HomeMy WebLinkAboutCHOURA EVENTS (2)JUL 1 3 2021 INSURANCE NOT ON FILE A-2021-031-02
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CLERK OF COUNCILCONSULTANT AGREEMENT
DATE: CITY OF SANTA ANA
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THIS AGREEMENT is hereby made and entered into on this 81h day of July, 2021, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("City"), and Choura Events, a California
corporation ("Consultant").
RECITALS
A. On December 15, 2020, the Orange County Board of Supervisors allocated $10 million in
General Funds equally between the five supervisorial districts for economic support
initiatives for small businesses in response to COVID-19.
B. The County of Orange granted the City of Santa Ana $500,000 for the expansion of its
"Outdoor Safe Dining Program," to provide custom parklets for restaurants to mitigate the
impacts of COVID-19 by expanding outdoor dining opportunities in designated
commercial corridors along or within 500 feet of First Street or Seventeenth Street within
the City's jurisdictional boundaries.
C. Consultant has been selected by the City to receive County of Orange General Funds in
order to design and install custom constructed parklets in support of Santa Ana businesses
utilizing outdoor spaces. Consultant represents that it is qualified and willing to provide
such services to the City, and certifies that the services provided with funds under this
Agreement will meet the Outdoor Safe Dining Program objectives to respond to this
historic COVID-19 public health crisis.
D. 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 design and construction consultant 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 the Proposal attached hereto as
Exhibit A and incorporated herein by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in the Compensation and Payment Schedule
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attached hereto as Exhibit B. The total sum to be expended under this Agreement shall
not exceed $500,000.00 during the term of this Agreement.
b. Half of the total amount ($250,000.00) shall be paid by City to Consultant upon
execution of the Agreement. The remaining amount due and owing to Consultant shall
be paid by City to Consultant upon satisfactory completion of the project. Payment by
City shall be made within ten (10) 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. If Consultant does not provide services
totaling the amount of the initial payment, Consultant shall refund the excess payment
back to the City.
c. Consultant acknowledges that the source of funding for this Agreement is County of
Orange general funds, and that payments are only to be used to make necessary
expenditures incurred due to the public health emergency with respect to COVID-19.
The City reserves the right to reduce the amount of funds to Consultant, or to
completely terminate this Agreement, in the City's sole discretion, if there is a
reduction in County of Orange general funds provided to the City.
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This Agreement shall commence on the date first written above and continue through
August 31, 2021, unless terminated earlier in accordance with Section 15 below, or pursuant to the
terms of the City's resolution proclaiming a local emergency. This Agreement shall also cover
any and all services provided by the Consultant to the City prior to the Effective Date. The Tenn
of this Agreement may be extended by a writing executed by the City Manager and the City
Attorney.
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
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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
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than $2,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04)
or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident
for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the
Contractor's profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. (If applicable — see footnote)
If the Contractor maintains broader coverage and/or higher limits than the minimums shown
above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the Entity.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Contractor including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not the Entity has received a
waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The Entity may require the
Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note — should be applicable only to professional liability, see below)
If any of the required policies provide claims -made coverage:
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The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made
policy form with a Retroactive Date prior to the contract effective date, the Contractor
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of work.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to Entity before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Contractor's obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. 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.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the tenors of, or effects, arising from this Agreement. The Consultant
Rather agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
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fees and costs for special counsel to be selected by the City, regarding any action by a. third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent 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. 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 specified under this
Agreement.
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12. NON-DISCRIMINATION
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.
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
tenmination, 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.
Page 7 of 10
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. 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.
18. 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.
19. 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
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:
City of Santa Ana
20 Civic Center Plaza (M- 25)
P.O. Box 1988
Page 8of10
Santa Ana, California 92702-1988
Facsimile (714) 647- 6549
To Consultant:
Choura Events
540 Hawaii Avenue
Torrance, CA 90503
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.
20. RESERVED
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.
c. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or
by other means that displays the original or a copy of the signatures. Any
subsequent amendments may be signed and delivered in the same manner.
