AGREEMENT WITH A’S CONSTRUCTION TO PROVIDE DESIGN-BUILD
SERVICES FOR CABRILLO PARK RESTROOM AND CONCESSION
IMPROVEMENTS
THIS AGREEMENT is made and entered into on this 15th day of September, 2026 by and between Bruce Anderson Enterprises, Inc., a California corporation, DBA A’s Construction (“Contractor”), 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. On March 20, 2026, City issued Request for Proposal (“RFP”) No. 2 6-012, by which it sought qualified consultants to provide Design -Build Services for Cabrillo Park restroom and concession building improvements.
B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 26-012.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work that was included in RFP No. 26-012, which is attached hereto as Exhibit A and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, which is attached hereto and incorporated by reference. The total compensation for services provided shall not exceed $650,000 during the term of the Agreement, including any extension periods.
The sum is comprised of (1) a base bid amount of $591,000, and (2) a contingency in the amount of $59,000 for additional services at the City’s sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the Exhibit 1
City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be aut horized to deposit payments directly into Contractor ’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on September 15, 2026 and expire on December 31, 2027, unless terminated earlier in accordance with Section 1 6, below. The term of this Agreement may be extended for an additional one-year period upon a writing executed by the City Manager and the City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, 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 being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and ag ents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
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 Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and
perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Insurance requirements are attached hereto as Exhibit C and incorporated by reference.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the negligent operations of the Contractor , its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect it s own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the aw ard of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all c onflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the
prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, empl oyees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to an y individual, as defined in subsections (b) and (c) above.
13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical condit ions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor , Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to recei pt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 647-5635
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
21. CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, C alifornia Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information ass ociated with Contractor and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other A’s Construction
Attn: Andres Aguilar, President
1662 W. McFadden Avenue
Santa Ana, CA 92704
information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
22. COMMUNITY WORKFORCE AGREEMENT
Contractor shall adhere to the City’s Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor to follow in the crafts persons employed to complete the Project as more fully described in the CWA. The CWA may be found on the City’s website at:
CWA City of Santa Ana 12 -20-
2023
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respecti ve parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the Parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
By:
Title:
Andres Aguilar
President
Rodolfo Rosas (Aug 31, 2026 14:04:29 PDT)
Rodolfo Rosas
EXHIBIT A
CITY OF SANTA ANA
INTRODUCTION/PROJECT
The City of Santa Ana (CSA) is soliciting proposals from qualified firms to provide Progressive Design-Build services for the renovation of the existing Cabrillo Park restrooms and concession room to bring the facilities into compliance with current ADA accessibility standards and applicable building codes. The project will also include associated site improvements, utility work, and replacement of approximately 3,800 square feet of surrounding sidewalk. the Progressive Design-Builder (DB) team. This interpretation is intended solely for the purposes of this solicitation and shall not modify or limit any definitions contained in the resulting Agreement.
The scope of work includes, but is not limited to, utility investigations (including sewer, water, and electrical systems); civil and structural engineering services; preparation of plans, specifications, and cost estimates; selective demolition of the existing restroom facilities; and construction of the renovated restroom and concession facilities. Work will include installation of structural elements, lighting, plumbing systems and fixtures, restroom accessories, and interior and exterior building finishes. The project will also include utility connections, site restoration, replacement of approximately 3,800 square feet of adjacent sidewalk, and completion of related site improvements necessary to support the renovated facilities.
Existing as-built drawings for the facility and associated utilities may be incomplete or unavailable. The Design-Build team shall be responsible for conducting field verification, investigations, and necessary documentation to confirm existing conditions and utilities required to complete the design and construction of the project.
It is expected that selected Design-Builder will provide comprehensive services for the planning, design, and construction of Cabrillo Park restrooms and concession building in two phases under a single Progressive Design-Build Agreement.
Phase I Preconstruction Services will include, but are not limited to:
A. EXISTING FACILITY ASSESSMENT AND RESTROOM CONFIGURATION EVALUATION. As part of the design and investigation services, the Design-Build team shall conduct a comprehensive assessment of the existing restroom building, structural systems, utilities and spatial layout to determine feasible renovation approaches.
