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HomeMy WebLinkAbout25H - AGMT SPACE PLANNING AND IMPLEMENTATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AGREEMENT WITH CULVER- NEWLIN/MCMAHAN BUSINESS INTERIORS FOR SPACE PLANNING AND IMPLEMENTATION FOR THE PUBLIC WORKS AGENCY (STRATEGIC PLAN NO. 7, 6) CITY M AGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Culver- Newlin/McMahan Business Interiors, for the one-year term beginning June 21, 2017, through June 20, 2018, to provide Space Planning and Implementation services for the Public Works Agency City Yard offices, in an amount not to exceed $159,000, including a 15 percent contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Reject the sole bid for Space Planning and Implementation services for the Public Works Ross Annex offices and reissue a new Request for Proposals for the same service. The Public Works Agency Administrative Services Division is nearing completion of a reorganization plan that began implemented in FY 15/16. The reorganization included four new staff members and two contract employees for Capital Improvement Program project management and GIS Program implementation. The FY 17/18 Budget proposes two additional administrative support staff members (one part-time and one full-time). The ideal location for these employees is on the same floor with the Administrative Services Division. To provide adequate office and work areas, the reconfiguration of approximately 3,423 square feet of office space is needed to create and/or repurpose six enclosed offices, and add six cubicle workspaces to accommodate new and relocated staff, and to reconfigure the Executive Director's office. The Water Resources and Maintenance Services divisions are also looking to maximize workspace at the City Yard Public Works Administration Building. These plans include redesigning approximately 1,500 square feet on the first floor to accommodate 20 cubicle workspaces and 500 square feet on the second floor for up to 9 cubicle workspaces. On May 9, 2017, staff issued a Request for Proposals (RFP) (Exhibit 1) for Space Planning Services on the City's website. The Scope of Work included separate Planning and Design, and furniture procurement and installation for the Ross Annex and City Yard locations. Ten firms attended the 25H-1 Agreement with Culver-Newlin/McMahan Business Interiors for Space Planning & Implementation Services June 20, 2017 Page 2 mandatory job walk on May 15, 2017. Proposals were due on May 31, 2017, and 1 proposal was received from Culver-Newlin/McMahan Business Interiors (Exhibit 2). The proposal was evaluated and received a score of 89.8 from a review committee comprised of staff from the City's Public Works and Finance & Management (Building Maintenance) agencies. The rating criteria included relevant project experience, implementation schedule, firm and team experience, understanding of the scope of work, references, and fee. For the City Yard location, staff recommends entering into a one-year agreement with Culver -Newlin/ McMahan Business Interiors for Space Planning and Implementation services, in the amount of $138,228.50, plus a 15 percent contingency of $23,771.50, for a total not -to -exceed amount of $159,000 (Exhibit 3). This award is based on the firm's experience with similar work, understanding of the project scope, and the proposed fee and delivery schedules. For the Ross Annex location, staff recommends rejecting the sole bid and reissuing the RFP. This scope of work for the Ross Annex location is more extensive than the City Yard project and involves reconfiguration of existing office space. It is anticipated that a new bid will result in more participation and more competitive pricing. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $159,000 are available in the Public Works Admin Services Contract Services - Professional account (No. 10117601-62300) for encumbrance in FY 2016/17 and expenditure in FY 2017/18. XreMouslvli�pou=r�� Executive Director Public Works Agency 3L/1&I>ITIA APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Request for Proposals (RFP 17-057) 2. Culver -Newlin Proposal for City Yard Location 3. Agreement 25H-2 REQUEST FOR PROPOSALS (RFP) FOR SPACE PLANNING SERVICES RFP NO.: 17-057 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Margaret Mercer Project Manager (714) 647-5050 Office mmercera,santa-ana.org KEY RFP DATES (Subiect to change at discretion of City): Issue Date: Letter of Intent: Mandatory Pre -Proposal Job Walk Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Tuesday, May 9, 2017 Sunday, May 14, 2017 Monday, May 15, 2017; 2:00 p.m. Wednesday, May 17, 2017 Tuesday, May 23, 2017; noon Tuesday, June 6, 2017 Exhibit 1 25H-3 Fred Mousavipour Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Space Planning Services. Responses to this Request for Proposals (RFP) will be accepted until Tuesday, May 23, 2017 at noon. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR SPACE PLANNING SERVICES RFP NO. 17-057 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Margaret Mercer Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 MANDATORY PRE -PROPOSAL JOB WALK A mandatory pre -proposal job walk is scheduled for this contract as follows: • Monday, May 15, 2017 at 2:00 p.m. City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Meet in Lobby near Public Works Counter. The job walls will include a discussion of the project, an overview of the City's expectations of the awarded contractor, and an opportunity for prospective proposers to view the job site and ask questions of City staff on any matter in the RFP. Questions and answers deemed to be of interest to all prospective proposers will become addenda posted on the City's bid management and publications website. It is the proposers' responsibility to check the site for that information and any other information pertinent to the RFP. City will make every effort to post the questions and answers within two (2) business days of the job walk. Proposers' operation/field supervisors are strongly encouraged to attend the job walk. Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. City of Santa Ana RFP 17-057 25HL4 All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa- ana.ore/bids-rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT - Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information: 1. Use formal company letterhead. 2. Indication of company interest in the RFP. 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information. City of S�14a. � 17-057 TABLE OF CONTENTS INTRODUCTION /PROJECT DESCRIPTION 11. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING 1. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS TV. PROPOSAL REVIEW (CONSULTANT SELECTION ATTACHMENT I: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-057 2 5H'=6 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICETOPROCEED VII. PUBLIC RECORDS VIII. APPENDIX ATTACHMENT I: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-057 2 5H'=6 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking space planning services for a portion of the Ross Annex 4ch Floor, and portions of the City Yard Administration Building 1" and 2"d Floors. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Four (4) hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x I7". Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 15% • Understanding of Need 15% • Relevant Project Experience 20% a Schedule 20% • References 15% • Fee* 15% * Fee is a weighted consideration for award. However, it is not the only consideration. The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Prevailing ge: The Director of Industrial Relations has determined that labor services performed on proiects under this contract are subiect to prevailing wage. • No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid proposes only under Labor Code section 1771.7 (a)] • Under the provisions of SB854 the City of Santa Ana may not accept a bid from, or enter into a contract for any public work with any contractor not currently registered with the DIR. For additional information visit the Department of Industrial Relations website at www.dir.ca.goy/ptiblie-works/Contr,,ictors. City of Santa No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This contract/project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. City of Santa Ana RFP 17-057 P26H'8 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar dUss prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa-ana.ora/bids-rfps as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. City of Santa G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: Santa-ana.ore/bids-rfns. H. PRE -PROPOSAL MEETING Should a pre -proposal be scheduled, the date, time and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 1 I-1 M. SUBMITTAL REQUIREMENTS FW- 00eI"L7•\i 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 1, STATEMENT OF QUALIFICATIONS a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understandine of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, �PA17A 57 year completed, client name, along with a person to contact and their telephone number. f. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. FEE PROPOSAL: The fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. of Santa Ana RFP 1 2OH-1 V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. ICCK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. For "On -Call" contracts, Consultant will be notified by individual City Project Managers on a case-by-case basis to request project/task specific proposals. Written NTPs will be then issued accordingly. VILPUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Appendix ATTACHMENTI SCOPE OF WORI{ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPACE PLANNING RFP NO.: 17-057 Introduction and Background: The City of Santa Ana Public Works Agency requests proposals for office space planning, design, and furniture procurement services in order to reconfigure current office space to meet the business objectives of the Department. Description of Work: The Public Works Agency is seeking a space planning professional to provide space design and furniture procurement services in order to reconfigure an area of approximately 3,680 square feet located on the 0 floor of the Ross Annex. The goal is to include nine (9) enclosed offices, one enclosed conference room and 8 cubicles to maximize the current workstation layout efficiency. In addition the same services are required for an area of approximately 2,000 square feet located in the PWA Administration building located at 220 S. Daisy Street. (First floor is approximately 1,500 square feet and will require twenty (20) cubicles, second floor is approximately 500 square feet and will require conversion from four to six cubicles, with the potential of converting an additional office to three (3) cubicles). The project is to include planning and design, furniture procurement and installation. One proposal for all services is required. Phase I - Planning and Design Basic design services shall include the following responsibilities and deliverables at a minimum, and any additional responsibilities reasonably necessary and customarily provided by design and space planning professionals. • Meet with City staff as needed for space requirements and project coordination. • Assess the selected area to determine the most favorable office space configuration to achieve or exceed the proposed goals, • Make suggestions for any other changes to the use of space that the Department should consider but has not yet identified. • Evaluate and include existing furniture systems and other existing office furnishings in the new space design, where practical. • Develop design and drawings for the floor plan and office layout, and furniture specifications including cost estimates and timelines. Phase II — Furniture Procurement and Installation • Procure furniture that is equivalent to the current standards utilized by the Department. • Ensure furniture is delivered and installed in-line with the approved floor plan and in coordination with approved timelines. • Compile a notebook of all product and furniture warranty information and where necessary, file the appropriate documents to ensure all warranties are activated. City of Santa Ana RFP 25HA- '4 Please include in your pricing structure the following: space planning, hourly rate, cost of furniture, construction, delivery, and installation. Addition/Alternate Pricine Power distribution, telephone, and network wiring is to be separately priced, and to be completed as turn -key. City of Santa Ana RFP 2P9-1 U Appendix ATTACHWNT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2017 by and between '(hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant 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 Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $ in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) yearterm with the option for the City to grant up to a number (g) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City of Santa Ana RFP Page A2-3 25H-16 4. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 5. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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 provided to Consultant 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Consultant's operations in the performance of this Agreement, 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for City of Santa Ana RFP Pa a A2-4 25 -17 owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to City of Santa Ana RFP Page A2-5 25H-18 all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant 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 Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement. 10, CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 its 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. City of Santa Ana RFP Pa a A2-6 25i-19 12. DISCREMNATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant 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 Consultant 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. City of Santa Ana RFP Page A2-7 25H-20 16. 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. 17. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 18. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage (%) of total services completed. X. Remaining Overall and Task Order budget available Er`�u [�Y�l� �11:�►1 uL117F ' : � %�yZ17► a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City of Santa Ana RFP Page A2_8 25-21 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: Cleric of the City Council 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: Fred Mousavipour Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-5635 Fax: 714- 647-6515 To Consultant: Title Consultant Firm Name Address City, State, Zip Fax: 949-477-4102 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. City of Santa Ana RFP Page A2-9 25H-22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Robert Cortez Deputy City Manager CONSULTANT: (name) (title) Tax IN City of Santa Ana RFP Page A2-10 25H-23 I0 1,lli vi". SCOPE OF SERVICES 17-057 i I :0 COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation may include a line item for the cost from the Fee Proposal, followed by a line item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be transferred to the front page of the contract. 