Library & Cultural Arts Center Library
4 Fullerton Main Library Renovation Library
5 Half Moon Bay Library Library
6 Tustin Main Library Library
7 Salinas El Gabilan Branch Library Library
8 Northeast Stockton Library & Community Center Library 9 Quartz Hill Library, County of Los Angeles Library
10 Cupertino Library Library
11 Pomona Water Resources Headquarters & Yard Historical Renovation 12 Billingsgate Market, London, United Kingdom Historical Renovation 13 Downtown Women's Center Historical Renovation
14 Langham Hotel, London, United Kingdom Historical Renovation 15 Hotel Casa Del Mar, Santa Monica Historical Renovation 16 Port Theater, Corona Del Mar Historical Renovation
17 845 S. Figueroa Office Building, Los Angeles Historical Renovation 18 832 Francisco Office Building, Los Angeles Historical Renovation 19 Olympix Fitness, Long Beach Historical Renovation
20 Watsonville Main City Library Library
21 Eastvale Civic Center & Library Library
22 Hesperia City Library Library, Renovation
23 Bloomington Branch Library Library
24 Newport Beach Mariners Branch Library Library
25 San Bernardino County Law Library Library, Renovation 26 Monarch Bay Shoreline Development & Library Library
27 Willowbrook Library Programming Library, Renovation
28 Yucaipa Library Programming Library, Renovation
29 Colton Civic Center & Library Programming Library, Renovation 30 Hermosa Beach Library Programming Library, Renovation 31 El Centro Library Programming Library, Renovation
32 Castiglion del Bosco, Tuscany, Italy Historical Renovation 33 La Canada Flintridge Renovation Renovation
Yorba Linda Library & Cultural Arts
Center: High-profile public library
completed 2021, $52,000,000
Castiglion del Bosco: 1000+ year old
renovation, project and construction
mgmt (developer), $560,000,000
Half Moon Bay Library: High-profile
public library, Net Zero, LEED Platinum,
project and construction management
Salinas El Gabilan Branch Library:

High-profile public library, project and
construction management (developer)
Quartz Hill Library, County of Los
Angeles: High-profile public library,
project and construction management
(developer)
Los Angeles Central Library Historical
Renovation: High-profile public library
historical renovation, originally constructed
in 1926
Langham Hotel: 200+ year old high-profile
historical renovation within the heart of
London
LIBRARIES + HISTORICAL RENOVATIONS
Library
Library
Library
Library $52M
$560M
03 32
05 07
09 14 01
Historical
Renovation
Historical
Renovation
+ Library
Historical
Renovation
City Council 35 – 57 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 5
Team Organization
In order to offer the highest value to the City of Santa Ana, we have included a highly experienced, comprehensive team of individuals and firms to provide specialty services for this City project. All of our proposed team members are able to perform the services listed in the RFP. Our team will be comprised of the following individuals.

Jon Hughes will serve as our Principal-In-Charge, providing high-level oversight to ensure client satisfaction is achieved throughout the duration of our services. Robert Godfrey will provide leadership to the project team as Project Executive being intimately involved during pre-construction efforts. Tim Shaw, Sr.

Construction Manager, will be the primary contact for all projects and keeper of the master schedule for all four projects. Cody Roth will serve as the Inspector; Cody brings a wealth of knowledge as a former building inspector and construction manager.

Please refer to section 3 to view our resumes.

PRIMARY CONTACT
Tim Shaw
RLA
Construction Manager
Robert Godfrey
CCM
Project Executive
Cody Roth
ICC
Inspector
Bryce Bunker
Administrator
Hernan Munayco
Constructability Specialist
The Solis
Group
Labor Compliance
Ninyo & Moore
Special Inspection &
Material Testing
Roger Torriero
CEO / Founder
Jon Hughes,

CCM, DBIA
Principal-In-Charge
tk1sc
Commissioning
Circlepoint
Community
Outreach
City Council 35 – 58 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 6
Years of Experience: 48
Education: Master of Architecture, Accademia di Belle Arti di Firenze, Italia; Bachelor of Architecture, Syracuse University, New York
Certificates/Licenses: California Contractor License, #793600, Class B
Roger has led the pre-design, design, and construction for all Griffin projects, including real estate development, finance, design, and construction. Roger provides specialized expertise in the realization of challenging projects as an expert in forward planning, finance, entitlements, project delivery methodologies, and community-based participatory planning.

As President & CEO, Roger will provide invaluable insight to the project team, ensuring your expectations are met throughout the duration of our services.

Representative Experience:

1. Delhi Community Center &
Community Park, Santa Ana, CA

2. Yorba Linda Library & Cultural Arts
Center, CA

3. El Gabilian Branch Library, Salinas,
CA

4. Cupertino Library Expansion, CA

5. Half Moon Bay Library, CA

6. Santa Clarita Canyon Country
Community Center, CA

7. Northeast Stockton Library &
Community Center, CA

8. Santa Cruz Downtown Library,
Housing, Mixed-Use Project, CA

9. County of Los Angeles, Quartz Hill
Library, CA

10. Discovery Cube Science Center
Santa Ana, CA

11. Samueli Academy, Santa Ana, CA

12. County of Orange Civic Center
North & South, Santa Ana, CA

13. Pretend City Children’s Museum,
Irvine, CA

14. Tustin Main Library Renovation, CA

15. Fullerton Main Library Renovation,
CA
1 13 11

ROGER TORRIERO

CEO & FOUNDER
City Council 35 – 59 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 7
Years of Experience: 30
Education: Bachelor of Science, Westmont College
Certificates/Licenses: Certified Construction Manager (CCM); DBIA Associate; CA Contractor License 793600, Class A
Jon Hughes leads the day-to-day management of our project team to ensuring our client’s needs are met throughout the duration of our services, offering leadership in pre-construction, bid and contract review, safety, site evaluation, quality and cost controls, change order review, schedule review and enforcement, site staging, off-sites and grading,
inter-Contractor coordination, punch list, and turnover.

Representative Experience:

1. Yorba Linda Library & Cultural Arts
Center, CA

2. El Gabilian Branch Library, Salinas,
CA

3. Cupertino Library Expansion, CA

4. Half Moon Bay Library, CA

5. Santa Clarita Canyon Country
Community Center, CA

6. Northeast Stockton Library &
Community Center, CA

7. Santa Cruz Downtown Library,
Housing, Mixed-Use Project, CA

8. County of Los Angeles, Quartz Hill
Library, CA

9. Hesperia City Library, CA

10. Discovery Cube Science Center
Santa Ana, CA

11. Samueli Academy, Santa Ana, CA

12. County of Orange Civic Center
North & South, Santa Ana, CA

13. Pretend City Children’s Museum,
Irvine, CA

14. Tustin Main Library Renovation, CA

15. Fullerton Main Library Renovation,
CA
4 3 1

JON HUGHES , CCM, DBIA

PRESIDENT & PRINCIPAL-IN- CHARGE
City Council 35 – 60 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 8
Years of Experience: 22
Education: Bachelor of Science, Management, The Georgia Institute of Technology, Atlanta
Certificates/Licenses: Certified Construction Manager (CCM); Construction Management Association of America, Member
Robert Godfrey brings more than 20 years of combined
experience in construction management and planning. As a CM, he has been involved during all phases of development and construction. His responsibilities as a project/construction manager have entailed pre-construction services, public and stakeholder outreach, managing entitlement and plan check processes, obtaining building permits and coordinating inspections, generating punch lists, and overseeing project closeout. Robert has a proven record of project management involving effective communication with design team members, coordinating consultants, vendors, and Contractors - all to assure the client’s goals and objectives are achieved.

Representative Experience:

1. Half Moon Bay Library, CA

2. Rancho Palos Verdes, Ladera Linda
Community Center & Park, CA

3. Rancho Palos Verdes Civic Center, CA

4. Santa Clarita Canyon Country
Community Center, CA

5. Jurupa Area Recreation & Park
District, Vernola Park Expansion &
Community Center, CA

6. Quail Hill Community Center, Irvine,
CA

7. Linc Housing, El Monte, CA

8. Linc Housing, Hifi Collective, Los
Angeles, CA

9. Weingart Whittier Blvd. Housing
Renovation, CA

10. Weingart The Willows Housing
Renovation, Gardena, CA

11. Lawndale Community Center, CA

12. Buena Park Navigation Center,
Orange County, CA

13. Jordan Downs Housing
Redevelopment, Los Angeles, CA

14. MidPen Housing, Shirley Chisolm
Village, San Francisco, CA

15. Bridge Housing, Long Beach Atlantic
Farms Community, CA
3 5 1

ROBERT GODFREY , CCM

PROJECT EXECUTIVE
City Council 35 – 61 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 9
Years of Experience: 23
Education: Master of Landscape Architecture, Ball State University; Bachelor of Science, Geography / Geology Minor, Indiana State University
Certificates/Licenses: Registered Landscape Architect, RLA #5075
Tim Shaw is an accomplished Program and Construction
Manager and registered Landscape Architect. His specialized expertise encompasses professional design and technical oversight for the management of community-focused public facilities and renovations. Within his role, Tim ensures costs remain within budget and schedule, including oversight of plans and specifications, Contractor procurement/bidding, and construction monitoring. Former Landscape Architect for the City of San Clemente, Tim Shaw also brings an adept understanding from the perspective of the client.

Representative Experience:

1. Half Moon Bay Library, CA

2. Carlsbad Police & Fire HQ
Renovation Project (Safety
Center), CA

3. Inglewood Emergency Operations
Center Renovation, CA

4. Santa Ana River Trail Pocket Park,
Orange County, CA

5. Marguerite Aquatics Complex &
Site Renovation, Mission Viejo, CA

6. Long Beach Atlantic Farms Bridge
Housing Community, CA

7. Pomona Water Resources
Headquarters, Yard & Historical
Renovation, CA

8. Tustin Transitional Shelter, CA

9. Tustin Water Administration
Building, Corporate Yard &
Emergency Operations Center, CA

10. Tustin Peppertree Park, CA

11. San Clemente Aquatics Center, CA

12. Pier Bowl Upgrades, San
Clemente, CA

13. San Gorgonio Park Renovation,
San Clemente, CA
1 2 9

TIM SHAW , RLA

CONSTRUCTION MANAGER

PRIMARY CONTACT
City Council 35 – 62 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 1 0 Years of Experience: 14
Education: Santa Ana College, Fire Science Degree; Rio Hondo College, Fire Academy Graduate; Saddleback College, Various Building Inspector Courses
Certificates/Licenses: International Code Council B-1 Building, E-1; Electrical; P-1 Plumbing; CAL OES Safety Program (ID#77558) Cody Roth has a wealth of experience in community, green space projects, both as a Program/Construction Manager, and as an Inspector for multiple agencies throughout his career.

His project background also includes horizontal infrastructure projects as well as vertical construction including municipal, commercial, medical, and residential new construction and/or renovation.

