HomeMy WebLinkAboutSILSBY STRATEGIC ADVISORS, INC.INSURANCE ON FILE
WORK MAY PROCEED
UNTILINSUR_ACEIX IRES
CITY CLERK
DATE:
N-2023-296
Q • PWO 0 CONSULTANT AGREEMENT
fAr CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this Z`{ day of October, 2023 by and between
oSilsby Strategic Advisors, Inc., ("Consultant'), and the City of Santa Ana, a charter city and
`" municipal corporation organized and existing under the Constitution and laws of the State of
a California ("City").
0
o RECITALS
A. The City desires to retain a Consultant having special skill and knowledge to provide
strategic support services to assist the City with elements related to the Bipartisan
Infrastructure Law federal funding analyses.
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:
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 Exhibit A, attached hereto and
incorporated 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 Exhibit B. The total amount to be expended
during the term of this Agreement shall not exceed $50,000.
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.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term,
with the option for the City to grant up to a one (1)-year renewal, exercisable by a writing by the
City Manager and the City Attorney, unless terminated earlier in accordance with Section 16,
below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, 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, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless fi•om 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 Consultant 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 ropy, 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.
INSURANCE
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant shall procure and maintain for the duration of the contract insurance against claims
forinjuries 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 Consultant, 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 (ISO) 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
$1,000,000 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: Insurance Services Office Form Number CA 0001 covering any auto
(Code 1), or if Consultant has no owned autos, hired (Code 8) and non -owned (Code 9) autos,
with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory
Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident
for bodily injury or disease.
4. Professional Liability and/or Errors & Omissions applicable to the work being performed,
with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy
period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions: `
Additional Insured Status
The City, 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 Consultant including materials, parts, or equipment furnished in connectionwith such
work or operations. General liability coverage can be provided in the form of an endorsement to
the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through
the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition
is used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant'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 City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant 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 City has received a waiver
of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require
the Consultant 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 City.
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 ANII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. 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 Consultant must purchase
"extended reporting" coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the City 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 City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them
The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
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 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 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. 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.
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
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.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
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.
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. 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
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.
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:
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:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Shane L. Silsby
CEO and Founder
Silsby Strategic Advisors, Inc.
1515 Dorothy Lane
Newport Beach, CA 92660
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
21. 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. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Consultant is providing services not contemplated by this Agreement
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[Space intentionally left blank]
[Signatures continued on the following page]
N-2023-296
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
tt
By:
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Q *G
abil Saba, P.E.
Executive Director
Public Works Agency
10
CIITTYl OF S=TAANA
Kristine e `3%au i 1e, arecR,
ity Manager
CONSULTANT:
I
Shane L. Silsby
CEO and Founder
Burrola, Melissa
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Tuesday, October 24, 2023 9:05 AM
To: Burrola, Melissa; Rosas, Rudy
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY S'rAFF: PRINT TIIIS PACE .AND INCLUDE WITII .4GREEM1I ENT TO THE CLERK OF TIIE COUNCIL
Contractor Silsby Strategic Advisors, Inc.
Name:
Project TBD (078)
Number:
Project Consultant Agreement City Of Santa Ana - Silsby Strategic Advisors
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME
NUMBER DATE
Santa Ana Risk
Management COI
AUTOMOBILE LIABILITY
72SBMBE9121
02/14/2024
10/06/2023
for Silsby
Strategic Advisors
(10-17-2023).pdf
Santa Ana Risk
Management COI
GENERAL LIABILITY
72SBMBE9121
02/14/2024
10/06/2023
for Silsby
Strategic Advisors
(10-17-2023).pdf
Santa Ana Risk
Management COI
PROFESSIONAL LIABILITY
PSL0039590996
12/30/2023
10/06/2023
for Silsby
Strategic Advisors
(10-17-2023).pdf
WC Declaration
WORKERS COMPENSATION EXEMPTION
WAIVER
10/17/2024
10/17/2023
for Silsby
Strategic
i
TYPE OF INSURANCE POLICY EXPIRATION COI DATE ! FILE NAME
l NUMBER DATE
Advisors^J Inc.