7-057 EXHIBIT C CERTIFICATIONS C-1 through C-3 City of Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 17-057 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 malting 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 malting 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 `Vair-yA Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABHATY REVIEW The undersigned consultant or corporate officer, 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 V9111-YA 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 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: City of Santa Ana RFP 17-057 May 30, 2017 RFP NO.: 17-057 Culver Newlin is pleased to present this proposal to the City of Santa Ana for the Public Works project. We at Culver Newlin\McMahan Business Interiors have been doing business with the city for over 20 years and pride ourselves on handling any scope of job with the highest professionalism. For this project, our team has covered the space planning for the private offices, conference rooms, cubicles and build outs as well as ensuring that all products specified are of the highest quality, American made, and commercially rated. Our lead for your project is Lee -Ann Harvey. She has worked with your city for 17 years and has built a solid reputation on her project management and hard work for Santa Ana. Enclosed is all the information as requested for RFP NO.: 17-057 Martin Schlom, President Exhibit 2 520 E. Rincon St, Ste 102. Corona, CA, 92879 949-579-0123 25H-31 May 30, 2017 RFP NO.: 17-057 Statement of Qualifications: We at Culver Newlin have assembled this proposal based on the information in the bid package. The space planning and furniture has been laid out to best maximize the office areas for your employees. For the construction aspect of this project, Tim Marquis of Marquis Construction, Inc., will need to meet with each department to ensure layouts and expectations are covered. The construction pricing is separate from the furniture for insurance and legal specifications and will require their own purchase order. All other areas are covered. Culver Newlin/McMahan Business Interiors has Lee -Ann Harvey as the lead on this project and she will be coordinating with Margaret Mercer the time frames and expectations for installs and completion of the project from day one. Lee -Ann has been in the commercial furniture industry for 18 years and excels in all areas of the job. She has had extensive experience with local city and government agencies including many projects with your city as well as Costa Mesa, Newport Beach, Newport Police Department, OC Sheriffs and OC Probation Department. The installer for the furniture is First Choice out of Costa Mesa. They will be working with Lee -Ann to ensure a smooth and hassle free install. They have worked with Lee -Ann on a majority of her projects and are highly professional and efficient. For the construction side, Tim Marquis of Marquis Construction Inc., will be coordinating those aspects of the project. Marquis Construction has handled Lee -Ann's construction projects at the City of Costa Mesa, Newport Beach and Newport Police Department and does a thorough job. If awarded this project, our scope of work will start with another job walk to confirm measurements and assess needs for the different areas and sites. Architectural drawings will need to be done to ensure construction work, sprinklers, HVAC, electrical, data/phone drops, etc. will be done correctly through Marquis Construction Inc. Permits will then need to be pulled prior to work being started. All aspects of construction and furniture teardowns and installs will be scheduled ahead of time to allow for staff to be relocated as needed. Communication will be key between the contractor, Lee -Ann and the City to ensure a smooth transition. Construction will take about 6 weeks to complete and the furniture lead time is 5-6 520 E. Rincon St, Ste 102. Corona, CA. 92879 949-579-0123 25H-32 weeks. There could be fees accrued if delays are due to end user or unseen issues with construction once inside the area. All pricing is based on specs covered in the Bid. Culver Newlin has worked with local governments, schools and commercial clients for over 50 years. We pride ourselves on being at the top of our industry in California. Below are projects that we have completed in the last 5 years as well as references from those projects. All of these clients have worked with Culver Newlin\McMahan Business Interiors for over 15 years. OC Sheriff Department -Mindy Brawner 714-935-7685. In the last 5 years we have completed numerous projects with the Sheriffs Department including redoing the first and second floor at OC Sheriff HQ at 550 N. Flower St, Santa Ana. This included all new stations, private offices, reconfiguring, space planning and seating. City of Costa Mesa 77 Fair Dr, Costa Mesa. Silvia Kennerson 724-754-5023. Steve Ely 714- 754-5154. We have completed projects on every floor at City Hall as well as offsite locations. Projects ranging from ergonomic assessments, new stations, private offices, space planning, reconfigurations, moving, etc. We have numerous projects in the works with them currently including two that are similar to this RFP. One project for new offices and layouts was just completed 3 weeks ago for Bart Mejia 714-754-5291. Newport Police Department 870 Santa Barbara Dr, Newport Beach. Lisa Newman 9490-644- 3655. Projects with the police department have included creating new offices, cubicles, space planning, reconfigurations, window coverings, seating, private offices, etc. We have worked with them for over 15 years and have on going work with them currently. 520 E. Rincon St, Ste 102. Corona, CA. 92879 949-579-0123 25H-33 SKILLS I am outgoing and confident, SALES MANAGER\DESIGN • CULVER NEWLIN • FEB 2014- CURRENT good under pressure, and Develop and grow client base in commercial and school sectors. quick on my feet. Design and space planning, incorporating color and function to Multitasking is second nature exceed customer expectations. Oversee up to 15 projects at a time for me, along with working from initial meetings to installations and final job walks. Work well with all personalities. My within end user budgets and deadlines with 98% success rate. communication skills, Built relationships with accounts which resulted in 90% of repeat dedication to hard work and business and referrals from those clients. integrity, with a passion for people and life, are assets I take pride in. MANAGER • TUTTO FRESCO • OCT 2014 - JUNE 2016 Responsibilities included training new servers in food service and fine wine, opening/closing the restaurant, ordering and inventory of alcohol, and working with kitchen and busing staff. Served customers, ensuring a fine dining experience and exceeding their expectations, resulting in repeat visits. Average of 25% tips on my sales. Handled issues with customers and staff, dealing fairly, with integrity, all situations. Balancing the cash and safe daily. U LEEANNAMARVEMGMAILCOM SHOWROOM SALES MANAGER - MCMAHAN BUSINESS INTERIORS - MAY 2000 -FEB 2014 Manage large showroom, hire and train sales people