(signatures onfollowingpage)
Page 9 of 10
A-2021-031-02
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Y GOMEZ
of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: r
Ryan O. k¢dge
Assistant City Attorney
FOR APPROVAL:
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Steven %4ndc)=a iJnIS, 2021169d PUT
CITY OF SANTA ANA
KRIS I GE
City Manager
CHOURA EVENTS
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Jeff ,nte,(Ju18, 202116A0 POT)
JEFF GINTER
Director of Operations
STEVEN MENDOZA
Assistant City Manager
Executive Director, Community Development Agency
Page 10 of 10
EXHIBIT A
PROPOSAL
A PROPOSAL, FOR THE BUILD OF SAFE
PARKLETS IN AND AROUND SANTA ANA
COVER LETTER
SERVICES
Sylvia Vazquez Economic Development Specialist II
City of Santa Ana -- Community Development Agency
20 Civic Center Plaza M-25
Santa Ana, CA 92701
Dear Ms. Vazquez,
We are thrilled to have received the RFP to provide safe outdoor dining options along both 1st and 17th Streets
in the City of Santa Ana. Given our experience working in the city and with city staff, we're optimistic that
we'll be able to provide new and unique ideas to bring this project to life.
In responding to the request, we want to assure the City of Santa Ana team of a few things related to the
upcoming project:
Choura, in partnership with Our fabricator VX Design Solutions, now has the capability to design and build the
most unique outdoor features with city ordinances and safety regulations in mind. Since the start of the
pandemic, we've had the good fortune of working directly with four other cities to create outdoor elements,
allowing businesses to operate safely outside during restrictive times. We are confident our team will meet the
proposed timeline stated within the RFP response.
Although Choura was formed originally as a rental house, we've recently transitioned into a hybrid model
more in line with today's changing world. Our ability to incorporate custom fabrication in with rental products
has allowed us to expand both our services and capabilities.
The attached proposal will highlight anything unknown about our company. If there are still unanswered
questions, please feel free to reach out to me directly.
Thank you for your time and consideration,
Project Manager, Choura
424.358.70001 jeff@choura.co
tti
Choura, along with the help of VX Design, will render and install custom outdoor spaces that could be used for
either outdoor dining or retail. Any proposed decks will be built with laydown floor beam and ply system
throughout specified locations within parameters noted in RFP. Decks will be built according to City
regulations and standards, flush to curb heights, and level for ADA access. The custom -constructed parklet
decks will have pre -fabricated elements, be fully -scalable, and built onsite.
Each outdoor space can be built within 1-4 days without negative impacts to business or traffic. The proposed
deck configurations may include shade sails, roof panels, solar lights, furniture (that can be secured to the deck
floor), and drought -tolerant plants/ faux plants. Furthermore, the configurations could include adaptable
weather components (tents & anchoring blocks) for the rainy season.
Services and Deliverables: Choura will perform the following Services and shall create and deliver the
following:
Deliverables, as more particularly described below in connection with the city of Santa Ana and the
participating restaurants:
1. Services & Rentals
a. Creative Direction
i. Assistance with build suggestion and design
2. Design
a. Manual drawing of existing infrastructure in CAD to scale
b. 3D renderings in color Rhino CAD
c. Revisions to renderings
3. Installation
a. Including all labor to design and build everything agreed to between parties
4. Deliverables
a. Creative Direction Proposals
b. Design Presentations
c. Location Specifications
d. 3D Rendering of Installation
e. Build and Installation
Client will retain ownership of any pre-existing Client -owned materials, including design components and
methods, techniques, or processes identified as or incorporated into a `Deliverable'.
Choura has been in business since 2007. The model of the company has shifted over the years, but builders
of outdoor activations in the event world has been at our core since inception. With our main corporate
office in Torrance, we are conveniently located 25 miles northwest of Santa Ana. Our fabrication partner,
VX Design Solutions, is located in the city of Brea, which is less than 10 miles from Santa Ana.
Our team is currently made up of 30 full time hourly builders serving both field and warehouse roles, with
an additional 10 people assisting on the design, office/admin, and experiential side. For this specific
project, the team will consist of 5 main staff members all responsible for different aspects on the project.