Cody’s building knowledge, attention to detail, superior customer service, and problem-solving skills all further contribute to his success as Program/Construction Manager and Inspector for Griffin Structures.

Representative Experience:

1. Santa Clarita Canyon Country
Community Center, CA

2. Tustin Main Library, CA

3. Newport Beach Central Library
Lecture Hall, CA

4. San Marino Community Center &
Historical Renovation, CA

5. Tustin Council Chambers, CA

6. Hoag 3-Story Office Building, Tustin,
CA (Public Works Inspector)

7. The Village at Tustin Legacy & Office
Space (16 Buildings), CA (Public
Works Inspector)

8. Bank of America & Office Space,
Tustin, CA (Public Works Inspector)

9. Wagly Pet Campus & Office Space,
Tustin, CA

10. Esencia Sports Park Rancho Mission
Viejo, CA

11. South Gate Urban Orchard, CA

12. Laguna Beach Village Entrance &
Historical Renovation, CA

13. LANLT, Wishing Tree Park, Tustin, CA

14. Tustin Peppertree Park, CA

15. Laguna Beach Animal Shelter, CA
(Public Works Inspector)
2 4 3

CODY ROTH , ICC

INSPECTOR
City Council 35 – 63 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 11
Years of Experience: 17
Education: Master of Urban & Regional Planning, University of California, Irvine; Bachelor of Arts, Environmental Studies, University of Redlands
Certificates/Licenses: Urban Land Institute; University of California, Irvine, Planning Mentorship Program
Bryce Bunker is highly experienced in assisting clients through planning, design, entitlement, and construction. Bryce offers expeditious oversight and control of all project details, technical documents, schedule, and budget in order to develop an integral roadmap of which he implements and oversees to ensure client and project success. A skilled communicator, Bryce collaborates directly with managing partners and jurisdictional agencies to obtain all necessary approvals, permits, and consensus throughout the lifecycle of each project. Prior to construction, Bryce prioritizes the review and outline all conditions of approval, compliance, and mitigation measures, followed by the frequent monitoring of field work to ensure compliance.

Representative Experience:

1. Linc Housing, El Monte, CA

2. Weingart Whittier Blvd. Housing
Renovation, CA

3. Weingart The Willows Housing
Renovation, Gardena, CA

4. Irvine Campus Housing Authority,
University Hills Areas 11 & 12, CA

5. GHC Properties, Gillette Trails
Apartments, CA

6. Irvine Campus Housing Authority,
Miramonte Rental Townhomes, CA

7. GamePlan, Grant Avenue
Residences, Novato, CA

8. C33, Barton Place, Cypress, CA

9. Alhambra Place, Shea Properties, CA
(260 Units, 140,000 SF)

10. La Entrada, PSAV, Coachella, CA
(7,800 Units)

11. Vantis, Shea Properties, Aliso Viejo,
CA( 490 Units)

12. The Village at Los Alamitos,
Highland Pointe Partners, CA (133
Units)

13. Anaheim Hills Apartments, Province
Group, CA (180 Units)
1 5

BRYCE BUNKER

ADMINISTRATOR
8 City Council 35 – 64 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 12
Years of Experience: 23
Education: Bachelor of Architecture, Southern California Institute of Architecture (SCI-Arc)
Certificates/Licenses: General Contractor License B
Hernan Munayco’s work includes in Building Types I,II,III & V with budgets up to $85M in public and private projects,, including non-profit, commercial, mixed-use, ground-up buildings, civil work and adaptive re-use / tenant improvement, highlighted by international work experience. With 20 years’ experience, he has been involved in the overall process through a variety of projects types and sizes, enabling him to provide cost/schedule/project oversight, formally trained in architecture and as a licensed General Contractor.

Representative Experience:

1. Cupertino Library Expansion, CA

2. Santa Cruz Downtown Library,
Housing & Mixed-Use Project, CA

3. Northeast Stockton Library &
Community Center, CA

4. Salinas Hebbron Family Center &
Recreational Facilities, CA

5. AO LATAM Community Center &
Headquarters, Mexico City, Mexico

6. Gregory Building Community
Center, Hollywood, CA

7. ODD Community Services Building,
Mexico City

8. EC Hispanic Media Headquarters,
Norwalk, CA.

9. DTLA One Midnight Mission
Homelessness Supportive Housing,
Los Angeles, CA

10. Green Dot Oscar De La Hoya Charter
High School,

11. Los Angeles, CA

12. Green Dot Animo Leadership
Charter High School, Inglewood, CA

13. Hawthorne High School Upgrades.,
CA
1 3 2

HERNAN MUNAYCO

CONSTRUCTABILITY SPECIALIST
City Council 35 – 65 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 13
The Solís Group (TSG), established in 1992, is a multidisciplined consulting company providing construction program/project management support services for largescale infrastructure programs across the United States.

In addition to educating Contractors on labor
requirements and establishing parameters pertaining
to the primary go-between for project stakeholders, we
ensure proper effort is focused on meeting the City’s hire targets. This includes certifying workers and connecting them with the opportunities that best match their skills, as well as PLA administration, labor compliance, outreach, and M/W/SBE tracking.

SMALL BUSINESS ENTERPRISE
Prevailing Wage
Construction Job
Opportunities in
Downtown LA
If you’re an interested party and want
more information, please contact
Elizabeth Solís or visit:

PHONE: (626) 685-6989
EMAIL: [email protected]
WEB: www.teamrcc.com
Job Description:

The Regional Connector Constructors Joint
Venture is currently recruiting construction
workers for the federally funded five
year Regional Connector Transit Corridor
project. This 1.9 mile underground rail
construction project will extend from Little
Tokyo/Arts District Station to the 7th St.

Metro Center in downtown Los Angeles.

Have you always wanted to
work with your hands?
Get In Touch with The Solís Group to
help you find a Certified
Apprenticeship Program to start your
path to success with high paying
careers and the ability to grow within
your business situaciones.

Already a part of the
Construction Trades?
Let us know so we can get you a
spot on this 5 Year Long
project.

Prevailing Wage Positions
Available for the Project:
• Operating
Engineers
• Laborers
• Ironworkers
• Electricians
• Carpenters
• Teamsters
• Cement Masons
• Elevator
Constructors
• Pipefitters
• Sheet Metal
• Terrazzo
• Plus additional
crafts
Project Goals:

Those who are in disadvantaged situations
such as being homeless, a custodial
parent, chronically unemployed,
public assistance, emancipated from
the foster care system, an Iraq or
Afghanistan War veteran, in the
criminal justice system or no high
school diploma are highly encouraged to
apply.

Work on the LA Metro
Regional Connector
Transit Corridor Project
The Regional Connector Constructors Joint Venture is currently recruiting construction workers for the federally funded five year Regional Connector Transit Corridor project. This 1.9 mile underground rail construction project will extend from Little Tokyo/Arts District Station to the 7th St. Metro Center in downtown Los Angeles.

Workers who meet these criteria are needed on the
project. A list of Targeted Zip Codes can be found at:
http://www.metro.net/interactives/datatables/deod/
Disadvantaged workers must meet two or more of the
following criteria:
 Homeless
 Custodial Single Parent
 Receiving Public Assistance
 Do not have High School
Diploma or GED
 Criminal Justice Record
 Unemployed for at least last
27 weeks
 Veteran of Iraq or
Afghanistan
 Apprentice with less than
15% of Journeyman hours
For more information please contact
Elizabeth Solís or visit:

PHONE: 626-685
EMAIL
-6989
: [email protected]
WEB: www.teamrcc.com
The project is subject to a PLA requiring apprentices, workers from Targeted Zip Codes, and “Disadvantaged” workers who face barriers to employment.

As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, reviews laboratory results, project plans and specifications; and performs project administration and management.

GARRETH SAIKI ,P.E.,G.E. | SPECIAL INSPECTIONS, PRINCIPAL ENGINEER • Manhattan Beach Library, CA
• Fire Station No. 82 & No. 78, Los Angeles, CA
• County of Los Angeles, Department of Public Works
On-Call, CA
• Hollywood Multipurpose Intergenerational Center, CA
• San Fernando Valley Family Support Center, Van
Nuys, CA
• Westminster Parks Projects, Westminster, CA
• 30+ Additional Projects
Representative Experience:

Years of Experience: 35
Education / Certs: Master of Business Administration, University of California, Davis; P.E. 49665, California; G.E. 2509, California; Nuclear Gauge Operator Certification City Council 35 – 66 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 14
Should the City wish to engaged enhanced
Community Outreach services, Circlepoint is
ready to provide public outreach advocacy
(marketing and communication tools) for the
City’s project(s). Located in Orange County,
Circlepoint can provide services including,
but not limited to:

Community design
workshops
Stakeholder presentations
Pop-up events
Social media mgmt.

Newsletters
E-blasts
Fact sheets
Website content
Press releases
Stakeholder updates
Quarterly updates

SMALL BUSINESS ENTERPRISE
For Commissioning, tk1sc is ready to perform
services required to satisfy commissioning
requirements of the Owner, CalGreen/Title-24
and LEED Fundamental and Enhanced. The
tk1sc Commissioning team is solely dedicated to
building commissioning and will advocate for the
City, providing assurances for proper installation
and operation of the building systems. tk1sc's
summarized approach includes:

Understanding building systems design intent
Verifying test & balance reports
Reviewing operations & maintenance (O&M)
Managing processes via the cloud
City Council 35 – 67 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 15
Understanding of Need
Griffin understands the City of Santa Ana is seeking to remodel four libraries, and it is key that the Delhi and Newhope branches are completed before the Main Library construction starts. With this schedule criteria, the City is seeking a Construction Management team that will act as an extension of staff helping to maintain the critical project schedule. Our team understands the public process and staff sensitivity to the community being able to maintain access to library resources through this capital improvement program.

This complex project requires a team of professionals who have successfully completed this project type and multiple civic projects before - that is Griffin Structures.

Within section 2, we have prepared a resource allocation schedule showing our staffing assumptions by Library project. Griffin has assume the Construction Manager will be allocated full-time to support all four projects with support from the Inspector, Contract Administrator, and a Library Constructability Review Specialist as needed.

DELHI COMMUNITY CENTER

JEROME PARK

MAIN LIBRARY

NEWHOPE BRANCH LIBRARY
City Council 35 – 68 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 1 6 Strategic Considerations
What strategies can be implemented to alleviate
potential supply chain issues that could affect
the project?
Working in this challenging supply chain
environment, significant impacts to many capital
improvement projects have arisen for a variety of
projects. To mitigate these impacts, Griffin has
found success in the issuance of early limited
Notices to Proceed (NTP) to allow Contractors
to submit shop drawings and initiate purchase
of long lead items before construction begins.

In doing so, we have found that potential delays
and disruptions to construction progress can be
mitigated. This strategy, combined with a thorough
and detailed phasing plan, will be key to the
success of these projects.