in office furniture and design, organize and maintain product library. Maintain key relationships with factories for deeper discounts. Consistent sales of $150,000 plus a month. Project manager on job sites, working with installers, contractors, and end users making sure that all parties were happy with the final project. Kept the showroom product and accessories up to date style wise and covering all price points. Worked well with all walks of people 949-279-1601 III. KrrP6;//W W W.LINNEOIN.COM/1 N/LEE-ANNMARVEK66622717/ Ml LEEANN.R.HARVEYOGM AIL.COM and challenging budgets and expectations. Based my interactions, training and selling on the 3 "I's"- Integrity, intensity, and intimacy, which grew my sales as well as built lasting relationships with clients, factories, and employees that have grown over the last 18 years. Encouraged team work between my sales people, customer service department, delivery department, ect. Created a fun, energetic work environment which in turn boosted productivity and sales. EDUCATION BUSINESS MANAGEMENT • 1990 • JLA AUSTRALIA Business course in Brisbane, Australia. PROFESSIONAL REFERENCES AVAILABLE ON REQUEST 0 949-279-1601 2 25H-35 in HTTPSV/W W W.LINREDI N.COM/IN/LEE-ANN- HARVEY-58622717/ Q° synchrony FINANCIAL To Whom It May Concern: lose L Castillo Facilities Manager 2995 Red H91 Avenue, Suite 100 Costa Mesa, CA 92626 7144344111 lose.Lcasnllo@nnchronylmanoal corn It is my pleasure to recommend 1st Choice Modular as your future furniture management services provider. During the past couple of years, I have worked directly with George Ayala, President of 1st Choice Modular, and Robert Chacon, Business Development Manager, on numerous reconfiguration projects.1st Choice provides exceptional service and rates and has an extensive selection of the best quality furniture for every need. A recent project illustrates 1st Choice's attention to detail and concern for service excellence. During a sizeable restack being phased to take place over several months on weekends, 1st Choice not only coordinated every last detail with all furniture associated (data, electrical, etc,) vendors, but ensured that there was no employee disruption when employees returned to work. Employees commented on how seamless the work flowed and how impressed they were with the cleanliness and accuracy of the installation. From a Facility Management perspective I am thankful for the management assistance and expertise that 1st Choice brought to the table. Please consider 1st Choice Modular for all your furniture management service needs. I recommend them and look forward to working with them again. Sincerely,, liVLe l /'/'-ao Jose L. Castillo Facilities Manager Synchrony Financial (formerly GE Capital) T: 714-434-4111 M: 714-936-6393 E: Jose.l.castillo@synchronyfinancial.com 2995 Red Hill Avenue, Suite 100 Costa Mesa, CA 192626, U.S, Engage with us. 25H-36 6,9WORiLDAPOKERToURI May 23, 2011 I" Choice Modular Installation 1312 E. Saint Gertrude Place Santa Ana, CA 92705 Attn.: Robert Chacon, Project Manager Dear Robert and the IS1 Choice Team: I wanted to thank you for all you and your team have done for World PokerTour. We appreciate the help and insight you gave its during one of our most difficult times — an office move to a different city. The l" Choice team operated so smoothly that it enabled us to avoid disruptions to our ongoing business during the move. Specifically, we value that I" Choice is an all -in -one service. WPT needed help acquiring furniture, moving existing furniture, and disposing of old furniture. It was extremely beneficial to get our multitude of needs met at one company that was already familiar with our goals and operations. Further, we found your insight refreshing and useful. From furniture purchases to color choices and creative problem solving, I` Choice was ready and able to provide input. It is obvious that your team has a lot of experience which aids in space planning, choosing the right materials and solving problems that inevitably arise in a move. I appreciated, that you contacted me almost daily for a few months to ensure we were on the same page. You took the time to make the long drive to our office on a handful of occasions to show me the paperwork and design choices in person to confirm our prior discussions. During the move, your team was very professional and cooperative with each building's property managers. After the move, your team continued to be amicable and go beyond the call of duty to accommodate us. Most importantly, the services provided by l" Choice were always affordable. 1 never felt as if WPT was being taken advantage of. The prices for all services performed by l" Choice were fair and reasonable. In addition, because your company met all of our deadlines, it helped us to save money in the long run. I would recommend your team to any company that is in need of your services. Please feel free to use me as a reference in the future. Sincerely, 6� Allison Hushek Associate General Counsel 1920 Main Street, Suite 1150 Irvine, CA 92614 25H-37 www. W orldPokerTour,mrn 949.225.2600 F: 949.225.2602 3215 NORTH ALAMEDA SUITE A COMFTON, CA 90222' (310) 223-1766 OFFICE' (310) 2231767 FAX >>>»>>>>>>»»»»»»»»»»>>>>>»»»»»>»»»>»»>»»>»»»»»>»»>»»»»>»» February 10, 2009 1st Choice Modular Installation 1312 E. Saint Gertrude Place Santa Ana, CA 92705 To Whom It May Concern Various Technical Professions Inc., a floor covering corporation, located in Compton, CA has enjoyed an eighteen (18) plus year business relationship with 15` Choice Modular Installation. 15t Choice is very reliable and professional. We have joint ventured on numerous contracts with March and Edwards Air Force Base, various sites for The City of Los Angeles such as The Convention Center, City Hall, several Police and Fire Stations, and the Entire Personnel Building. In addition, we have worked together for The City of Compton, San Pedro, and Van Nuys, just to name a few. 15r Choice Modular has also sub -contracted with us in several school districts. We can truthfully say that when you make 1 st Choice your "first choice', they will be your last choice where modular furniture is concerned. As one of the owners of VTP, Inc., I (Willie Phillips), have no reservations whatsoever in highly recommending George and 151 Choice. Sincerely, Willie H. Phillips 25H-38 METRO ACIFIC MANAGEMENT FULL SERVICE ASSET MANAGEMENT A focused approach to REO solutions. October 21, 2008 George Ayala 1" Choice Modular Installation 1312 E. Saint Gertrude Place Santa Ana, CA. 92705 Re: Office relocation Workstation installation Hi George: Just a quick note to say ..... another job well done! 1st Choice has, completed four work orders for us over the past 6 months, and I wanted to take this opportunity to acknowledge the exceptional j ob your company has done. It is always a pleasure working with you and your staff. Customer satisfaction is clearly a top priority. Each job is handled in a professional manner; the work is always quality; and the job is completed on time! "1" Choice" has become our first choice .... and we look forward to working with you & Johnny again. Best regards, Metro Pacific Management, Inc. Janene White Vice President Operations 2300 East Katella Avenue, Suite 300 Anaheim, California 92806 877-300-9791 25H-39 May 30, 2017 RFP NO.: 17-057 Scope of Services and Schedules: Phase 1: Meet with Margaret Mercer with general contractor and employees in each area, including The City Yard, to ensure original layouts and specs are as needed. Measure all areas again. This should take 3-4 hours to cover both locations. Phase 2: Revise layouts of both sites if necessary from Phase 1 meeting. General Contractor may have other questions and changes as well from this meeting. Architectural drawings will need to be done and submitted to the city for "no fee" permits. GC will work with the city for these. Could take up to 4 weeks. Phase 3: Tear down stations on 4th floor where GC is going to build private offices. Station parts to be moved to site specified by City staff. Move Exec Director's furniture out along with conference room table, chairs, and credenza. To be stored in the building, location TBD. This should be completed in one day. Cover furniture in Exec Assnt office and 2 -person office where wall is being added with plastic. No need to move this furniture to construct walls. Tear down of existing furniture at the Yard and move to storage at the Yard -location TBD. Phase 4: GC will start his part of the project. Time frame is about 5-6 weeks. During this time, furniture will be ordered to ensure timely install and save on down time for employees. 