,Jeff Ginter
Project Manager, Choura
15 years working in the event & entertainment industry
Lead project manager on previous DTSA project
MA, Sport Mgmt — California State University, Long Beach
BA, Business Mgmt— California State University, Long Beach
Mike De La Vega
Fabrication Project Manager, VX
15 years in design and custom fabrication
BS, Marketing — California State University, Long Beach
Leo Vicente
Lead Designer & Engineer, VX
15+ years in design and custom fabrication
Self taught, yet best in the business
Tamra Hartmann
Project Coordinator, Choura
5 years of production and event experience
BA, Event Mgmt — California State University, Long Beach
Evelyn Rivas
Sourcing Manager, Choura
10 years of design and inventory experience
Sourcing & Purchasing wiz with an eye for design
Choura was previously contracted to design and build outdoor spaces along 3rd, 4th, and 5th Streets in a previous
project contracted through Downtown Santa Ana.
Over the past 14 months, Choura has revamped its operational strategy and team to adapt to new laws with an
emphasis on safety. Doing things differently is just second nature to us all. Choura has been hired to design and
build outdoor spaces in cities such as Laguna Beach, San Pedro, and Santa Ana.
We anticipate a collaborative approach involving input, suggestions, and recommendations from the city team.
Our initial design will include different elements we feel could potentially work well in the city of Santa Ana,
but without constructive feedback from the people that know their city best, it wouldn't work as well.
ii. One suggestion the evaluation committee should heavily weigh in their decision on who to award the
contract to should be each company's opinion on how much a city's identity should factor in to the overall
design. Santa Ana is extremely unique, in that it's one of the most culturally diverse cities we've ever worked
in. It's a true melting pot and the design should incorporate elements that will appeal to the identity of the city.
Unlike the previous project we participated in within the downtown area of Santa Ana, the businesses along
First and Seventeenth Sheets will require a different approach. Busier streets, higher speed limits, less natural
shade, and more distance between restaurants will be factors that need to be considered. We are going to
highly recommend the use of themed signage, lighting, wayfinding, and unique activations that would
seemingly tie in the project together across such a large footprint. We'd also highly recommend designing the
spaces to accommodate all past and expected spacing requirements we've all become accustomed with during
the pandemic.
194 4 9�41,0441
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Julie Castro -Cardenas
Economic Development Specialist H, City of Santa Ana
714.673.3619 cell/jcastro-cardenas@santa-ana.org
Steve Scott Springer
General Manager, Spago Beverly Hills
323.697.0715 cell / steve.springer@wolfgangpuck.com
Craig Susser
Owner, Craig's LA
323.841.7001 cell / Craig@craigs.la
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City of Santa Ana Outdoor Safe Dining Parkiets
Firsh Strect / Seventeenth Street
Payment Schedule
Total Compensation $500,0(10
Payment 50%at execution of agreement $250,000
Balance due upon completion of project $250,000
CITY OF SANTA ANA WORK GRID: COST PROPOSAL
Deck Covering
Building Materials
Decldng, railing, misc material for parklets
S 231,000.00
Purchases (furniture, shado optlons, lighting)
$ 142,500.00
Marketing (banners, flags, artwork)
$ 16,000.00
Outdoor flooring (turf, artificial grass, etc)
$ 21,000m
Plants/Greenery
$ 22,000.00
TAX
included in above
NIA fERI ALS T0TA
S 432,500.00
SERVICE'S Creative Design
S 12,000.00
Project Management
Is 6,500.00
Admhl
$ 2,500.()0
Permits
S 3,000.00
Engineered Drawings
$ 2,000.00
Labor & Delivery (onsite install)
S 24,500M
Heavy Equipment
$ 7,000.00
SERVICE'S T'OT:�AL
S 57,500M0
Total Deck Covering
S 490,000.00
orders, overtime, theft, etc 1 $ 10,000.00
bnsinefs corners are raponsiblejar mainlenanee and runnnal o dAdng parizlels
TOTALPRICI $ 500,000.00
Itofect Tllnefhle
DA, Name
Task Dates
2021
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Project.,ClyofSargn.•1naOHNOOPSafe
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Project —e-il06 rrtn.4 a Oatdoor$gj"e.VhdngParkfets
Deptilt Task List
:i?ery 11- Ang 30
Default Task List ; .