How might the City be protected against
potential change orders related to unforeseen
conditions?
Whenever a project involves the renovation
of an operational, existing building, there are
challenges related to unforeseen conditions.

One strategy we have found successful is the
inclusion of destructive investigation into the bid
documents. This strategy could also be combined
with a fixed allowance carried by all bidders for
potential impacts pertaining to hidden conditions
contained in walls or ceilings. By anticipating this
effort prior to the start of work, the City will benefit from a clear understanding of the work involved
before impacting the use of the facility in order to
strategize accordingly.

How can the City be assured the proposed
work does not impact the continued use of the
existing Libraries/Facilities?
It will be crucial for the success of the projects
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 in order to achieve proper
expectations for the City and community. Our Team
will also investigate all utility plans to understand
and mitigate potential interruptions to service
which needs to remain operational.

What are some key strategies to meeting the
desired schedule?
When implementing a program with multiple
projects and milestones which depend on one
another, it can be beneficial to bid multiple
projects together to a single Contractor so they
are responsible for the overall schedule and the
economies of scale help to attract more qualified
Contractors. The approach of using a single
Contractor also improves the subContractor pool
and interest benefiting the budget and project
staffing.

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.

City Council 35 – 69 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 17
We approach each project with the
perspective of an Owner and the insight of
a Contractor. Based on our unique blend of
experience as both public agency construction
managers and at-risk fee developers, Griffin
has the unique ability to provide enhanced
services to its clients. Similar to an Owner, we
approach every project with the perspective
that it is our money, our schedule, and our
facility that is being developed. Similar to
a Contractor, we have the extensive field
experience to understand the mindset of a
Contractor, the often-hidden decision-making
process, and an in-depth understanding of
the technical issues faced by a Contractor.

With these two key components, we provide
construction management services to ensure
a successful project of the highest quality.

Initial Assessment
Griffin begins every project with a
comprehensive Initial Assessment. This
assessment provides the City with a fresh
perspective on all aspects of the project
and allows Griffin to assess the priorities for
executing our services strategically. Typically,
we find that this initial assessment results in
the immediate need for one or both of the
following tasks:
• Establishing a refined master project schedule.
• Establish communication channels and policies.
• Oversee document strategies and specifically
how the information will be communicated to
the field.
• Identify key challenges to the project.
• Establish and formalize action items for
respective team members.
• Identify and reinforce key project objectives.
• Establishing a refined master project budget.

However, should the initial assessment phase
unearth other project needs, or if the City
has a priority list already established (like
jumping into a constructability review), we
will adjust our initial task items accordingly. It
is already clear that a total project schedule is
paramount to the City needs.

Identify Project Objectives
Once this initial assessment and resolution
effort are achieved, Griffin will then move
toward establishing a standard protocol for
the entire project team. We have found that
clarity and consistency in direction are the
most significant features of establishing a
successful project protocol. To achieve this
level of clarity and consistency, Griffin will first
establish a clear understanding of City policies
and protocols. Given our extensive experience
within the public sector, we can effectively
mold our approach to our Client and become
an extension of City staff. With that in mind,
we establish protocols for all aspects of the
project.

With a two-part approach, Griffin will
effectively execute a comprehensive project
assessment that will serve as the guiding
principles for the project moving forward.

Once the Initial Assessment period is
completed, we will employ the following
four fundamental aspects of our approach:

Communication and Document Control,
Schedule Management, Financial Controls,
and Quality Assurance.

Approach
City Council 35 – 70 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 18
Communication Protocol
Building on the project objectives identified
in the initial assessment, we will then begin
establishing standardized communication
protocols. These protocols are critical in a
project of this size and scope. Accordingly,
Griffin will establish a clear line of
communication between the team members
which can later be utilized during the
construction process. Working closely with the
City, Griffin will identify proper communication
channels between the field (Contractors and
Inspectors) and support team (Design Team,
Multi-Disciplinary Engineers, and City) to
ensure seamless communication throughout
the duration of the project.

Document Management
Griffin Structures employs the use of Submittal
Exchange for all project document controls.

This system is comprehensive, adaptable,
straightforward, and easy to use. By utilizing
this cloud-based format, Griffin Structures
can establish a single document portal that
saves and manages all project documents.

Utilizing this cloud-based system as a single
source of document control provides clear
and consistent communication to the
field, ensures comprehensive document
coordination, protects against claims,
accelerates the construction schedule by
streamlining communications, and ultimately
saves the entire project significant costs
by eliminating printing and shipping, and
improves efficiency.

Schedule Management
As with communication and document
control, schedule management and efficient
construction production relies on multiple
factors, for which Griffin has an established
protocol. Griffin will begin by producing a
comprehensive master project schedule. This
schedule will include all aspects of the project
including, but not limited to:

Design iterations
Design review times
Permitting phases
Contractor prequal
Bidding
Contracts & insurance
Construction phases
Utility connections
City IT installations
Punch List
Commissioning
Contingency
City Council 35 – 71 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 19
Half Moon Bay Library

HALF MOON BAY, CA
This library project, completed in July of 2018, included the demolition of the existing library, replaced with a new 22,000 SF library. Planning involved extensive community engagement and outreach and includes children’s and teen areas, study, literacy areas, as well as a roof deck, courtyard and atrium. As the first net-zero energy building in San Mateo County, this project includes a large rooftop photovoltaic array, hydronic radiant floor heating, and countless additional sustainable features.

VALUE + SIZE
$24M | 22,000 SF

RELEVANCY
Design-Bid-Build; Library;
Public Project
CLIENT + CONTACT
City of Half Moon Bay
Matthew Chidester
Assistant City Manager
(650) 726-8272
[email protected]
AWARDS
Delivered $2M Under Budget;
LEED Platinum; Net Zero;
APWA Project of the Year;
APWA National Project
Award; AIA/ALA Building
Award; San Mateo County
Green Building Award
Santa Clarita Canyon Country Community Center

SANTA CLARITA, CA
This 28,000 SF, new community center and outdoor space, completed October 2021, includes four multi-purpose rooms, a gymnasium, classrooms, demonstration kitchen, fitness room, and offices. Outdoor improvements also include an outdoor marketplace (mercado) and park features including courts, event stage, playground, events garden, and perimeter trail. The adjacent Mint Canyon Channel was also redeveloped.

Relevant Project Experience
VALUE + SIZE
$58M | 28,000 SF

RELEVANCY
Design-Bid-Build; Public
Project
CLIENT + CONTACT
City of Santa Clarita
Wayne Weber
Retired Parks Planning
Manager
(661) 255-4961
[email protected]
AWARDS
APWA BEST Project;
Peninsula Clean Energy
Award
City Council 35 – 72 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 20
Cupertino Library Expansion

CUPERTINO, CA
This library project, completed in January of 2022, was envisioned to be a twostory addition at the southern end of the building. The existing 1,175 SF single story Children’s Book area was demolished and replaced with a new 5,626 SF two-story addition that connects to the existing structure. In addition, this project expanded the size of the existing Story Room and created a multi-purpose Program Room. The new Program Room can be partitioned into smaller rooms allowing for simultaneous use.

County of Orange Civic Center

SANTA ANA, CA
This 20-year civic center master plan was developed and managed by Griffin Structures and completed in July of 2022. This project was intended to improve the County’s operational efficiency by unifying departments in a central facility. The Administration North and recently completed Administration South encompass over 500,000 SF and was completed ahead of schedule and under budget by $8.1M.

VALUE + SIZE
$8M | 6,000 SF

RELEVANCY
Library; Public Project
CLIENT + CONTACT
City of Cupertino
Roger Lee
Former Public Works Director
(408) 234-8494
[email protected]
VALUE + SIZE
$400M | 500,000 SF

RELEVANCY
Local Project; Public Project
CLIENT + CONTACT
County of Orange
Frank Kim
County Chief Exec. Officer
(714) 834-4304
[email protected]
AWARDS
LEED Silver; Sustainable
Design Award; APWA
Regional Project of the Year;
PCI Sustainable Design
Award
City Council 35 – 73 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 21
Yorba Linda Library & Cultural Arts Center

YORBA LINDA, CA
The two-story 45,000 SF Library and 13,500 SF Cultural Arts Center, completed July of 2020, are centered in the downtown area of Yorba Linda. The library features play areas, collections and story time space, study and community rooms, classrooms, and retail store. The Arts Center houses a 250-seat black box theater, art and dance studios, and gallery display space. The campus-like is connected via central paseo with outdoor plazas and open space.

Salinas El Gabilan Branch Library

SALINAS, CA
Griffin served as the developer for this facility which was completed June of 2019 and delivered via Public-Private Partnership (P3), provided for the design, financing, construction, and delivery of the new library. Prior to final schematic design, Griffin / Swinerton’s management led to a fully constructed, equipped building with learning spaces for children, teen and adults, community rooms, and a welcoming courtyard.

VALUE + SIZE
$52M | 58,500 SF

RELEVANCY
Design-Bid-Build; Library;
Local Project; Public Project
CLIENT + CONTACT
City of Yorba Linda
Carrie Lixey
Library Director
(714) 777-2466
[email protected]
AWARDS
ASCE Outstanding;
Community Improvement
Award; ENR Best Cultural /
Worship Project; APWA BEST
Project; CPRS Excellence in
Design, Facility Design Award
VALUE + SIZE
$21M | 21,000 SF

RELEVANCY
Library; Public Project
CLIENT + CONTACT
Cary Ann Siegfried
Former City of Salinas Chief
Librarian
(972) 721-2748
[email protected]
AWARDS
Delivered $1M Under Budget;
ENR Best Project; IEDC
Excellence in Economic
Development; Silicon Valley
Business Journal’s Structures
Award
City Council 35 – 74 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 22
Additional Library Experience
Griffin Structures and our team have led the successful delivery of over 40 libraries throughout the state of California, including libraries with extensive renovations as part of larger City Capital Improvement Programs. The projects included below are outside of the 5-year window or have yet to be completed, we have provided a high-level overview of a variety of these projects for your review and consideration.

1. Tustin Main Library

2. Quartz Hill Library

3. Santa Cruz Downtown Library,
Housing & Mixed-Use Facilities

4. Campbell Library

5. Fullerton Library

6. Northeast Stockton Library &
Community Center

7. Los Angeles Central Library
Renovation

8. Watsonville Civic Center & Library

9. Hesperia Civic Center & Library
1 2
7 5
3 9
4 6
8 City Council 35 – 75 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 23
Santa Ana Experience
2 4
1 7 3
5 Griffin Structures has delivered a multitude of projects both for and within the City of Santa Ana. This includes our previous work for the Dehli Community Center as well as our namesake project, Griffin Towers, located within the City. This agency and local knowledge provides our team with an enhanced understanding of the City itself, as well as the local jurisdictional requirements and community.