25H-40 e z 1 11 L 1 I o 3� o �z 3 ti 3 fEDED I i _ — _ _ — 1 1 � 3� s, 1 1 1 — i a EDL 1 ,a a� � a .O AI — 11_ 2511 M ON N 7 4269 6268gggg ggg 4268 4268 p �co�y � JG d a�9° p p x n9° dflfl FA 3656BC _ _ 8926 Z4 p 197i 89Z6 � b .i O O flfl C3, dflfl oz ..s. 99Zv Za SRI 89Zv • AM ^°9 O 42°0 dflfl ILma 89Za A9 84Za 8929 0 0 nt O 0 5 R"i a F H C H F g q A A A w.. I i F e B a a , f ti � o e x 341 „4.91 v o y fA 8 ° c4 � �WyN Wax>f�U z . �a U.W-7 8U vNi ZbH- b t § k § 2 a! § § m t ( \ - o & # $ f) | § � / f § 4 ] $ � \w 0U k . » � § || ! � u § |, § k 2/( §mud §a m$�§ /§§8 ZbH- b C:uL-vEFZ-NawL'N FURNITURE FOR SCHOOLS & OFF I C E 5 May 12, 2017 Letter of Intent: RFP NO.: 17-057 Please accept this as notification that Culver Newlin is interested in the RFP 17- 057 for the City of Santa Ana Public Works project. We will monitor the City's web site for any changes or requirements on this project. Lee -Ann Harvey will be heading up the proposal for Public Works for Culver Newlin. Her cell phone is 949-279-1601. Her email is leeannh(aa,culver- newlin.com and our address is: Culver Newlin 520 E. Rincon St, Ste 102, Corona, CA. 92879. Thank you for the opportunity to work with you. Regards, LeeAnn Harvey 949-279-1601 520 E. Rincon Street, Ste. 102 • Corona, CA 92879 • Phone (949) 597-0123 • Fax (949) 855-9577 25H-46 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Cade Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,, submitted his or her bid price or any breakdown thereof, or the contents thereof; or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are captioned that mak a false certification may subject the certifier to criminal prosecution, Signed J�'4-- State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20� by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. yr_= Gem 1A 1Ac�ar10 Notary Public Signature Notary Public Seal City of Santa Ana RFP 17-057 Al2(47 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 6& day of Qo,\ .20V- , by Mox-�xn L. SLV2 DYYI T proved t me on the basis of satisfactory evidence to be the person ho appeared before me. BRITTNEY KLAGGE Notary Public - California Riverside County i i ' - • Commission # 2110040 = My Comm. Expires May 29. 2019 (Seal) Signature L 25H-48 Appendix ATTACHMENT 3-3: NON-DISCR /IINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 involved 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 City of Santa Ana RFP 17-057 2W49 9 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 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:^rew— G Title: r-{ r14e-J Firm: CIJ ;c.11oo I Qcl.i D Y�'Ic� 1 cl �T(oaJ �. c� h« Ckl ✓er— Pew Date: 5 /SO City of Santa Ana RFP 17-057 Pa e A4 7 25H-50 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sannlenlo Jose Solorio Sal Tinaiero Juan Villages CITY OF SANTA ANA 20 Civic Center Plaza - P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org May 18, 2017 ADDENDUM NO.1 REQUEST FOR PROPOSALS NO. 17.057 SPACE PLANNING SERVICES INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO. 17-067 — SPACE PLANNING SERVICES. This addendum shall become a part of the original Request for Proposal. 1. Cover Page: KEY RFP DATES Please note that the new Deadline for Requests for Information is Wednesday, May 24, 2017, at 12:00 p.m. 2. Cover Page: KEY RFP DATES Please note that the new Proposal Due Date is Wednesday, May 31, 2017, at 12:00 p.m. 3. Cover Page: KEY RFP DATES Please note that the new Projected Award Date is Tuesday, June 20, 2017. 4. Page A2-1: DESCRIPTION OF WORK Please replace the first paragraph to read as follows: `The Public Works Agency is seeking a space planning professional to provide space design, furniture procurement, and construction services in order to reconfigure the workspace on the 4th floor of the Ross Annex (Attachment 1). The project area is approximately 3,423 square feet (Attachment 2) and requires separate quotes for the following: a. Reconfigure an office and part of a conference room into 2 offices. (317 sq. ft.) b. Extend the Executive Director's office and provide new office fumiture suite to include a conference table with 6 to 8 chairs. (422 sq. ft.) c. Separation of an existing 2 -person office into 2 offices. (308 sq. ft.) d. Install 6 cubicles in the open space area. (1,716 sq, ft.) e. Create 4 offices from 4 existing cubicles. (660 sq. ft.) f. Repurpose existing furniture and provide new furniture where needed. SANTA ANA CITY COUNCIL MguelA Pulido &1U 16 Martinez VKenle Saon . Jose Solon P David aenavides Juan vJIN,ss Sal Tnaiero M.'ryor Mayo Pro Tem. Wsd 2 Yfard1 Ward Wa d Wool Wool meulido(aysnMaans ora mimidmez0s.nt. sora y6aRilienlono Fanla.ann.Wn �* QtlCtlay des(alsantroana ora Ly�lienac�snnta v,n oro Ona f9asanL- ,a,ora RFP No. 17-057 —Addendum No. 1 Space Planning Services May 18, 2017 Page 2 Professional space planning services are also being sought to implement existing space plans prepared for the 1 st floor (Attachment 3) and 2nd floor (Attachment 4) of the PWA Administration Building at the City Yard complex located at 220 S. Daisy Street. The City Yard project scope requires separate quotes for the following: g. 1st Floor— Reconfiguration of approximately 1,500 square feet of office space to accommodate 21 cubicles. h. 2nd Floor — Reconfiguration of a 3 -person office to a 6 -cubicle configuration (Room 213A). i. 2nd Floor — Reconfiguration of an office to accommodate 3 cubicles (Room 213B) j. 2nd Floor — Redesign an office with new furniture placement for a single workstation (Room 209)." 5. Page A2-2: ADDITION/ALTERNATE PRICING Please replace this section to read as follows: "The following items are to be separately priced and to be completed as tum -key: • Power distribution • A/C ductwork reorientation • Sprinkler reorientation • Carpet tiles, as needed (Requested Vendor. Tandus)" • Options for replacement chairs (Actual quantities to be determined before installation) CLARIFICATIONS FOR DESCRIPTION OF WORK (P. A2-1) • No refurbished materials are to be used for this project. • "No fee" permits are available through the City. Full-size plans are required for the permit process. • Project scope requires the selected contractor to prepare mechanical, plumbing, and electrical plans, as needed. • Contractor responsibility for electrical service terminates at base feeds and plugs. • Project design may include power poles. • Contractor to provide a raceway for communications and network cables. • Include cost for tear -down and transport of existing cubicles and furniture for storage in a temporary location within City Hall. (Location to be determined). • Contractor is responsible for removal and disposal of any debris, trash, and/or recyclables. • Project design is to match existing, wherever possible. 