The DB team shall evaluate the existing facility conditions, operating needs of the park, anticipated user demand, accessibility requirements and applicable building and plumbing codes. a. Based on this assessment the DB team shall analyze and present restroom configuration options, including but not limited to:
Single-user/all-gender restroom stalls
ies
b. The DB team shall evaluate each option in terms of code compliance, ADA accessibility, operation efficiency, maintenance considerations, safety, construction feasibility within the existing building footprint, lifecycle costs, and community usability. The analysis shall also consider fixture count requirements, circulation, privacy, security, and potential impacts to utilities and building systems.
The DB Team shall present the findings and recommended approach to the City, including concept layouts, cost implications, and operational considerations, to assist the City in determining the most appropriate restroom configuration for the Cabrillo Park facility and the surrounding community. The final configuration shall be determined in coordination with the City prior to advancing into final design.
EXHIBIT 1
SCOPE OF SERVICES
CITY OF SANTA ANA
B. EXISTING DRAWINGS. The Design-Build team shall be responsible for conducting field verification, investigations, and necessary documentation to confirm existing conditions and utilities required to complete the design and construction of the project.
C. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall management and coordination for the project, which includes, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. Prepare progress reports and schedule, secure permits for all field studies and any other required permits from other agencies. Other agencies include, but are not limited to PWA/Park Maintenance Division and Planning & Building Agency.
D. RECORDS RESEARCH. Research all information pertinent to the project including, but not limited to existing field conditions, as-built/ record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected firm shall identify all existing and proposed facilities within the projects limits and highlight any potential conflicts.
E. UTILITY COORDINATION
a. General: The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with SCE for any electrical service connections, water service connections for restroom fixtures, irrigation and sewer connections for toilet, sink and floor drains. b. Electrical: The existing restroom building currently houses lighting control panels and an electric meter which provides service for the building and park lighting. c. Sewer: Consultant shall review the sewer coverage requirement conduct survey, per Section F, to determine existing invert elevations at point of connection, and adequacy of existing sewer line flow.
This information, along with as-built drawings will determine building elevation and affect final site plan.
F. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the project background, site layout, potential elements and issues, park maintenance standards (a preliminary list is included as an attachment to this RFP Scope of Work), project schedule, and review of existing information.
The Consultant shall provide the design, construction, and delivery of renovated restrooms and concession stand, including coordination to ensure conformance with project requirements.
G. SURVEY. On-the-ground field topographical survey work is required for the Consultant Subconsultant) to identify existing horizontal and vertical features, and sewer elevations needed for the project.
H. CIVIL ENGINEERING PLANS. The consultant shall be responsible for the preparation of any civil engineering plans required for this project including, but not limited to, the following; Horizontal and Vertical Control plan, On-site Grading and Drainage plan and Site Utility Plan. These plans should identify and address building elevations, utility connections, sewer flow, grade issues, and matching existing site conditions. Plans shall be reviewed and approved by CSA prior to implementation of work. Engineering design shall be compatible and Provisions for Public Works Construction.
I. SITE, LANDSCAPE AND IRRIGATION PLANS. Site improvements around perimeter shall be coordinated with civil engineering plans, which reflect survey information. The consultant shall be responsible for the preparation of any landscape architectural plans relating these site improvements including, the following; concrete hardscape (replacement of cracked and damaged concrete panels in surrounding restroom area to ensure ADA pathway requirements are met), landscape (as applies), irrigation modifications (as applies), Consultant shall ensure grade changes meet ADA requirements but at same time, strive to design layout which minimizes ramping and handrails. Plans shall be reviewed and approved by CSA prior to implementation of work.
CITY OF SANTA ANA
J. ELECTRICAL PLANS. The consultant shall be responsible for the preparation of any electrical plans required for this project including, but not limited to, the following; incorporation of SCE design, electrical panel upgrades, relocation of existing panels, controllers, switchgear, etc.
K. FINAL PLANS The Consultant shall submit final signed plans and calculations as electronic files (CADD and .pdf) for CSA review and approval and then submit to planning and building department.
Phase II Construction Services will include, but not limited to:
Following completion of Phase 1 services and upon written authorization from the City, the Design-Build (DB) Team shall proceed with Phase 2 Final Design and Construction. During this phase, the DB Team shall work collaboratively with the City to finalize the design, establish the construction scope, and develop a Guaranteed Maximum Price (GMP) or negotiated construction price, as determined by the City.