1. Dehli Community Center

2. County of Orange Civic Center

3. Santa Ana City Hall Renovation

4. Griffin Towers

5. Samueli Academy

6. Discovery Cube Science Center

7. Bowers Kidseum
6 City Council 35 – 76 6/6/2023

1. S tatement of Q ualifications GRIFFIN STRUCTURES 24
Hernan Munayco | Constructability Specialist
City of Seal Beach
Iris Lee, PE
Deputy Public Works Director
(714) 328-9760
[email protected]
Jon Hughes | Principal-In-Charge
San Bernardino County
Terry Thompson
Director of Real Estate
(909) 387-5282
[email protected]
References
Robert Godfrey | Project Executive
Tim Shaw | Construction Manager
Cody Roth | Inspector
La Canada Flintridge
Mark Alexander
City Manager
(818) 790-8880
[email protected]
Tom Perez
Current Project Director, Laguna Beach
Former CIP Manager, Irvine
(949) 464-6688
[email protected]
City of Half Moon Bay
John Doughty
Public Works Director/Assist. City Manager
(650) 712-6660 or (831) 247-1088
[email protected]
City of Mission Viejo
Keith Rattay
Assistant City Manager
(949) 470-3018
[email protected]
City of Laguna Beach
Matt Oxford
Project Manager
(949) 613-4045
[email protected]
City of Santa Clarita
Wayne Weber
Retired Parks Planning Manager
(661) 255-4961
[email protected]
City of Stockton
Mohammad Sadiq
Project Manager
(209) 937-8299
[email protected]
City of Cupertino
Roger Lee
Retired Public Works Director
(408) 234-8494
[email protected]
Bryce Bunker | Administrator
Irvine Campus Housing Authority
Victor Van Zandt
President & CEO
(949) 824-4827
[email protected]
California Pacific Homes
Bill McKibbin
Vice President of Development
(949) 833-6000
[email protected]
City Council 35 – 77 6/6/2023

Q U A R T Z H I L L L I B R A R Y ,

C O U N T Y O F

LOS ANGELES
>$12M | 13,000 SF
Public Library; LEED Gold; CMAA
Project of the Year
Scope of Services
& Schedule
SECTION NO.02
City Council 35 – 78 6/6/2023

2. S cope of S ervices & S chedule GRIFFIN STRUCTURES 25 Griffin hereby affirms that we will perform the
scope of services contained in the RFP; we
have elaborated on how we will provide our
services as noted below.

PRECONSTRUCTION PHASE

1. Biddability & Constructability Reviews: To
achieve concise construction documents,
Griffin will perform a comprehensive
constructability review in Bluebeam format
for each Library and review comments with
each Design Team. This effort will seek to
identify items that are unclear or in conflict
with other aspects of the project, as well as
biddability and best value. This effort will
result in a Bluebeam and Excel report that
will also include a marked-up set of plans.

Griffin will back check the plans after updating
and review all items with the design team
as needed to resolve them. Griffin also uses
Bluebeam Studio when all parties have access
to the software to better collaborate and
create transparency in the constructability
process.

2. Preconstruction Phase Services Meetings: At
the Kick-Off Meeting, Griffin will participate in
or conduct a kick-off meeting with the project
teams to integrate our services into the project
flows. This meeting with key stakeholders will
address items such as current design status,
challenges and issues, budgets, schedules,
personnel, and any key objectives necessary to
gain a full understanding of the projects. This
meeting will then inform how we engage in
the project to address the key concerns and
objectives of the City and project team in real
time.

CONSTRUCTION PHASE
Bid Support
Bid Phase Assistance: Griffin will manage the
contractor bidding process and can even offer
a prequalification process to narrow down
a short list of qualified bidders. To that end,
Griffin will employ the following measure to
ensure a fully responsive and responsible bid is
delivered to the City.

Distribute Plans: Once bidding is underway,
we will work closely with the City and the LPA
Design Team to coordinate the publishing
of the bid documents with the appropriate
publications and websites.

Mandatory Pre-Bid Meeting: Griffin will
prepare an agenda and will work closely with
the City and Design Team to ready all relevant
documents for the pre-bid meeting, including
our agenda, presentation, sign-in sheet, site
tour, hard copies of plans, specs, and other
relevant materials. Griffin will then publish the
minutes, sign-in sheet, and formal responses
to any questions in the form of an Addendum.

Bid RFIs: For all bid questions, Griffin will serve
as the point of contact and will coordinate the
distribution of questions and answers to the
relevant parties. Once answers are provided,
Griffin will work closely with the LPA Team to
assemble appropriate Addenda for distribution
to plan holders.

Scope of Services & Schedule
City Council 35 – 79 6/6/2023

2. S cope of S ervices & S chedule GRIFFIN STRUCTURES 26 Bidder Qualifications: Griffin possesses a
deep understanding of public facilities and
what is required of a successful Contractor.

We will bring this experience to bear as we
evaluate the qualifications of all bidders and
offer recommendations to the City. Griffin
recommends contractor pre-qualification
using the Department of Industrial Relations
framework. Griffin is well versed in managing
this process and has used it successfully on
multiple projects.

Issue Addenda: We will take the lead in
gathering the necessary documents and City
templates and will coordinate the distribution
of bid Addenda.

Bid Evaluations: Griffin will utilize its tailored
Bid Analysis sheet to evaluate the bids on a
line-item basis and offer recommendations to
the City for award. Any non-responsive bids or
non-responsible bidders will be flagged and
forwarded to the City for consideration.

Recommendation for Award: Once an analysis
is performed, Griffin will prepare and present
a recommendation for award to the City. This
effort would also include assisting the City in
preparing a staff report, which will include all
necessary information to adequately describe
the selection process to provide the Council
with adequate information to make an
informed decision to award.

Contract Award & Execution: Griffin
will participate in and assist the City in
representing the project at the time of Council
award. This effort will include assisting in
preparation of the staff report as needed.

Construction Management
Once construction begins, Griffin will employ a
vast array of policies, protocols, and techniques
to oversee and manage the contractor
successfully. Those services include the
following:

Pre-Construction Meeting: We 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.

Contract Administration: Griffin will assist the
City’s Project Manager with all aspects of the
contract compliance including all financial
controls, document controls, document
interpretations, discrepancies, constructability
problems, inspections, schedule oversight, and
all other tasks identified in the RFP.

Review Construction Schedule: As discussed
above, Griffin will review any and all schedules
provided by the Contractor to confirm they
meet the overall objectives of the project.

Accordingly, we will oversee and ensure the
activities in the field are consistent with the
approved schedule and will recommend
corrective action should they fail correlate.

Construction Progress Meetings: Griffin
will schedule, host, and oversee all project
meetings. Griffin will provide, or cause to be
provided, agendas and minutes as required for
the effective discussion and resolution of all
project related issues and resolution.

Shop Drawings and Submittal Reviews: We will
oversee the distribution of all shop drawings
and submittal reviews. Griffin will employ
the use of Submittal Exchange for expedient
distribution and tracking as described above.

City Council 35 – 80 6/6/2023

2. S cope of S ervices & S chedule GRIFFIN STRUCTURES 27 RFIs: As with shop drawings and submittal
reviews, Griffin will process and coordinate
the distribution of all RFIs in a manner
that achieve efficient design solutions and
maintains construction progress without
diminishing the design intent.

Review all 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.

Cost Control System: We will use its extensive
cost controls system to establish a master
budget that captures all costs associate with
the project and will provide regular updates
to the City throughout the duration of the
project.

Coordination of Other Consultants: Griffin will
coordinate and oversee the scheduling of all
other consultant inspections including but
not limited to geotechnical, NPDES, materials
testing, deputy inspection, and special
laboratory testing.

Coordinate with Project Designer: As with the
design phase, Griffin will coordinate with and
manage the project design consultants to
ensure all information is transmitted to and
from the respective consultants efficiently to
achieve the overall project objectives.

Job Safety: Crucial to the success of any project
is safety. Griffin will employ its extensive
experience to oversee the contractor’s safety
program and will inspect the site regularly in
that regard. Griffin will report any infraction
to the contractor immediately and ensure the
observed deficiency is rectified.

Progress Payments: We will establish, or
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 schedule 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.

Labor Compliance: Consistent with SB 854,
Griffin will require and enforce the Dept.
of Industrial Relations’ requirements for
enrollment in the DIR’s labor compliance
data base. Griffin has partnered with The
Solis Group to provide monitoring of certified
payroll and to conduct field interviews.

Quality Assurance: We will serve as the ‘eyes
and ears’ of the City for quality assurance.

Accordingly, Griffin will walk the site regularly
and inspect all installations for consistency
with the construction documents.

City Council 35 – 81 6/6/2023

2. S cope of S ervices & S chedule GRIFFIN STRUCTURES 28 .Specifically, Griffin will enforce the highest
level of quality of workmanship to ensure
the City receives the best value for the
investment made on behalf of the community.

To document progress, Griffin will take highresolution photographs before/during/after each element is constructed. Griffin employs
a robust quality assurance program that is
project-specific and ensures the project is
constructed per the plans and specifications
and is achieved by:
• Coordinating Testing & Inspections
• Conducting Daily QA walks documenting field
activity (daily reports)
• Issuing notices of non-compliance when
deficient conditions are found and tracking
them until resolved.

Commissioning: We will facilitate a
construction phase kick-off meeting to
confirm commissioning scope, review the
Commissioning Plan and clarify roles and
responsibilities.

Utility Coordination: Griffin will work diligently
to coordinate with all relevant utilities,
including but not limited to PG&E, Cable,
Telephone, Gas, and any other relevant utilities
that service this project.

Monthly Progress Reports: We will provide
monthly progress reports that include but
are not limited to activities in the field,
construction observations, progress photos,
equipment used, actual vs. planned activities,
the latest 4-week look ahead, current
issues, and change orders, goals for the
project, budget updates, trend log mapping
expenditures, progress payments, PLA labor
relations, QA/QC status, a potential issue with
the schedule or budget.

PROJECT CLOSEOUT
Ready for Inspection: Griffin will ensure that
the contractor has completed their work
in a manner that is satisfactory to meet all
necessary conditions for final inspection.

Punch Walk: We 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 the course of
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.

Punch List: 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.

Closeout Documents: Integral to our cloudbased 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 file
for future use.

City Council 35 – 82 6/6/2023

2. S cope of S ervices & S chedule GRIFFIN STRUCTURES 29 Final Payment: Griffin will review all conditions
of the project and will ensure that all
criteria are met prior to the execution of the
Contractor’s final payment.

Final Delivery: Once complete, we will
deliver all project files, data, as-built’s, and
documentation to the City for record purposes.