25H-52 RFP No. 17.057 — Addendum No. 1 Space Planning Services May 18, 2017 Page 3 I acknowledge I have received and read this addendum: Bid Respondent Signat re Company Name ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Thank you for your participation and interest in doing business with the City of Santa Ana. Margaret Mercer Administrative Services Manager (714) 647-5050 25H-53 v —54 ' b k 2 LL 1§ T cm � 2 uj �—W: U � Q 9 ?' RAJ \ E { \ \ m 25H.55 ( t {\ I2 \ CL CL[ t kk �� � 9 ?' RAJ \ E { \ \ m 25H.55 ( t {\ \ CL t � \ % pail '■4; �f \ {\) s E t /\� Z � ! \f EO 9V G CL 25H-56 M T 0 N 2 O O w I N06ROy NOUL" fGk �n = Np�b�S�9 ��b1s�9 25H-57 F 713aN F47190H a LL h W r7 F47l36N 77saN 0 T7 n R k n m � LL 91 II m 4 F07I3�N F T N a N9 _ T � y T JFM3 LL F077D a o 8 LL Z 2 N06ROy NOUL" fGk �n = Np�b�S�9 ��b1s�9 25H-57 MAYOR Miguel A. Pultdo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, Cal'to nfa 92702 W Ww.santa-ana.ora May 23, 2017 ADDENDUM NO.2 REQUEST FOR PROPOSALS NO. 17-057 SPACE PLANNING SERVICES INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO. 17-057 — SPACE PLANNING SERVICES. This addendum shall become a part of the original Request for Proposal. 1. Correct labeling of ATTACHMENTS 2, 3, and 4 Layout labels correctly match descriptions in Addendum No. 1 Scope of Work. 2. Page A2-2: ADDITIONALIALTERNATE PRICING Add the following item for separate pricing and tum -key completion: • Telecommunication and network wiring for walled offices (Ross Annex, 4th Floor) ANSWERS TO QUESTIONS Q. In the city Yard area for workstations. Is there a need for pedestals under the stations as well as any overheads needed? A. The following furnishings specifications are to be incorporated for all cubicle workstations (Ross Annex and City Yard): • (1) Box -Box -File cabinet t, (1) File -File cabinet . (2) Overhead Storage cabinets with FLIPPER doors • Tack Board — all panels to be tackable acoustical • TaskUghting— daisy -chained LED • (3) duplexes per station All locking and keyed alike Metal construction SANTA ANA CIN COUNCIL Mi,.Wk Pulido Michela Madinoz Vianle Samdenla Jose S.10 P. naNd Benevides Juan villages sal Tinajem Mayor MayorPm Tem.W.M2 Ww l Wa,d3 Ward Ward5 Warde moulida wnta-am om m7martinaz9Dsanta-anaom v.nnbnwZmtaanaom Ndabn..aM.a aom nanm 25H-58 RFP No. 17-057—Addendum No. 2 Space Planning Services May 23, 2017 Page 2 Q. Quick question on the quotes that you are wanting. It says separate quotes for each area, does that mean I can quote all for the Ross Annex on one quote but separate lines and descriptions so you can see what the break down is? Or do you want a completely separate quote for each? I am assuming the same format would apply to the Yard quote. And is this an .all or nothing" bid, meaning do I need to quote on all of the project or just what I want to? A. This is NOT an "all or nothing" bid. The City reserves the right to negotiate and award only a portion of the requirements and/or negotiate and award separate or multiple contracts for the requirements of this Request for Proposals. Responses to this RFP must include a separate proposal for each location — (1) Ross Annex, 4th Floor, and (2) City Yard, 1st and 2nd Floors. Proposals must further provide separate detail and descriptions for the itemized areas within each location, as identified in the Scope of Work (revised by Addendum No. 1), including consideration of Phase I and Phase II requirements (p. A2-1). Q. Do we have to use prevailing wage for installing the stations and office furniture? A. Labor Code Sec 1720.(a).(1) was amended by AB1598 in Feb 2012 to clarify the meaning of Public Works with regards to the application of prevailing wage to the installation of freestanding and/or affixed modular office furniture. The DIR further clarified, "a Modular Office System attached to panels or floors, which normally includes any electrical modification or installation in raceway and/or supporting shelves to walls, is the type of modular furniture that is intended to be covered under AB 1598." Q. Also do you want us to use the "The Service Act' or "Davis Bacon" for the prevailing wages? A. Yes, Davis Bacon is the act referred to when determining prevailing wage. Here is the DIR link to determine the appropriate classification for your project: http://www.dir.ca.gov/oprl/2017- 1/PWD/index.htm CLARIFICATIONS FOR DESCRIPTION OF WORK (p. A2-11 Standard furnishings specifications for Walled Offices (Ross Annex, 4th Floor) include: o (1) Box -Box -File cabinet o (2) File -File cabinets o (2) Wall -mounted metal FLIPPER door overhead storage cabinets o Tack Board — wall -mounted, underneath overheads o Task Lighting — daisy -chained LED o Keyboard Tray — Workrite #2128-22 banana boards with 22" mech o All locking and keyed alike o Metal construction • City Yard, Room 209, scope includes the following: o Built-ins to be removed and walls repaired as needed prior to new furniture install. o Furnishings include wall -mounted overhead storage cabinet(s) with ganging task lights and tack board. All to match cubicles in other offices. 25H-59 RFP No. 17-057 — Addendum No.2 Space Planning Services May 23, 2017 Page 3 • The attached layout (Attachment 5) is to be used when preparing the proposal for the Ross Annex, 4th Floor. o Please note that the area identified in Attachment 2, 4a no longer requires removal of the existing wall between the two offices. • Furnishings specifications for the Executive Director's Office are as follows: o Furnishings quality must equal existing o Wood construction o Cabinet for fridge in credenza with vented back o New carpet tiles (from Tandus) for entire office o Reserve old carpet to patch other areas as needed I acknowledge I have received and read this addendum: Bid Respondent Signature U UlEZ f�Ew�k-rs Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Thank you for your participation and interest in doing business with the City of Santa Ana. Margaret Mercer Administrative Services Manager (714)647-5050 25H-60 D EO tia;avaS aAlJn3ax3 o� R 4 V c O d a CL C) U - _-1 vv � 2 C) O � O � G I C C 25H-61 I I`n a T N Y M Q U d u m m N Q c Lo C �i R C 1� Na c 0 Z IL �wlz 25H-62 CO) v R U) C cU) ca _I U) a o c as z CL t� U) IX i; Apk u 0 HoUL y NeEftey F -67736N MT/36N 25H-63 O Z E CDCD a a O d N Y N O N N U C N w CD U E c Cb CL O Z R6T736N F07naN O F6TR6N F 6N Q 6 h m m LL tr-n m F07730N N9P!! 1 jaZ M1 FOTAON F 7 N B o y � e LL zi a HoUL y NeEftey F -67736N MT/36N 25H-63 O Z E CDCD a a O d N Y N O N N U C N w CD U E c Cb CL O Z FURNITURE.C CULVER-NEWLIN FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold TO: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714.647-5050 Date Lead Tlme/ ARO Sales Rep Terms Quote Valid Until 5129/2017 LEEANN Net 30 8-1-17 Alpha, qty Model #/Description Unit Prioe Total GAST FLOOR 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 59,581.52 59,581.52T 21 CUBICLES COMPONENTS TO CREATE 21 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. G1. 21 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 7,392.