A key objective of Phase 2 will be to identify and implement the most cost-effective construction approach necessary to renovate the existing restroom and concession facilities so that they meet all applicable building codes, accessibility requirements under the Americans with Disabilities Act (ADA), and other regulatory requirements. The DB Team shall work with the City to evaluate design options, construction methods, and scope alternatives to determine the minimum construction investment necessary to achieve full code and ADA compliance while maintaining functionality, durability, and safety of the facility.
As part of this process, the DB Team shall prepare detailed construction cost estimates and cost analyses to support decision- making. The DB Team shall also develop and submit a comprehensive Schedule of Values (SOV) identifying and itemizing the projected construction costs associated with the project. At a minimum, the Schedule of Values shall include cost breakdowns for major construction components, including but not limited to:
L. SCHEDULE OF VALUES:
a.
Item Description Qty Unit Unit Price Amount
Demolition
1 Asbestos Abatement 1 LS $ $
2 Remove flooring 1 LS $ $
3 Remove walls 1 LS $ $
4 Remove doors 1 LS $ $
5 Remove restroom appliances 1 LS $ $
Concrete (Interior)
6 Saw cut concrete slab (Restroom
building)
4200 SF $ $
7 New concrete slab (Restroom
building)
4200 SF $ $
CITY OF SANTA ANA
Item Description Qty Unit Unit Price Amount
8 Saw cut concrete slab (Concession
building)
5,260 SF
9 New concrete slab (Concession
building)
5,250 SF
Metal
10 Framing 1 LS $ $
Rough Carpentry/Framing
11 Rough carpentry 1 LS $ $
Thermal and Moisture Protection
12 Wall insulation 1 LS $ $
Doors & Windows
13 Doors 1 LS $ $
14 Windows 1 LS $ $
Finishes
15 Drywall partitions 1 LS $ $
16 Drywall ceiling finish 1 LS $ $
17 Flooring finishes 1 LS $ $
18 Paint 1 LS $ $
Specialties
19 Restroom Accessories 1 LS $ $
Plumbing
20 Water Closets 1 LS $ $
21 Lav sinks 1 LS $ $
22 Rough piping 1 LS $ $
CITY OF SANTA ANA
Item Description Qty Unit Unit Price Amount
23 Waste line 1 LS $ $
24 Vent line 1 LS $ $
25 Plumbing demo/cap 1 LS $ $
HVAC
26 HVAC Improvements 1 LS $ $
Electrical
27 Power 1 LS $ $
28 New lighting 1 LS $ $
29 Demo existing electrical 1 LS $ $
Site work Improvements
30 Landscape 1 LS $ $
31 Irrigation 1 LS $ $
32 Concrete sidewalk improvements 4275 SF $ $
M. CONSTRUCTION: SELECTIVE DEMOLITION, RENOVATION, SITE WORK, AND UTILITY CONNECTION
a. Consultant is responsible for a design-build project, to deliver a set of renovated restrooms and concession building as described in this scope of Work, which includes selective demolition, site work, utility work, utility connections, and final site work.
b. Construction schedule shall minimize park facilities closure. c. Consultant to provide temporary fencing around the area of work, taking care to ensure that there are accessible path of travel(s) from the parking lot to park equipment and sport courts for public use. The Consultant shall prepare a fencing layout and plan identifying fence locations, limits, and general configuration in accordance with project requirements.
d. Consultant shall provide site security cameras after working hours while the project is actively under construction, ensuring a physical presence 24/7 while sites are in transition. e. Consultant shall provide temporary portable restrooms, including handwashing stations, for the public, while restroom facilities are closed for use. Portable restrooms are to receive routine maintenance as required to be acceptable for public use, at a minimum 3 days a week. Portable restrooms shall be accessible to the public throughout the duration of the project.
f. The Consultant shall prepare and deliver to the City the final as-built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field-marked prints to
CITY OF SANTA ANA
Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City.
g. Work will be subject to regular PWA inspections.
h. Commissioning, testing, and project close-out.
N. COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIRMENTS The consultant shall be responsible for adhering to the requirements of the CWA agreement between the City of Santa Ana and Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions. Refer to Exhibit IV: Community Workforce Agreement for the full agreement details.