I N N O V A T I V E A P P R O A C H E S T O

DELIVERING SERVICES
Griffin believes in a highly collaborative
approach that takes advantage of innovative
technology mixed with traditional infield experience. Griffin Structures strikes the perfect balance between the latest
in technological advances like Building
Information Management (BIM) and
traditional construction knowledge through
extensive constructability reviews. We utilize
cloud-based document management systems
(Submittal Exchange) while also emphasizing
face to face dialogue and problem solving.

Griffin Structures can police the project to
ensure all objectives are met and contracts
enforced, while also encouraging and
supporting the success of all team members.

Additionally, Griffin is partnered with
OpenSpace, which provides an innovative
photographic documentation experience
similar to Google street view. Mounted
to a hard hat, this system can capture
comprehensive 360-degree photography
of the site wherever the wearer walks. Once
complete, the system is uploaded to a cloudbased database that integrates the footage with the plans and spec and allows the viewer
to see everything photographed overlayed
with the site plan and/or floor plan. The
system integrates with BIM and allows for a
split view of the BIM model overlaid with the
photographic documentation to allow for the
view to confirm if what is going up in the field
is consistent with the project documents.

In short, through our vast experience
both as developers and as project and
construction managers, we have developed
highly specialized tools and protocols that
successfully manage every aspect of a project.

SCHEDULE
Please refer to our separate sealed fee proposal
to view our proposed schedule.

City Council 35 – 83 6/6/2023

S A L I N A S E L

G A B I L A N B R A N C H

LIBRARY
$21M | 21,000 SF
Public Library; ENR Best Project;
IEDC Excellence in Economic
Development Award
Certifications &
Attachments
SECTION NO.03
City Council 35 – 84 6/6/2023

3. C ertifications & A ttachments GRIFFIN STRUCTURES 30 City Council 35 – 85 6/6/2023

3. C ertifications & A ttachments GRIFFIN STRUCTURES 3 1 City of Santa Ana RFP
Page A3-2
Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm
Signed and Printed Name:

Title
Date
Jon Hughes
President
02/22/23
Griffin Structures
City Council 35 – 86 6/6/2023

3. C ertifications & A ttachments GRIFFIN STRUCTURES 32 City of Santa Ana RFP
Page A3-3
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS
The undersigned consultant or corporate officer (“Consultant”), during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 35 – 87 6/6/2023

3. C ertifications & A ttachments GRIFFIN STRUCTURES 33 City of Santa Ana RFP
Page A3-4
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

President
Griffin Structures
02/22/23
City Council 35 – 88 6/6/2023

SOUTHERN CALIFORNIA OFFICE
1 TECHNOLOGY DRIVE
BUILDING I SUITE 829
IRVINE, CA 92618
949 497 9000

NORTHERN CALIFORNIA OFFICE
1850 WARBURTON AVENUE
SUITE 120
SANTA CLARA, CA 95050
408 955 0431

HALF MOON BAY LIBRARY SALINAS EL GABILAN BRANCH LIBRARY

H A L F M O O N B A Y

LIBRARY

C U P E R T I N O L I B R A R Y

EXPANSION QUARTZ HILL LIBRARY

T U S T I N M A I N L I B R A R Y

RENOVATION

L O S A N G E L E S C E N T R A L
LIBRARY HISTORICAL RENOV.

Y O R B A L I N D A L I B R A R Y &

CULTRAL ARTS CENTER

F U L L E R T O N M A I N

LIBRARY RENOVATION
City Council 35 – 89 6/6/2023
55394.00000\40418052.1
BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"

COMPENSATION
City Council 35 – 90 6/6/2023

GRIFFIN STRUCTURES FEE PROPOSAL
City of Santa Ana Library Capital Projects
May 22, 2023
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to perform Project/Construction Management Services for the City’s Library Capital projects. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee based on hourly rates:

Project/Construction Management Services: $ 2,317,220
1-Year Warranty Period Allowance $ 25,000
Subconsultant Costs (includes 15% Mark Up) $ 305,000
Reimbursable Expenses: $ 111,780
Total $ 2,759,000
All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members, subconsultants, and tasks, in consultation with the City, in order to accomplish the overall objectives and requirements of the project. All subconsultant pricing is listed as an allowance and will be negotiated in good faith with the City after the overall scope is finalized.

Services are based on a 29-month schedule including all tasks as defined in the RFP through construction closeout, and warranty management covering all four projects. Any extension of the schedule may result in additional fee, in good faith negotiation with the City.

APPROACH TO PROJECT SCHEDULE
This proposal assumes the following durations by library and is illustrated in the Resource Allocation Schedule attached:

1. Main Library (May 2023-October 2025)

2. Newhope Library (April 2023-June 2024)

3. Jerome Park (November 2023-August 2024)

4. Delhi Center (June 2023-June 2024)

APPROACH TO STAFFING & PROJECT TEAM
To bring the highest level of efficiency and value to the City of Sant Ana, Griffin Structures has assembled following team:

City Council 35 – 91 6/6/2023

Jon Hughes will serve as the Principal-In-Charge for the duration of the project and will provide asneeded leadership to the team to ensure a successful delivery. Key to the success of the project will be Jon’s experience with large capital improvement projects for public agencies, along with his experience in Public Contract procedures. For this level of service, we have allocated a total of 110 hours of Jon’s time.

Robert Godfrey will serve as the Project Executive throughout the project. In that role Robert will provide leadership during each phase guiding the City in contractor pre-qualification, bid document review and development, and support for our Construction Manager through construction. For these services, we have allocated 550 hours of Robert’s time.

Tim Shaw will serve as the Sr. Construction Manager for the entire duration of the project. Tim will lead the team, establish all construction management protocols, maintain all communications, develop the total project schedule and bring his past library and civic experience to bear. For this level of service, we have allocated a total of 3,350 hours of Tim’s time.

Cody Roth will serve as the Inspector for the entire duration of the project. For this level of service, we have allocated a total of 3,597 hours of Cody’s time.

Bryce Bunker will serve as the Contract Administrator for the entire duration of the project. For this level of service, we have allocated a total of 2,049 hours of Bryce’s time.

Hernan Munayco will serve as a Library Constructability Specialist. For this level of service, we have allocated a total of 50 hours of Hernan’s time.

QUALIFICATIONS & EXCLUSIONS

1. Hourly rates are valid through December 31st, 2025 and will escalate by CPI annually thereafter.

2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.

3. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s contractor or by the City.

4. Costs for all permits required for the project are excluded. It is assumed that the Agency will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.

5. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.

6. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.

7. Software licenses or user fees and all software training costs for specific project management software being required by either the Agency or their contractor(s) is excluded. Procore license shall be provided by the City.

City Council 35 – 92 6/6/2023

8. Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.

9. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.

10. No FF&E or OS&E procurement is included in this proposal.

11. Construction Site Security is excluded.

12. Construction Manager will track and review all RFI’s, Submittals, and Substitutions only for completeness. Approvals shall be executed by the designer of record.

13. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Griffin has no control over material and labor costs, contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided and Griffin is not liable for any costs, liabilities, or damages incurred by the Agency arising from Griffin’s opinion of cost, the actual project cost to the Agency, delays caused by events outside the control of Griffin, or any labor or material cost increases.

14. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or conditions that are outside of Griffin’s control or (2) the acts or omissions of parties for whom Griffin is not legally liable (collectively, “Non-Consultant Delays”). The schedule for completion will be extended for any Non-Consultant Delays. If Griffin incurs additional costs or expenses due to Non-Consultant Delays, then Griffin’s fee compensation will be equitably adjusted to cover such additional costs or expenses.

15. Dry utility design consultation services are not included.

16. This proposal shall remain valid and in full force and effect for a period of 120 days from date of issuance, after which time it shall be deemed null and void.

City Council 35 – 93 6/6/2023

PRINCIPAL IN
CHARGE

PROJECT

EXECUTIVE
SR. PROGRAM &

CONSTRUCTION

MANAGER

INSPECTOR

CONTRACT

ADMINISTRATOR

LIBRARY

CONSTRUCTABILITY

SPECIALIST
Jon Hughes Robert Godfrey Tim Shaw Cody Roth Bryce Bunker Hernan Munayco $250/hr. $240/hr. $230/hr. $225/hr. $215/hr. $230/hr.
1 Delhi Center Library Branch 22 110 456 560 0 0

1.1 Design Support & Constructabiity Review - - - - - -

1.2 Permitting Incl Incl Incl Incl Incl -

1.3 Bidding Incl Incl Incl Incl Incl -

1.4 Contract Award Incl Incl Incl Incl Incl -

1.5 Construction Incl Incl Incl Incl Incl -

1.6 Closeout Incl Incl Incl Incl Incl -
2 Newhope Library Branch 26 130 616 552 280 20

2.1 Design Support & Constructabiity Review Incl Incl Incl Incl Incl Incl

2.2 Permitting Incl Incl Incl Incl Incl -

2.3 Bidding Incl Incl Incl Incl Incl -

2.4 Contract Award Incl Incl Incl Incl Incl -

2.5 Construction Incl Incl Incl Incl Incl -

2.6 Closeout Incl Incl Incl Incl Incl -
3 Outdoor Library at Jerome Park 16 80 392 198 0 0

3.1 Design Support & Constructabiity Review - - - - - -

3.2 Permitting Incl Incl Incl Incl Incl -

3.3 Bidding Incl Incl Incl Incl Incl -

3.4 Contract Award Incl Incl Incl Incl Incl -

3.5 Construction Incl Incl Incl Incl Incl -

3.6 Closeout Incl Incl Incl Incl Incl -
4 Main Library Renovation 50 250 2,094 2,631 1,461 30

4.1 Design Support & Constructabiity Review Incl Incl Incl Incl Incl Incl

4.2 Permitting Incl Incl Incl Incl Incl -

4.3 Bidding Incl Incl Incl Incl Incl -

4.4 Contract Award Incl Incl Incl Incl Incl -

4.5 Construction Incl Incl Incl Incl Incl -

4.6 Closeout Incl Incl Incl Incl Incl -
5 Total Project Schedule Incl Incl Incl Incl - -
Total Hours 114 570 3,558 3,941 1,741 50
Subtotals $29,520 $140,200 $844,520 $900,955 $390,525 $11,500 PROJECT / CONSTRUCTION MANAGEMENT TOTAL $2,317,220
1-Year Warrnty Period ALLOWANCE $25,000
6 SUBCONSULTANT COSTS (Includes 15% Mark Up) $305,000

6.1 Ninyo & Moore (Soils and Materials Testing) ALLOWANCE $178,500

6.2 Independent Cost Estimate ALLOWANCE $11,500

6.3 Community Outreach ALLOWANCE $60,000

6.4 Commissioning Agent ALLOWANCE $55,000
6 REIMBURSABLE COSTS $111,780

6.1 Insurance $101,472

6.2 Misc. Reimbursable Expenses $10,308
GRAND TOTAL $2,759,000
Item
No.

PROJECT PHASE
* Hourly rates shown are for 2023. Fee is inclusive of escalated rates for 2024 and 2025.