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. G2 21 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 5,841.36T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. Subtotal Signature Sales Tax (8.0%) Total Please note pricing an Ibis quotation is valid for 30 days Page 1 25H-65 CULVER-NEWLIN F U R N I T U R E F O R 5 C H 0 0 L 5 & O F F I C E S 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL 949.597.0123 1 FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/29/2017 LEEANN Not 30 8-1-17 Alpha. Qty Model #!Description Unit Price Total H1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 17,572.59 17,572.69T ROOM 213A COMPONENTS TO CREATE 6 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKUGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. H2 6 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 2,112.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. H3. 6 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 1,668.96T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK. TO BE INSTALLED AT DELIVERY Subtotal Sales Tax (8.0%) Signature Total Please note pricing on this quotation is valid for 30 days Page 2 25H-66 FURNITUREC CULVER-NEWLIN FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 i CORONA, CA 92879 TEL: 949.597.0123 i FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/29/2017 LEEANN Net 30 8-1-17 Alpha. Qty Model #/Description Unit Price Total 1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT as 9,324.72 9,324.72T ROOM 213B COMPONENTS TO CREATE 3 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. 11. 3 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 1,055.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. 12. 3 WORKRITE ERGO KEYBOARD SYSTEM WITH as 278.16 834.48T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK. TO BE INSTALLED AT DELIVERY J. 2ND FL 1 KIMBALL FOOTPRINTITRAXX COMPONENTS as 2,297.15 2,297.15T ROOM 209 TO CREATE U -UNIT DESK 30"X72" WITH BBF, LEFT BRIDGE 24"x42", CREDENZA 24"x72" WITH 30-W LATERAL FILE, WALL MOUNTED TACKBOARD AND 2 WALL MOUNTED FLIPPER DOOR OVERHEADS WITH TASKLIGHTS UNDERNEATH -GANGING, LED AND 10HR AUTO SHOUT OFF. ALL STORAGE METAL, LOCKING AND KEYED ALIKE. TOPS LAMINATE WITH BANDED EDGE. FINISHES TO MATCH EXISTING. Subtotal Sales Tax (8.0%) Signature Total Please note pricing on this quotation is valid for 30 days Page 3 25H-67 CN CULVER®NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL• 949.597.0123 1 FAX: 949.855.9577 Sold To: CIN OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Data Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/29/2017 LEEANN Net 30 B-1-17 Alpha, Qty Model #/Description Unit Price Total it. 1 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 352.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC J2. 1 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 27B 18T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. J3. 1 TEAR DOWN EXISTING DESK AND RETURN ea 620.00 620.00T IN OFFICE, PATCH, REPAIR AND PAINT WALL AS NEEDED BEFORE INSTALLING NEW DESK. PREVAILING WAGE. TEAR DOWN 1 TEAR DOWN EXISTING STATIONS FROM 4 ea 4,225.00 4,225.00T DIFFERENT AREAS ON 2 FLOORS AND TAKE TO STORAGE IN SAME PARKING LOT, DIFFERENT BUILDING. TO BE DONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. INSTALL 1 INSTALL OF 31 STATIONS AS PER LAYOUTS. ea 14,833.31 14,833.31T TO BE DONE ONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. WALL MOUNT OVERHEADS AND TACKBOARDS IN ROOM 209. STATIONS TO BE INSTALLED PER ATTACHED LAYOUTS. ELECTRICIAN TO HARDWIRE BASE FEED FOR STATIONS PROVIDED BY CLIENT. JOB TO BE COMPLETED IN 3 DAYS. PROJECT MANAGER ON SITE FOR ENTIRE INSTALL. TRASH REMOVAL, JOB WALK AND SIGN OFF BY CLIENT AT END. Subtotal $127,989.35 Sales Tax (8.0%) $10,239.15 Signature Total $138,228.50 Picric sign and return approval copy to Culver Newlin, Inc.. All orders are non -cancellable, CUSTOMERNOTE: The standard terms and conditions of sale Please note pricing on this quotation is valid for 30 days including warranty information apply. Page 4 man -v47 „b�iE h U rn 0 r r a t g G q q Q it 'v 'v O 3 r I ar1 ir, 1 410a ° .a r ° e e I at .r 4h a w o a c h { � r o � P�. o ' r O tq h ,yG z� U n. °x op �vNjV man -v47 E ; | � ` \ a _ ALU"—fI / ( ) � % 7 $ — _ \ § 2 \ \� k� @ \§ ) . . dug 7 — "8v— - m P4 ) u/\ @]u ) §/ k§\d ALU"—fI 25H-72 AGREEMENT TO PROVIDE SPACE PLANNING AND IMPLEMENTATION SERVICES AT THE CITY YARD THIS AGREEMENT is made and entered into this 20TH day of June, 2017 by and between Culver - Newlin, (hereinafter "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 (hereinafter "City"). RECITALS A. On May 9, 2017, the City issued Request for Proposal No. 17-057, by which it sought Contractors to provide Space Planning and Implementation Services for adequate office and work space areas for the Public Works Agency City Yard and Ross Annex offices. B. Consultant represents that Consultant is able and willing to provide such services to the City at the Public Works Agency City Yard offices only. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall perform those services as set forth in Exhibit A, only in respect to those services at the City Yard, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 17-057, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $159,000 during the term of this agreement. This amount is comprised of (1) the sum of $138,228.50 and (2) a 15 percent contingency of up to $23,771.50 for services as may be performed by the Contractor at the sole discretion of City. 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. 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. Exhibit 3 25H-73 3. TERM This Agreement shall commence on the date first written above and continue for one (1) year, unless terminated earlier in accordance with Section 17, below. 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 agents 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 Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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 provided to Consultant 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. Page 2 of 11 25H-74 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Consultant's operations in the performance of this Agreement, 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, with $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 with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be fiimislied to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled Page 3 of 11 25H-75 or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their 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 terns 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 Consultant 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 terns 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 Consultant'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 Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant 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 Consultant to the City pursuant to this Agreement. Page 4ofII 25H-76 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 its 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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: Clerk of the City Council Page 5 of I 1 25H-77 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: and Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Consultant: Culver -Newlin Attn: Martin Schlom 520 E. Rincon St., Ste. 102 Corona, CA 92789 Fax: 949-855-9577 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 Page 6of11 25H-78 Consultant. 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 Consultant 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 are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 16. 