Issue Date
Alay II
Issue Date
Proposal Due Date
May 23
Irtapasa! Due Date
Projected Award Date
JullI
ProjectedAnarrdDate
Design Plm,se
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ATTACHMENT A
PROPOSE'R'S CERTIFICATION, PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of
this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified
to provide services being requested as specified herein. I understand and agree that I am
responsible for reporting any errors, omissions or discrepancies to the City for clarification prior
to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions
on all pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or
services to the City in accordance with said terms and conditions.
Choura Events
LEGAL NAME OF COMPANY
540 Hawaii Ave, Torrance, CA 90503
BUSINESS ADDRESS
Jeff Ginter
PRINTED NAME OF AUTHORIZED AGENT
P: (310) 320-6200 11 F: (310) 781-8227
PHONE AND FAX NUMBERS
Director of Operations
TITLE
24th, 2021
NATURE OF AUTHORIZED AGENT DATE
49-4530302 1045795
ra.co
E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED
NONRESPONSIVE.
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 30 of 36
ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to
provide the supplies, equipment or services included in the scope of the proposal specifications.
Attach additional pages if required. The City reserves the right to contact each of the references
listed for additional information regarding your firm's qualifications.
REFERENCE
Name of Organization
I Spago Beverly Hills
Contact Person
I Steve Scott Springer
Address
1176 N Canon Dr, Beverly Hills, CA 90210
Phone #
(323) 697-0715
Email
I steve.springer@wolfgangpuck.com
Year Service Provided
1 year
Description of service.
supplies, or
equipment:
Design, fabrication and installation of custom resturant pavillion in Beverly Hills.
REFERENCE
Name of Or anization
Craig's L4
Contact Person
raig Susser
Address
8826 Melrose Ave, West Hollywood, CA 90069
1 Phone #
(323) 841-7001
Email
I craig@craig
I Year Service Provided
1 year
Description of service,
supplies, or
equipment:
Design, fabrication and installation of custom weatherproof parklet in the alley
behind Craig's resturant in West Hollywood.
REFERENCE
Name of Organization ICityofSantaAna
Contact Person
I Julie Castro -Cardenas
Address
20 Civic Center Plaza, Santa Ana, CA 92701
Phone #
(714) 673-3619
Email
jcastro-cardenas@santa-ana.org
I Year Service Provided
11 year
Description of service,
supplies, or
equipment:
Worked directly with the City of Santa Ana's economic development department in
desgining and building aprox. 2,000 square feet of safe parklet space in the
Downtown Santa Ana district.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED
NONRESPONSIVE.
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 31 of 36
ATTACHMENT C
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated
and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement
between proposer and the City only after it has been accepted by the City Council, endorsed by
the Clerk of the Council with her signature and official seal noting hereon the action of approval of
the Council, signed by the Executive Director or his duly authorized agent, and signed by the City
Attorney, denoting his approval of the form of this document, and its execution, and when it or an
exact copy of it has been either delivered to proposer or deposited with the United States Postal
Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she
will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding
Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond
substituted in lieu thereof accompanying this proposal shall become the property of the City and
shall be considered as payment of damages due to the delay and other causes suffered by City
because of the failure to furnish the necessary bonds and because it is distinctly agreed that the
proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check
drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities
set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and
the required insurance certificates are to be incorporated by reference into this agreement and are
made specifically as part of this RFP.
Firm Choura
Signed and Printed Name: Jeff Ginter
Project Manager
Date May 24th, 2021
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED
NONRESPONSIVE.
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 32 of 36
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
proposer declares that the proposal is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly
induced or solicited any other proposer to put in a false or sham proposal, and has not directly
or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in
a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost
element of the proposal price, or of that of any other proposer, 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 proposal are true; and, further, that the proposer has not,
directly or indirectly, submitted his or her proposal 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 proposal.
Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the
signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers
are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed /7
State of California, County of Los Angeles
Subscribed and sworn to (or affirmed) before me on this 2ath day of May
20 21 , by Jeff Ginter , proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED
NONRESPONSIVE.