Griffin Structures Fee Proposal
City Council 35 – 94 6/6/2023

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Delhi Center Library Branch
Permitting Support
Bidding
Contract Award
Construction
Closeout
TOTALS
Principal In Charge - Jon Hughes 2 2 2 2 2 2 2 2 2 2 2 22 Project Executive - Robert Godfrey 10 10 10 10 10 10 10 10 10 10 10 110 Sr. Program and Construction Manager - Tim Shaw 20 20 20 44 44 44 44 44 44 44 44 24 20 456 Inspector - Cody Roth 86 86 86 86 86 86 24 20 560
Contract Administrator - Bryce Bunker 0
Library Constructability Specialist - Hernan Munayco 0
Principal In Charge - Jon Hughes $ - $ - $ - $ - $ - $ 500 50 $ 0 $ 500 $ 500 $ 500 $ 500 $ 500 $ 530 $ 530 $ 530 $ 530 $ - $ - $ - $ - $ - $ - $ - $ - $ 5,620 Project Executive - Robert Godfrey $ - $ - $ - $ - $ - $ 2,400 2,4 $ 00 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ - $ - $ - $ - $ - $ - $ - $ - $ 26,800 Sr. Program and Construction Manager - Tim Shaw $ - $ - $ - $ - $ - $ 4,600 4,6 $ 00 $ 4,600 $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,560 $ 10,560 $ 10,560 $ 10,560 $ 5,760 $ 4,800 $ - $ - $ - $ - $ - $ - $ 107,080 Inspector - Cody Roth $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 19,350 $ 19,350 $ 20,210 $ 20,210 $ 20,210 $ 20,210 $ 5,640 $ 4,700 $ - $ - $ - $ - $ - $ - $ 129,880 Contract Administrator - Bryce Bunker $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Library Constructability Specialist - Hernan Munayco $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 7,500 $ 7 ,500 $ 7 ,500 $ 13,020 13,02 $ 0 $ 32,370 $ 32,370 $ 33,800 33,8 $ 00 $ 33,800 $ 33,800 $ 11,400 9,5 $ 00 $ - $ - $ - $ - $ - $ - $ 269,380

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Newhope Library Branch
Design Support & Constructabiity Review
Permitting
Bidding
Contract Award
Construction
Closeout
TOTALS
Principal In Charge - Jon Hughes 2 2 2 2 2 2 2 2 2 2 2 2 2 26 Project Executive - Robert Godfrey 10 10 10 10 10 10 10 10 10 10 10 10 10 130 Sr. Program and Construction Manager - Tim Shaw 44 44 44 44 44 44 44 44 44 44 44 44 44 24 20 616 Inspector - Cody Roth 10 10 12 44 86 86 86 86 44 44 24 20 552 Contract Administrator - Bryce Bunker 40 40 40 40 40 40 40 280 Library Constructability Specialist - Hernan Munayco 10 10 20 Principal In Charge - Jon Hughes $ - $ - $ - $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 530 530 $ $ 530 $ 530 $ - $ - $ - $ - $ - $ - $ - $ - $ 6,620 Project Executive - Robert Godfrey $ - $ - $ - $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 2,40 $ 0 $ 2,400 $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ - $ - $ - $ - $ - $ - $ - $ - $ 31,600 Sr. Program and Construction Manager - Tim Shaw $ - $ - $ - $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,120 $ 10,560 $ 10,560 $ 10,560 $ 10,560 $ 5,760 $ 4,800 $ - $ - $ - $ - $ - $ - $ 143,880 Inspector - Cody Roth $ - $ - $ - $ 2,250 $ 2,250 $ - $ - $ 2,700 $ - $ 9,900 $ 19,350 $ 19,350 $ 20,210 $ 20,210 $ 10,340 $ - $ 5,640 4 $ ,700 $ - $ - $ - $ - $ - $ - $ 116,900 Contract Administrator - Bryce Bunker $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8,600 $ 8,600 $ 8,600 $ 9,000 $ 9,000 $ 9,000 $ 9,000 $ - $ - $ - $ - $ - $ - $ - $ - $ 61,800 Library Constructability Specialist - Hernan Munayco $ - $ - $ - $ 2,300 $ 2,300 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 4,600 $ - $ - $ - $ 17,570 $ 17,570 $ 13,020 $ 13,020 $ 15,720 $ 13,020 $ 31,520 $ 40,970 $ 40,970 $ 42,800 $ 42,800 $ 32,930 $ 22,590 $ 11,400 $ 9 ,500 $ - $ - $ - - $ $ - $ - $ 365,400

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Outdoor Library at Jerome Park
Permitting
Bidding
Contract Award
Construction
Closeout
TOTALS
Principal In Charge - Jon Hughes 2 2 2 2 2 2 2 2 16
Project Executive - Robert Godfrey 10 10 10 10 10 10 10 10 80 Sr. Program and Construction Manager - Tim Shaw 44 44 44 44 44 44 44 44 20 20 392 Inspector - Cody Roth 44 44 44 44 22 198
Contract Administrator - Bryce Bunker 0
Library Constructability Specialist - Hernan Munayco 0
Principal In Charge - Jon Hughes $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 500 $ 500 $ 530 $ 530 $ 530 $ 530 $ 530 $ 530 $ - $ - $ - $ - $ - $ - $ 4,180 Project Executive - Robert Godfrey $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,400 $ 2,400 $ 2,500 $ 2,500 $ 2,500 $ 2,500 2 $ ,500 $ 2,500 $ - $ - $ - $ - $ - $ - $ 19,800 Sr. Program and Construction Manager - Tim Shaw $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 10,120 $ 10,120 $ 10,560 $ 10,560 $ 10,560 $ 10,560 $ 10,560 $ 10,560 $ 4,800 $ 4,800 $ - $ - $ - $ - $ 93,200 Inspector - Cody Roth $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 10,340 $ - $ 10,340 $ 10,340 $ 5,170 $ - $ - $ - $ - $ - $ 36,190 Contract Administrator - Bryce Bunker $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Library Constructability Specialist - Hernan Munayco $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - -$ -$ -$ -$ -$ -$ -$ 13,020$ 13,020$ 13,590$ 13,590$ 23,930$ 13,590$ 23,930$ 23,930$ 9,970$ 4,800$ -$ -$ -$ -$ 153,370$ OUTDOOR LIBRARY AT JEROME PARK 2023 2024

MONTHLY STAFFING HOURS
NEWHOPE LIBRARY BRANCH 2023 2024

MONTHLY STAFFING HOURS
DELHI CENTER LIBRARY BRANCH 2024

MONTHLY STAFFING HOURS
2023
Griffin Structures 5/22/2023
City Council 35 – 95 6/6/2023

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Main Library Renovation
Design Support & Constructabiity Review
Permitting
Bidding
Contract Award
Construction
Closeout
Principal In Charge - Jon Hughes 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Project Executive - Robert Godfrey 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 Sr. Program and Construction Manager - Tim Shaw 44 44 44 44 44 44 44 44 44 86 86 86 86 104 104 104 104 Inspector - Cody Roth 10 10 10 80 90 150 172 172 172 172 172 Contract Administrator - Bryce Bunker 40 86 86 86 86 86 86 86 86 Library Constructability Specialist - Hernan Munayco 10 10 10 Principal In Charge - Jon Hughes $ - $ - $ - $ - $ 500 $ - 50 $ 0 $ - $ - $ 500 $ 500 $ 500 $ 530 $ 530 $ 530 $ 530 5 $ 30 $ 530 $ 530 $ 530 $ 530 $ 530 $ 530 $ 530 Project Executive - Robert Godfrey $ - $ - $ - $ - $ 2,400 $ - 2,4 $ 00 $ - $ - $ 2,400 $ 2,400 $ 2,400 $ 2,500 2 $ ,500 $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 2,500 2,500 $ $ 2,500 $ 2,500 $ 2,500 Sr. Program and Construction Manager - Tim Shaw $ - $ - $ - $ - $ 10,120 $ - 10,1 $ 20 $ - $ - $ 10,120 $ 10,120 $ 10,120 $ 10,560 $ 10,560 $ 10,560 $ 10,560 $ 20,640 20,640 $ $ 20,640 $ 20,640 $ 24,960 24,96 $ 0 $ 24,960 $ 24,960 Inspector - Cody Roth $ - $ - $ - $ - $ 2,250 $ - 2,2 $ 50 $ - $ - $ 2,250 $ - $ - $ - $ - $ - $ - $ 18,800 $ 21,150 $ 35,250 40,4 $ 20 $ 40,420 $ 40,420 $ 40,420 40, $ 420 Contract Administrator - Bryce Bunker $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 9,000 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 Library Constructability Specialist - Hernan Munayco $ - $ - $ - $ - $ 2,300 $ - 2,3 $ 00 $ - $ - $ 2,300 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 17,570 $ - $ 17,570 $ - $ - 1 $ 7,570 $ 13,020 $ 13,020 $ 13,590 $ 13,590 $ 13,590 $ 22,590 $ 61,820 $ 64,170 $ 78,270 $ 83,440 $ 87,760 $ 87,760 $ 87,760 $ 87,760

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Main Library Renovation
Design Support & Constructabiity Review
Permitting
Bidding
Contract Award
Construction
Closeout
TOTALS
Principal In Charge - Jon Hughes 2 2 2 2 2 2 2 2 50
Project Executive - Robert Godfrey 10 10 10 10 10 10 10 10 250 Sr. Program and Construction Manager - Tim Shaw 104 104 104 104 104 104 104 104 86 20 2,094 Inspector - Cody Roth 172 172 172 172 172 172 172 172 45 2,631 Contract Administrator - Bryce Bunker 86 86 86 86 86 86 86 86 45 1,461 Library Constructability Specialist - Hernan Munayco 30 Principal In Charge - Jon Hughes $ 530 $ 530 $ 530 $ 530 $ 530 $ 530 $ 530 $ 530 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 13,100 Project Executive - Robert Godfrey $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 2,500 2,50 $ 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 62,000 Sr. Program and Construction Manager - Tim Shaw $ 24,960 $ 24,960 $ 24,960 $ 24,960 $ 24,960 $ 24,960 $ 24,960 $ 24,960 $ 20,640 $ 4,800 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 500,360 Inspector - Cody Roth $ 40,420 $ 40,420 $ 40,420 $ 40,420 $ 40,420 $ 40,420 $ 40,420 $ 40,420 $ 10,575 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 617,985 Contract Administrator - Bryce Bunker $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 19,350 $ 10,125 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 328,725 Library Constructability Specialist - Hernan Munayco $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,900 $ 87,760 $ 87,760 $ 87,760 $ 87,760 $ 87,760 $ 87,760 $ 87,760 $ 87,760 $ 41,340 $ 4 ,800 $ - $ - $ - $ - $ - $ - $ - -$ -$ -$ -$ -$ -$ -$ 1,529,070$

MONTHLY STAFFING HOURS
PROJECT PHASE 2025 2026

MONTHLY STAFFING HOURS
MAIN LIBRARY RENOVATIOIN 2023 2024
Griffin Structures 5/22/2023
City Council 35 – 96 6/6/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Agreement with Floral Park Neighborhood Association for Fence on Broadway

AGENDA TITLE
Approve a License Agreement with the Floral Park Neighborhood Association for Use of Broadway Right-of-Way for a Fence (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a license agreement with the Floral Park Neighborhood Association, a 501(c)3 nonprofit community organization, for use of public right-of-way on Broadway from Santa Clara Avenue to the I-5 exit, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The southbound exit of Interstate 5 (I-5) for Broadway and Main Street experiences heavy usage and is located next to the Floral Park Neighborhood at the intersection of Santa Clara Avenue and Broadway (Exhibit 1). In order to prevent litter and debris from the freeway exit from entering the neighborhood, as well as to improve security and aesthetics, the Floral Park Neighborhood Association (FPNA), a 501(c)3 nonprofit community organization, is seeking permission to install a decorative wrought iron fence within the public right-of-way. The proposed fence, which will be approximately five feet tall, will be installed alongside the existing tree line and designed to harmonize with the appearance of an adjacent private property fence (Exhibit 2).