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. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant 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. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable Page 7ofII 25H-79 federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA J. KURTZ Clerk of the Council Interim City Manager Page 8 of 11 25H-80 APPROVED AS TO FORM SONIA R. CARVALHO CULVER-NEWLIN City Attorney By:, J064 M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Name: Title: Page 9ofII 25H-81 1�7Iiol�ll.1 SCOPE OF SERVICES Page 10 of 11 25H-82 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPACE PLANNING RFP NO.: 17-057 City Yard Location Description of Work: Exhibit A Implementation of space plans for the PWA Administration Building at the City Yard complex 1st and 2nd floor offices, located at 220 S. Daisy Street. The City Yard project scope includes the following: a. I st Floor — Reconfiguration of approximately 1,500 square feet of office space to accommodate 21 cubicles. b. 2nd Floor — Reconfiguration of a 3 -person office to a 6 -cubicle configuration (Room 213A). c. 2nd Floor — Reconfiguration of an office to accommodate 3 cubicles (Room 213B) d. 2nd Floor — Redesign an office with new furniture placement for a single workstation (Room 209). i. Built-ins to be removed and walls repaired as needed prior to new furniture install. ii. Furnishings include wall -mounted overhead storage cabinet(s) with ganging task lights and tack board. All to match cubicles in other offices. Contractor responsibility includes the following: a. Ensuring that electrical service terminates at base feeds and plugs. (Design may include power poles.) b. Provision of raceway for communications and network cables. c. Tear -down and transport of existing cubicles and furniture for storage in a temporary location at the City Yard. (Location to be determined.) d. Removal and disposal of any debris, trash, and/or recyclables. e. Ensure that project design matches existing, wherever possible. Additional/Alternate Pricing: The following items (where needed) are separately priced for completion as turn -key: Carpet tiles, as needed (Requested Vendor: Tandus) Options for replacement chairs (Actual quantities to be determined before installation) 25H-83 Furnishings Specifications: No refurbished materials are to be used for this project. The following furnishings are to be incorporated for all cubicle workstations at the City Yard: • (1) Box -Box -File cabinet • (1) File -File cabinet • (2) Overhead Storage cabinets with FLIPPER doors • Tack Board — all panels to be tackable acoustical • Task Lighting — daisy -chained LED • (3) duplexes per station • All locking and keyed alike • Metal construction 25H-84 1014:11 1� ii e3 FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 25H-85 Exhibit B CULVER-NEWLIN UN F U R N I T U R E F O R S C R 0 0 L 5 & 0 F F I C E 5 520 E. RINCON STREET SUITE 102 I CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Dale Lead Time/ ARO Sales Rep Terms Quote Valid Until: 5/2912017 LEEANN Net 30 8-1-17 Alpha. Qty Model #/Description Unit Price Total GAST FLOOR 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 59,581.52 59,581.52T 21 CUBICLES COMPONENTS TO CREATE 21 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONEIDATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. G1. 21 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 7,392.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. G2 21 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 5,841.36T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. Subtotal Signature Sales Tax (8.0%) Total Please note pricing on this quotation is valid for 30 days Page 1 25H-86 (&'\) CULVER Quote - N E W L I N Quote no. 329112 F U R N I T U R E F O R 5 C H 0 0 L 5 8 0 F F I C E 5 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAR: 949.BSS.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep . Terms Quote Valid Until 52912017 LEEANN Net 30 B-1-17 Alpha. Qty Model #/Description Unit Price Total H1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 17,572.69 17,572.69T ROOM 213A COMPONENTS TO CREATE 6 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. H2 6 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 2,112.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. H3. 6 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 1,668.96T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY Subtotal Signature Sales Tax (8.0%) Total Please note pricing on this quotation is valid for 30 days Page 2 25H-87 NFURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL 949.597.0123 1 FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 529/2017 LEEANN Net 30 8-1-17 Alpha. Qty Model #/Description Unit Price Total 1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 9,324.72 9,324.72T ROOM 2138 COMPONENTS TO CREATE 3 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. 11. 3 9 TO 5 1560-H D -SS. STRATA ERGO CHAIR ea 352.00 1,056.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. 12. 3 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 834.48T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK. TO BE INSTALLED AT DELIVERY J. 2ND FL 1 KIMBALL FOOTPRINT/TRAXX COMPONENTS ea 2,297.15 2.297.15T ROOM 209 TO CREATE U -UNIT DESK 30"X72" WITH BBF, LEFT BRIDGE 24"x42", CREDENZA 24"x72" WITH 30-W LATERAL FILE, WALL MOUNTED TACKBOARD AND 2 WALL MOUNTED FLIPPER DOOR OVERHEADS WITH TASKLIGHTS UNDERNEATH -GANGING, LED AND 10HR AUTO SHOUT OFF. ALL STORAGE METAL, LOCKING AND KEYED ALIKE. TOPS LAMINATE WITH BANDED EDGE. FINISHES TO MATCH EXISTING. Subtotal Signature Sales Tax (8.0%) Total Please note pricing on this quotation is valid for 30 days Page 3 25H-88 CN C U L_V E R- lel EW L I N FURNITURE FOR SCHOOLS & OFFICES 520E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL' 949.597.0123 1 FAX: 949.855.9577 Quote Quote no. 329112 Sold To: Ship Tc: CITY OF SANTA ANA SANTA ANA PUBLIC WORKS THE CITY YARD PURCHASING DIV. M-16 220 S DAISY STREET 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA SANTA ANA, CA 92701 MARGARET MERCER EVA GOODS 714-647-6584 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/292017 LEEANN Net30 8-1-17 Alpha. Qty Model #/Description Unit Price Total J1. 1 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 352.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC J2. 1 WORKRITE ERGO KEYBOARD SYSTEM WITH as 278.16 278.16T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. J3. 1 TEAR DOWN EXISTING DESK AND RETURN ea 620.00 52000T IN OFFICE, PATCH, REPAIR AND PAINT WALL AS NEEDED BEFORE INSTALLING NEW DESK PREVAILING WAGE. TEAR DOWN 1 TEAR DOWN EXISTING STATIONS FROM 4 ea 4,225.00 4,225.00T OIFFERENTAREAS ON 2 FLOORS AND TAKE TO STORAGE IN SAME PARKING LOT, DIFFERENT BUILDING. TO BE DONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. INSTALL 1 INSTALL OF 31 STATIONS AS PER LAYOUTS, as 14,833.31 14,833.31T TO BE DONE ONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. WALL MOUNT OVERHEADS AND TACKBOARDS IN ROOM 209. STATIONS TO BE INSTALLED PER ATTACHED LAYOUTS. ELECTRICIAN TO HARDWIRE BASE FEED FOR STATIONS PROVIDED BY CLIENT. JOB TO BE COMPLETED IN 3 DAYS. PROJECT MANAGER ON SITE FOR ENTIRE INSTALL. TRASH REMOVAL, JOB WALK AND SIGN OFF BY CLIENT AT END. Subtotal $127,989.35 Sales Tax (8.0%) $10,239.15 Signature Total $138,228.50 Please sign and rctum approval copy to Culver Newlin, Inc.. 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