PAYMENT AND INVOICING:
Phase 1- Design
The City will compensate the Design-Build (DB) Team for Phase 1 Preconstruction and Design Services on a cost-reimbursable basis with a Not-to-Exceed (NTE) amount, as negotiated and approved by the City. Phase 1 services shall include, but are not limited to, project management, site investigations, utility verification, architectural and engineering design, preparation of plans and specifications, constructability reviews, cost estimating, development of design alternatives, and preparation of a proposed Guaranteed Maximum Price (GMP) and Schedule of Values (SOV) for Phase 2 construction services.The DB Team shall submit monthly invoices documenting actual labor hours, billing rates, subconsultant costs, and reimbursable expenses incurred during the performance of Phase 1 services. Compensation shall include a negotiated Design-Builder fee or markup, as approved by the City. Total compensation for Phase 1 services shall not exceed the authorized Not-to-Exceed amount unless otherwise approved in writing by the City.
Phase 2 Final Design and Construction Services
Upon completion of Phase 1 services and upon written authorization from the City, the DB Team may proceed with Phase 2 Final Design and Construction Services.
Prior to commencing construction, the DB Team shall submit a Guaranteed Maximum Price (GMP) proposal to the City for review and approval. The GMP shall include all costs necessary to complete the project, including but not limited to labor, materials, equipment, subcontractor costs, general conditions, overhead, profit, allowances, contingencies, and all other costs associated with completion of the Work.
The GMP proposal shall include a detailed Schedule of Values (SOV) identifying and itemizing construction costs by major project components. The Schedule of Values shall be organized in sufficient detail to allow the City to evaluate the cost of individual work elements and monitor construction progress.
Upon approval of the GMP by the City, payments for Phase 2 construction services shall be made on a monthly progress payment basis, based on the percentage of work completed for each item in the approved Schedule of Values.
The City shall retain statutory retention from each progress payment in accordance with applicable California Public Contract Code requirements.
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.
Provide city standard plans and specifications
Provide access to existing building, as requested by consultant.
Furnish scope of work and provide general direction as needed for the assigned project.
All plan check coordination within the City
Facilitate meeting space and coordination and City facilities
CONSULTANT RESPONSIBILITIES:
CITY OF SANTA ANA
All work as described under Consultant Services (Section A-K), General Requirements and Payment & Invoicing.
Provide Bonds and Insurance as outlined in Attachment of this RFP.
Submit renewal of Certificate of Insurance 30 days before expiring.
Ensure Certificate of Insurance is current when submitting invoices.
EXHIBIT B
Price ProposalSpreadsheet
DESIGN BUILDER/CONTRACTOR NAME:
REF NO. TRADE DESCRIPTION
LUMP SUM BASE
PRICE TOTAL ($)
00GENERAL CONDITIONS, OH & FEE
00.1General Expenses $
00.2Supervision, Fringes, Taxes & Surcharges
00.3Performance & Payment Bond
00.4Insurance
00.5All-Risk Builder's Risk Insurance
00.6Fee
00.7Other:
Subtotal: $ -
01GENERAL REQUIREMENTS
01.1Design Fee (Phase 1) $
01.2Testing and Inspection
01.3Allowances
01.4Commissioning
01.5Water Quality Management Plan
01.6Mobilization
01.7Temporary Facilities/Fencing
01.8Off Site Staging
01.9Hoist Facilities
01.10Temporary Utilities
01.11Cleaning
01.12Protection & Safety
01.13Demobilization
01.14Other:
Subtotal: $ -
03CONCRETE
03.1Cast in Place Concrete $
03.2Architectural Concrete
03.3Precast Architectural Concrete
03.4Other:
Subtotal: $ -
04MASONRY
04.1Unit Masonry $
04.2Brick Veneer Masonry
Subtotal: $ -
Price ProposalSpreadsheet
06WOOD, PLASTICS, AND COMPOSITES
06.1Miscellaneous Carpentry $
06.2Sheathing
06.3Other:
Subtotal: $ -
07THERMAL AND MOISTURE PROTECTION
07.1Thermal Insulation $
07.2Roofing
07.3Sheet Metal Flashing and Trim
07.4Roof Accessories
07.5Joint Sealants
07.6Other:
Subtotal: $ -