The cost of the fence improvements will be paid for and maintained by the FPNA. To document the FPNA right to use, maintain, and repair its fence, to identify insurance requirements, and to prescribe terms of indemnification of the City by the FPNA, the City and FPNA must enter into a License Agreement (Exhibit 3).

The Public Works Agency recommends approving the proposed license agreement, as the proposed improvements will enhance the quality of life for the community. Moreover, these improvements will not hinder existing drainage, pedestrian access, or any other beneficial public uses of the space.

FISCAL IMPACT
There is no fiscal impact associated with this action.

City Council 36 – 1 6/6/2023
Agreement with Floral Park Neighborhood Association for Fence on Broadway June 6, 2023

EXHIBIT(S)

1. Location Map

2. Section-View Photographs of Area

3. License Agreement
Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 36 – 2 6/6/2023
PAGE 1 OF 1

SEGERSTROM
MacARTHUR
SAN
SANTA
405
HARBOR

SUNFLOWER
WARNER
ANA

EDINGER
RIVER
FIFTH
FIRST
McFADDEN
HAZARD
22 TRASK SANTA CLARA SANTA CLARA

PULLMAN

GREENVILLE
BEAR
DIEGO
MacARTHUR
SUSAN
RAITT

SUNFLOWER COSTA
55 405

BRISTOL
FLOWER
MAIN
FRWY

SULLIVAN
CENTER
WARNER
DYER
ROSS

EDINGER
ST. ANDREW

CIVIC CENTER

SANTA ANA
BISHOP

TOWNSEND WASHINGTON
RIVER
SANTA

WILLITS

CHESTNUT

ANA BROADWAY
MAIN

SANT AIGO
SANTA
5 LYON
FRW Y
MESA
ST. GERTRUDE

RED HILL

NEW PORT
55 RITCHEY

FRWY FIRST
FOURTH
5 TUSTIN

LINCOLN
GRAND
ANA
BLVD

SEVENTEESHERRY
NTH
22 GARDEN GROVE FRWY
22 LA VETA
5 SANTIAGO
MEMORY

M A I N P L A C E

S A N T A A N A

FAIRHAVEN CAMBRIDGE
CREEK
LILAC

BEDFORD

EDGEWOOD
5TH ST. HAWLEY ST

SUNSET ST

WESTMINSTER

SEVENTEENTH

FAIRVIEW
EUCLID

NEWHOPE
HARBOR

BRISTOL
RAITT

FAIRVIEW
FLOWER

BROADWAY
McFADDENSTANDARD
GRAND
TUSTIN
LEGEND:

EXHIBIT A
PWA

SANTA ANA

PUBLIC WORKS AGENCY
broadway

LICENSE AREA
PARK
BLVD

AND FLORAL PARK NEIGHBORHOOD ASSOCIATION

BETWEEN THE CITY OF SANTA ANA

LICENSE AGREEMENT

SANTA CLARA AVE
EXHIBIT 1
City Council 36 – 3 6/6/2023
5 FWY
EXIT

BROADWAY
EXHIBIT 2
City Council 36 – 4 6/6/2023

SANTA CLARA
City Council 36 – 5 6/6/2023

LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement”) is dated as of June 6, 2023, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California (“City”), and Floral Neighborhood Association (FPNA), a 501(c)3 nonprofit community organization (“Licensee”).

RECITALS
A. The City owns or has an easement for public street/road purposes along, above and under the public street commonly knowns as Broadway (hereinafter “Street”), which is adjacent to the Interstate 5 southbound off ramp as depicted on Exhibit A (“License Area”).

B. Licensee desires to construct, maintain and repair (“Permitted Uses”) a wrought iron fence (“Fence”) at the License Area as depicted on Exhibit B.

C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement.

NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on the date first written above, for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein (“License”), subject to Licensee’s performance of all of its obligations under this Agreement. The initial term of the license shall be three (3) years. At the expiration of the initial term, this Agreement shall continue from year to year under its then existing conditions unless and until a party hereto gives the other no less than 90 days written notice of termination prior to expiration of the initial term or of the one year extension then in effect.. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest.

2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement by removing the Fence, to the reasonable satisfaction of the City and leaving the License Area in a neat and clean condition, free of trash and debris, and removing all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed.

3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits.

4. Duties of the Parties.

A. Licensee Duties.

By execution of this Agreement, Licensee agrees for itself and on behalf of its employees, agents, consultants and contractors as follows:

EXHIBIT 3
City Council 36 – 6 6/6/2023

a. All work performed by Licensee on the Fence from or within the License Areas shall comply with all applicable City Ordinances, Standards and Specifications currently in effect. The work, including method of installation and limits of construction of the Fence shall be depicted on a plan and shall be subject to review inspection and approval by the City. Any contractor performing work on the Fence shall first obtain all applicable permits from the City. Licensee shall be prohibited from installing signage, structural or decorative elements, symbols, logos, graphics, characters or lettering on the Fence without the advance written approval of the City.
b. Any maintenance or repair of the Fence via the City’s Street shall require the Licensee to apply for and obtain all applicable permits from the City. c. Maintain all frontage trees and landscaping that may interfere with the structural integrity of the Fence.
d. The Fence shall be kept structurally sound, with no peeling or flaking paint, free from graffiti and no rusted or worn finishes at all times.
e. Licensee accepts full responsibility for all damages and restoration to City property caused by Licensee pursuant to Licensee’s activities stated herein. In the event that Licensee damages any portion of City Property, Licensee shall immediately repair the damage at Licensee’s sole cost.

Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its direct cost within thirty (30) days of receipt of written demand from City. f. All work shall be done by a State Licensed Contractor with the appropriate classification.

In addition, the contractor shall possess a current City Business License. g. Traffic.
• Traffic control shall comply with City Standard Plan No. 1125F and the Work Area Traffic Control Handbook (WATCH). Amber lights must be maintained at night. • Any street closure shall comply with City Standard Plan No. 1125F. h. Refuse, rubble, gravel, dirt or unused materials shall be removed on a daily basis and final cleanup shall take place within 3 days after completion of the work. If not removed within 3 days, City may remove such refuse, rubble, gravel, dirt or unused materials at Licensee’s expense, including the current call-out charge.
i. Licensee shall provide plans for the project and shall provide as-built plans when installation is complete.
j. Licensee shall cause all activities of under this Agreement and all activities on the License Areas to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits.

B. City Duties.
a. Maintain all frontage trees, landscaping, sidewalk surfaces, and associated irrigation systems within the License Area.
b. In the event the Fence is damaged or obstructed for any reason, the City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.

City Council 36 – 7 6/6/2023

5. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.

6. Fee. As consideration for this Agreement, Licensee, at its sole cost, shall construct, maintain and repair a Fence that will provide a community benefit by beautifying the public right-of-way near the intersection of N. Broadway and Santa Clara Street directly adjacent to the Main Street/Broadway exit off the Interstate 5 south freeway. The aesthetic fencing will increase pedestrian safety by preventing unwanted pedestrian movements and guiding pedestrians to formal public right-of-way access points. The City finds that due to the community benefit, and no cost to the City, the Licensee shall pay a total license fee of $810 for its use of License Area.

7. AS-IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee’s use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee’s own investigation of the condition of the License Area. The license to use the License Area shall be granted on an “AS-IS,” “WITH ALL FAULTS” basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use.

Licensee’s use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee’s use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.

8. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows:
a. Commercial General Liability Insurance. Licensee and Licensee Parties shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Licensee and Licensee Parties performing fence installation or maintenance activities, shall while performing those activities, maintain Worker’s Compensation Insurance as required by California law.
c. Licensee and Licensee Parties performing fence installation or maintenance activities, shall while performing those activities, maintain Comprehensive Automobile Liability Coverage, including as applicable owned, non-owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form.

City Council 36 – 8 6/6/2023

9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates (“Covered Parties”) from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee’s use of the License Area, the entry by any Licensee Party on the License Area or surrounding property, or Licensee’s breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee’s expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 10 shall survive the termination or expiration of this Agreement.

10. Miscellaneous.

10.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee.

10.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding.

10.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.

10.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California.

10.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, expert witness fees, costs of investigation, and costs of suit from the losing party.

10.6 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement.

10.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to:

City Council 36 – 9 6/6/2023

If to Licensor: Floral Neighborhood Association
Attn: Jeffrey Katz
1919 N. Heliotrope Drive
Santa Ana, CA 92706
If to City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988

10. 8 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart.

IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above.