(10 17-2023).pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
10/24/2023 12:05 PM
EXHIBIT A
September 26, 2023
Mr. Rudy Rosas, PE
Deputy Public Works Director / City Engineer
City of Santa Ana — Public Works
20 Civic Center Plaza
Santa Ana, CA 92701
Submitted via email: rrosas@santa-ana.ore
Subject: Strategic Support Services Proposal for Multiple Initiatives
Dear Mr. Rosas:
Silsby Strategic Advisors, Inc. is submitting this proposal to provide strategic support services to assist the
City of Santa Ana (City) with elements related to the Bipartisan Infrastructure Law federal funding analyses
and the Civic Center Modernization Project. A description of the background and anticipated scope of
work are summarized in Exhibit "A", the associated proposed compensation is outlined in Exhibit "B", and
supporting qualifications and reference projects have been provided in Exhibit "C".
I appreciate this opportunity to provide services to the City in support of these important strategic
initiatives. If you would like to discuss this proposal or need any additional information for your review,
please do not hesitate to contact me at 517-896-9460 or at shane@silsbv-sa.com.
Respectfully submitted,
Silsby Strategic Advisors, Inc.
Shane L. Silsby
CEO and Founder
EXHIBIT "A"
Strategic Support Services for Multiple Initiatives
BACKGROUND
The City of Santa Ana (City) is interested in utilizing services to supplement internal resources at a time
when the City is tasked with coordinating and facilitating major capital project and operational activities
at the same time, while also keeping an eye on future opportunities. The federal and state governments
have approved funding for a number of new or enhanced programs and the City desires to better
understand funding projections and implementation strategies to maximize the potential for targeting
and accessing these funds. Additionally, the City has strategic initiatives — such as the Civic Center
Modernization Project - that require specialized, time -intensive efforts in concert with coordination
between various other external agencies. The following background provides greater detail on the needs
and goals of external services, including proposed categories of support.
Growing Need for External Advisory Services
The reasons for increased use of third -party owner's representatives (or owner's advisors) are generally
driven by a combination of the growing technical complexities and economic risks associated with modern
construction projects, the evolution of new and more complex project delivery methods, new and unique
funding opportunities, and increased specialization of design professionals who have historically served
the role of owner's representative. Additionally, the pandemic has put significant strains on existing public
agency staff who are dealing with heavy workloads due to a booming housing market, the inability to fill
numerous positions due to a talent war, and the unusually high number of employees leaving the
workforce. Thus, both private owners and public -sector awarding authorities are retaining third -party
advisors to supplement their internal management and administrative capabilities and address gaps in
services rendered by design professionals, land developers, and construction contractors.
Broad Range of Skills and Services
Given that public agency internal teams have a host of work issues and competing priorities within their
areas of responsibility, engaging the services of an owner's representative off -loads significant pressures
— especially for highly visible, politically charged projects, and / or fiscally constrained initiatives. The
representative filling this role needs to be well versed in key fundamentals of architectural design,
engineering, construction and construction field management, economic evaluations, project scheduling,
budget development, value engineering, and dispute resolution. Acknowledging the heightened level of
community interest and engagement, excellent communication and facilitation skills are also paramount.
PROPOSED SCOPE OF WORK
Silsby Strategic Advisors, Inc. (or "Silsby Strategic Advisors") will provide "External Support Services" to
assist the City with targeting / acquisition strategies for federal funding (as applicable), to produce federal
funding projections, and owner advisor services on strategic initiatives - such as the Civic Center
Modernization Study - that require specialized, time -intensive efforts in concert with potential
coordination between various other agencies. The Scope of Work associated with assisting the City in
high-level strategy, summary reports, and follow up strategies for this initiative includes:
Page 2 of 11
Meetings, Research, and Initial Coordination
The External Support Services will include meetings with the City to clarify alignment on the primary
direction of focus to best position the City for success. These efforts will also include productively
identifying and resolving known liabilities and facilitating enhanced coordination with key stakeholders.