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 33 of 36
ATTACHMENT E
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence 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 this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,00�0 and that all such subrecipients shall certify and disclose accordingly.
Signed: 6 ""
Title: Project Manager
Firm: Choura
Date: May 24th, 2021
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED
NONRESPONSIVE.
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 34 of 36
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
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.
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 35 of 36
7. The Consultant shall include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted 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 subconsultant 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: C7Y7 %/urta�
Title: Project Manager
Firm: Choura
Date: May 24th, 2021
City of Santa Ana
RFP No. 21-063 Outdoor Safe Dining Parklets Page 36 of 36
EXHIBIT B
COMPENSATION AND PAYMENT SCHEDULE
T'
� W
Lois]
• 1
City of Santa Ana Outdoor Safe Dialing Parklets
First Street/Seventeenth Street
Payment Schedule
Total Compensation $500,000
Payment 50% at execution of agreement $250,000
Balance clue upon completion of project $250,000
CITY OF SANTA ANA WORK GRID: COST PROPOSAL
Deck Covering
Building Materials
Decking, railing, raise material for parldots
Is 231,000.00
Purchases (furniture, sha do options, lighting)
S 142,500,00
Marketing (banners, flags, artwork)
$ 16,000A0
Outdoor flooring (turf, .artificial grass, etc)
S 21,000.00
Plants/Greenery
$ 22,000.00
TAX
included in above
VIATN'RIAISTOTAL
S 432,500.011
SERVICES Creative Design
S 12,000.00
Project Management
$ 6,500.00
Admin
S 2,500.00
Permits
S 3,000,00
Engineered Drawings
Is 2,000.00
Labor & Delivery (onsite Install)
$ 24,500.00
Heavy Equipment
S 7,000.00
SERVICES fOTAL
5 57,500.00
Totat Deck Covering
$ 490,000.00
change orders, overtime, theft, etc 1 $ 10,000.00
Gttstirary onoeery m•e rev naslble,Jkr rrlatnlareance ,and rmnrn�nl o rlluln pnrlclaPs
TOTAL PRIC> $ 500,000. 0
Choura will not expend funds under this agreement for materials,
or install parklets or outdoor dining spaces prior to pre -approval
by City of Santa Ana staff. The anticipated number of parkets or
outdoor dining spaces will range from 17 to 28. Choura will
prepare a detailed project budget once the design concepts are
complete, that must be pre -approved by City of Santa Ana staff
prior to expending funds for materials.
A
AgMt - Ch®ura - Outdoor Safe Dining ParkletS
060921(138117.1)
Final Audit Report 2021-07-08
Created:
2021-07-08
By:
Sylvia Vazquez (svazquez@santa-ana.org)
Status:
Signed
Transaction ID:
CBJCHBCAABAAZeLUbw3YYKxR7uP7hc3_F07vvUu20LDzU
"Agmt - Choura - Outdoor Safe Dining Parklets 060921(138117.
1)" History
Document created by Sylvia Vazquez (svazquez@santa-ana.org)
2021-07-08 - 10:42:35 PM GMT- IP address: 98.153.69.210
E°-'c Document emailed to Jeff Ginter Qeff@choura.co) for signature
2021-07-08 - 10:44:00 PM GMT
in Email viewed by Jeff Ginter Qeff@choura.co)
2021-07-08 - 10:56:39 PM GMT- IP address: 66.85.103.146
dq Document e-signed by Jeff Ginter Qeff@choura.co)
Signature Date: 2021-07-08 - 11:00:53 PM GMT - Time Source: server- IP address: 66.85.103.146
UDocument emailed to Steven Mendoza (smendoza@santa-ana.org) for signature
2021-07-08 - 11:00:56 PM GMT
Email viewed by Steven Mendoza (smendoza@santa-ana.org)
2021-07-08 - 11:01:32 PM GMT- IP address: 98.153.69.210
650 Document e-signed. by Steven Mendoza (smendoza@santa-ana.org)
Signature Date: 2021-07-08 - 11:02:09 PM GMT - Time Source: server- IP address: 98.153.69.210
Agreement completed.
2021-07-08 - 11:02:09 PM GMT
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