CITY OF SANTA ANA
_________________________
Kristine Ridge
City Manager

APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
__________________________
Jose Montoya
Assistant City Attorney

RECOMMENDED FOR APPROVAL
__________________________
Nabil Saba
Executive Director
Public Works Agency
ATTEST
__________________________
Jennifer L. Hall
City Clerk

LICENSEE
By: ________________________

Its: _________________________ 5/23/2023
City Council 36 – 10 6/6/2023
PAGE 1 OF 1

SEGERSTROM
MacARTHUR
SAN
SANTA
405
HARBOR

SUNFLOWER
WARNER
ANA

EDINGER
RIVER
FIFTH
FIRST
McFADDEN
HAZARD
22 TRASK SANTA CLARA SANTA CLARA

PULLMAN

GREENVILLE
BEAR
DIEGO
MacARTHUR
SUSAN
RAITT

SUNFLOWER COSTA
55 405

BRISTOL
FLOWER
MAIN
FRWY

SULLIVAN
CENTER
WARNER
DYER
ROSS

EDINGER
ST. ANDREW

CIVIC CENTER

SANTA ANA
BISHOP

TOWNSEND WASHINGTON
RIVER
SANTA

WILLITS

CHESTNUT

ANA BROADWAY
MAIN

SANT AIGO
SANTA
5 LYON
FRW Y
MESA
ST. GERTRUDE

RED HILL

NEW PORT
55 RITCHEY

FRWY FIRST
FOURTH
5 TUSTIN

LINCOLN
GRAND
ANA
BLVD

SEVENTEESHERRY
NTH
22 GARDEN GROVE FRWY
22 LA VETA
5 SANTIAGO
MEMORY

M A I N P L A C E

S A N T A A N A

FAIRHAVEN CAMBRIDGE
CREEK
LILAC

BEDFORD

EDGEWOOD
5TH ST. HAWLEY ST

SUNSET ST

WESTMINSTER

SEVENTEENTH

FAIRVIEW
EUCLID

NEWHOPE
HARBOR

BRISTOL
RAITT

FAIRVIEW
FLOWER

BROADWAY
McFADDENSTANDARD
GRAND
TUSTIN
LEGEND:

EXHIBIT A
PWA

SANTA ANA

PUBLIC WORKS AGENCY
broadway

LICENSE AREA
PARK
BLVD

AND FLORAL PARK NEIGHBORHOOD ASSOCIATION

BETWEEN THE CITY OF SANTA ANA

LICENSE AGREEMENT

SANTA CLARA AVE
City Council 36 – 11 6/6/2023
10' TRANSITION FROM 5' TO 1.5' BEHIND CURB
4' FROM BACK OF SIDWALK, EAST OF THE TREE LINE.

FENCE SHOULD BE INSTALLED APPROXIMATELY

FENCE SHOULD END BEFORE SIDEWALK
PARK
BLVD
B
R
OAD
WA
Y

SANTA CLARA AVE

PROPOSED FENCE
LEGEND:

FENCE SHOULD NOT PROHIBIT PEDESTRIAN ACCESS
NOTE:

EXHIBIT B
AND FENCE DETAILS.

SEE PAGE 2 OF EXHIBIT FOR FENCE CROSS SECTION
City Council 36 – 12 6/6/2023

ROADWAY

CURB & GUTTER
DIRT

PROPOSED WROUGHT IRON FENCE

EXISTING TREE LINE
N. BROADWAY
.

TRANSITION FROM 5 FEET TO 1.5 FEET BEHIND CURB
N.T.S

STREET CROSS SECTION
POST:1.5"X1.5"X14Ga.
.
(4" o/c)
5/8" X 5/8"
5' HEIGHT

CONCRETE FOOTING
N.T.S

WROUGHT IRON FENCE
City Council 36 – 13 6/6/2023
Information Technology
www.santa-ana.org/information-technology
Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Approve and Amend an Agreement with COMPULINK Management Center Inc. for Enterprise Content Management System Maintenance, Services, and Licenses

AGENDA TITLE
Approve and Amend an Agreement with COMPULINK Management Center Inc. for Enterprise Content Management System Maintenance, Services, and Licenses in an Amount not to Exceed $800,000 (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute the second amendment to the agreement with Compulink Management Center, Inc., DBA Laserfiche for Laserfiche Enterprise Content Management System maintenance, services, training, and software licenses, in an amount not to exceed $800,000, over a five-year period from July 1, 2023, through June 30, 2028, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City of Santa Ana has owned the Laserfiche Enterprise Content Management (ECM) System since 2002, using the product’s document management solution to manage digital documents. In 2014, the City upgraded to Laserfiche’s RIO platform, which included additional features, such as Electronic Forms and Workflow. Laserfiche is a market leader in municipal government document management systems and is highly rated by Nucleus Research and Gartner for its user-friendly interface, sophisticated functionality, and superior customer support.

The Laserfiche system allows City staff to electronically store, index, process, and retrieve pertinent City records. It is being used by the City Clerk’s office, along with every other agency in the City. The system is integrated with the City’s financial management, utility billing, business license tax, dog license, and GIS systems, which allows access to related business documents and engineering drawings from the corresponding business application systems.

One of the City’s ongoing goals is to allow the public the ability to electronically conduct as much business with the City as possible. The City is continuing to leverage its investment in the Laserfiche ECM platform and expanding its use of the system to improve business process efficiencies by allowing documents to be managed electronically and City Council 37 – 1 6/6/2023
Approve and Amend an Agreement with COMPULINK Management Center Inc. for Enterprise Content Management System Maintenance, Services and Licenses June 6, 2023

for paper forms to be converted to electronic forms. Based on requests from various agencies, including Human Resources, City Clerk’s Office, and Public Works, staff is also adding a records retention module to utilize it for citywide records retention management going forward.

The existing agreement (agreement no. A-2014-144) provides for software maintenance and support, as well as the ability for the City to acquire additional licenses, training, and professional services as needed. The agreement renews automatically each year unless terminated by either party. An agreement renewal is required to receive regular software updates that allow the City to continue to ensure that the software works with newer City technology. The current annual cost of the software support and maintenance shall not exceed $100,000, or $500,000 over five years. Staff recommends authorizing an additional $300,000 to cover as-needed costs for additional licenses, staff training, and professional services for system consulting.

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Laserfiche was awarded a contract by the National Cooperative Purchasing Alliance (NCPA contract # 01-158) for procurement of document and records management as a result of open, competitive bidding that meets the City’s requirement. Utilizing the NCPA cooperative contract allows the City to obtain nationally leveraged volume pricing on the Laserfiche Software Assurance Plan (LSAP). Moreover, the City received a special heavily discounted unit rate built on previous NCPA pricing (contract 11-25) that was applied to the software maintenance schedule, below. Future expansions will be based on the current NCPA Contract 01-158 listing price.

FISCAL IMPACT
Funding is available in the FY 2023-24 Information Technology, Enterprise Systems accounting unit 10920141, Software Maintenance & Support account 62306, and Contract Services Professional account 62300 in the amount of $160,000 and future fiscal year funding will be included in the proposed budgets for City Council consideration. The following table is an estimate of the account distribution by fiscal year, but the actual amounts may vary within a fiscal year based on the timing of delivery of services.

City Council 37 – 2 6/6/2023
Approve and Amend an Agreement with COMPULINK Management Center Inc. for Enterprise Content Management System Maintenance, Services and Licenses June 6, 2023

Fiscal
Year
Accounting
Unit –
Account No.

Fund
Description
Accounting Unit –
Account No. Description
Amount
2023-24 10920141- Information Enterprise Systems -
62306 Technology Software Maintenance & $100,000
Support
2023-24 10920141- Information Enterprise Systems -
62300 Technology Contract Services $60,000
Professional
2024-25 10920141- Information Enterprise Systems -
62306 Technology Software Maintenance & $100,000
Support
2024-25 10920141- Information Enterprise Systems -
62300 Technology Contract Services $60,000
Professional
2025-26 10920141- Information Enterprise Systems -
62306 Technology Software Maintenance & $100,000
Support
2025-26 10920141- Information Enterprise Systems -
62300 Technology Contract Services $60,000
Professional
2026-27 10920141- Information Enterprise Systems -
62306 Technology Software Maintenance & $100,000
Support
2026-27 10920141- Information Enterprise Systems -
62300 Technology Contract Services $60,000
Professional
2027-28 10920141- Information Enterprise Systems -
62306 Technology Software Maintenance & $100,000
Support
2027-28 10920141- Information Enterprise Systems -
62300 Technology Contract Services $60,000
Professional
Total $800,000

EXHIBIT(S)

1. Compulink Management Center, Inc., First Amendment

2. Compulink Management Center, Inc., Second Amendment

3. Compulink Management Center, Inc. DBA Laserfiche Agreement (2014) Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Kristine Ridge, City Manager
City Council 37 – 3 6/6/2023

INSURANCE NOT ON FILE

WORK MAY NOT PROCEED

CLERK OF COUNCIL
DATE:

A-2019- 084

FIRST AMENDMENT TO SOFTWARE LICENSE AND

PROFESSIONAL SERVICES AGREEMENT
a
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on June 4, 2019, CZ) by and between Compulink Management Center, Inc. dba LaserFche (" Laserfiche"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Co Constitution and laws of the State ofCalifornia (" City"). 0 RECITALS
A. The parties entered into Agreement No. A- 2014- 144, which commenced on June 12, 2014, by which Laserfiche agreed to provide Laserfiche Enterprise Software Licenses and Professional Services (" Agreement"). The Agreement provides for a perpetual license for the use of the software license and provides varied terms for the services related to the use of the software license. The Agreement remains in effect.

B. The parties wish to amend the Agreement to remove services no longer provided by LaserFche and amend the renewal periods, pricing, and the noted designate for the City related to the continuation of professional services by Laserfiche.

The Parties therefore agree:

Schedule A — Laserfiche Software Purchased and Price Schedule, is hereby replaced with the attached amended and restated Schedule A. All references in the Agreement to Schedule A, shall henceforth refer to the attached amended and restated Schedule A to this First Amendment.

2. Schedule G - Accuflex Scanning Services, is hereby removed from the Agreement. All references to any scanning services provided by Accuflex, Inc. shall be removed from the Agreement as the services are now obsolete and no longer offered through Accuflex, Inc. or by LaserFche.

3. Section I — Term, is hereby amended to read in its entirety as follows:
l. a. Software Licenses — All software licenses purchased by the City, during this Agreement, are considered perpetual and can only be terminated in accordance with Section 14, below.
l. b. For the purposes of products or services below, the parties agree to extend the current term ofthe Agreement through June 30, 2019 for all products and services under the Agreement and then the new term, per this First Amendment, shall be extended for an additional three 3) year period from July 1, 2019 through June 30, 2022 in relation to the following:

Purchase of future software licenses, training, and professional services under this Agreement at pricing and rates at Laserfiche's then -published rates or as agreed upon by the parties.

Pagel of 2
City Council 37 – 4 6/6/2023
Maintenance and support, referred to as the Laserfiche Software Assurance Plan LSAP"), at pricing and rates at Laserfiche's then -published rates or as agreed upon by the parties. The parties may choose to exercise the option to renew the LSAP portion of this Agreement, after this three-year period, for one ( 1) year terms upon a writing approved by the City Manager and the City Attorney.

I. e. The amount to be expended in furtherance of the renewal of this Agreement from July 1, 2019 through June 30, 2022, shall not exceed $ 480,000. The parties agree that any additional costs, including for extensions to the LSAP are subject to approval by the City Council.

4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
DaisyAISMINE RIDGE ity Manager
Clerk of the Council

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: _ h' -
J M. FUNK
Assistant City Attorney

FOR APPROVAL
t
Jac iulla
Ch f Innovations Officer
In rmation Technology

COMPULINK MANAGEMENT
CENTER, INC. ("LASERFICHE")
By: PETER WAY AN
Title: FxCU_} iVe Mice- Qresi& t