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
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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/
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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
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N.COM/IN/LEE-ANN-
HARVEY-58622717/
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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
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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
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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
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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
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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.. All orders are
non -cancellable, CUSTOMER NOTE: The standard terms and conditions ofsale
including warranty information apply. Page 4
25H-89
Please note pricing on this quotation is valid for 30 days
25H-90
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