08OPENINGS
08.1Doors Frames and Hardware
08.2Windows
$ 08.3 Other:
Subtotal:
$ -
Price ProposalSpreadsheet
09 FINISHES09.1Gypsum Board Assemblies $
09.2Non-Structural Metal Framing
09.3Portland Cement Plastering
09.4 Tiling
09.5Acoustical Panel Ceilings
09.6Flooring
09.7Interior Painting
09.8High-Performance Coatings
09.9Other:
Subtotal: $ -
10SPECIALTIES
10.1Signage $
10.2Toilet Compartments
10.3Operable Partitions
10.4Wall and Door Protection
10.5Toilet Accessories
10.6Fire Protection Specialties
10.7Other:
Subtotal: $ -
11 FURNISHINGS
11.1 Casework $
Subtotal: $ -
22 PLUMBING
22.1 Plumbing $
Subtotal: $ -
23HEATING VENTILATING AND AIR CONDITIONING
23.1Common Work Results for HVAC $
23.2Testing, Adjusting, and Balancing for HVAC
23.3Commissioning of HVAC
23.4Instrumentation and Controls
Subtotal: $ -
26ELECTRICAL
26.1General Electrical $
26.2Solar panels inverters transfer switches
26.3Interior Lighting
26.4Exterior Lighting
26.5Other:
Subtotal: $ -
Price ProposalSpreadsheet
32 EXTERIOR IMPROVEMENTS
32.1 Concrete walkway
$ 32.2 Concrete Planter improvements32.3 North CMU Wall Renovation32.8 Other:
Subtotal:
$ 33 UTILITIES
33.1 Utility Connections $
33.6 Other:
Subtotal: $ Notes: The purpose of Allowance line items is to accommodate scope beyond the minimum requirements described in the RFP. As all Respondents are asked to carry the same allowance values, the inclusion of allowances will have no impact on price competitiveness among the Respondents. Allowances are to be implemented using the following concepts:
During project execution, the expenditure of Allowances is solely at discretion; As established, Allowances are intended as -to- budgets for each scope item; Additional funds required for unanticipated or expanded scope for Allowance-related items may be covered under Change Order provisions, at discretion; Once scope is better defined, the DBE will be required to estimate for and then document actual costs incurred for Allowance items; Only actual cost expended, including fee for overhead and profit, for Allowances will be reimbursed to the DBE; At the completion of the project, any remaining allowances belongs to city of Santa Ana.
Total: $
EXHIBIT C
CITY OF SANTA ANA
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub- contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate.
Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. (WC). As req
Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.
4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Professional Liability (Errors & Omissions)(PL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds t of work operations
performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor.
Additional insured
2. For any claims related to this project, Contractor insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance EXHIBIT 3
INSURANCE REQUIREMENTS
CITY OF SANTA ANA
or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
3. A severability of interest provision must appl
insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers by virtue of the ies. Contractor agrees to obtain any
endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub- contractors.
Verification of Coverage
CITY OF SANTA ANA
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive e them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub- contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
PWA 06_Exh 1 Agreement (27-6004) - A's
Construction (CAO 8.26.26)(2223720.1)
Final Audit Report 2026-08-31
Created: 2026-08-31
By: Skylar Wilk ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAnQ0mj02Bxqqs74rMohEEKUB5eqx34IqW "PWA 06_Exh 1 Agreement (27-6004) - A's Construction (CAO 8 .26.26)(2223720.1)" History
Document created by Skylar Wilk ([email protected])
2026-08-31 - 8:47:58 PM GMT
Document emailed to Rudy Rosas ([email protected]) for signature 2026-08-31 - 8:48:06 PM GMT
Email viewed by Rudy Rosas ([email protected])
2026-08-31 - 8:54:41 PM GMT
Signer Rudy Rosas ([email protected]) entered name at signing as Rodolfo Rosas 2026-08-31 - 9:04:27 PM GMT
Document e-signed by Rodolfo Rosas ([email protected]) Signature Date: 2026-08-31 - 9:04:29 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Agreement completed.
2026-08-31 - 9:04:29 PM GMT