Stakeholder meetings with the targeted agencies or departments are presumed to be at the level of key
decision -maker and / or applicable technical staff to complete and verify research for the proposed
funding categories.
The External Support Services will also include regular communication with the City to course correct
throughout the initiative, as necessary, based upon new direction from the City and/or requested
adjustments by key stakeholders. Deliverables for this portion of the scope of work will generally include
information / materials for utilization in presentations for the City to use with key stakeholders or follow
up actions from meetings with team members and stakeholders.
Enhanced External Coordination, Reporting, and Communication
As needed, Silsby Strategic Advisors will contact any other supporting consultant(s) hired by the City to
establish professional working terms, as well as providing flow -through information or reports as
requested by the City. As communication is essential on these strategic initiatives, Silsby Strategic Advisors
will assist the City in coordinating key stakeholder updates and presentations, as requested, along with
the development of basic supporting materials.
Primary Initiatives / Associated Tasks
Silsby Strategic Advisors proposes to have a primary focus on the following strategic City initiatives:
TASK 1— FEDERAL FUNDING ANALYSES
a. Development of formulaic federal funding projections for the 5-year Bipartisan Infrastructure Law,
including the creation of a resulting report with elements specific to the City and its operations.
b. Development of a targeted multi -year strategy (or matrix) to best align City resources with future
federally eligible projects or initiatives and recommend timing / submittal of applicable grant
packages for discretionary Bipartisan Infrastructure Law federal funding.
c. Advocacy— as requested —with regional and state entities to maximize the City's fair share of federal
formulaic funding sub -allocations from the Bipartisan Infrastructure Law.
d. Coordination with staff supporting the City's key operations and maintenance programs to provide
initial recommendations on strategies for the efficient implementation of formulaic federal funding.
TASK 2 — OWNER ADVISOR SERVICES FOR CIVIC CENTER MODERNIZATION
a. Meetings and Coordination. Meet with the City to plan and implement a strategy regarding the
initiative to redevelop the Santa Ana Civic Center, with a goal of broad internal consensus. Make best
efforts to fully understand the City's goals, parameters, and pathways to success to productively
advocate and support recommendations to internal / external stakeholders. The external meetings
with the targeted agencies are presumed to be at the level of elected official, key decision -maker, and
/ or applicable technical staff to complete and verify research and proposed solutions.
u awwi..'y's�s :� I'M
Stakeholder
Engagement
Page 3 of 11
b. Site Analyses and Summary Findings / Recommendations. Meet with the City to finalize initial
strategies and course correct throughout the initiative based upon new direction and / or requested
adjustments by key stakeholders. Because of the importance of the intended large-scale
redevelopment and its potential impact on existing proximate City / County / State facilities and
corresponding operations, several analyses are recommended to inform the process through
proactive findings. Site analyses include the overall suitability and context compatibility with various
development concepts to formalize and meet the City's goals, with additional actions and factors to
consider such as:
• Research existing background information (prior studies) and area parcel ownership / limitations
• OC Streetcar station layout, pedestrian access, and potential development integration
• Establishing "connections" between stations and significant points of interest / business
• Impacts to local businesses, residents, tourists, and commuters
• Identification of potential impacts to buildings planned to be excluded from modernization plans
• Review of existing area infrastructure and proposed known other development plans
• Intra-agency coordination on elements (i.e., the County, the State Courts, and OCTA)
• Supporting the City in the review of third -party information received via future redevelopment
solicitations (including panel participation as requested)
• Presentation of political considerations / prior agency commitments and context sensitive design
Graphic 1: OC Civic Center Map
9
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Page 4 of 11
Graphic 2: OC Streetcar Map
Graphic 3: Targeted Review Area (City Controlled)
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NOTE: The highlighted area in the graphic above is intended to be the primary focus of this analysis,
however, the Santa Ana Public Librarywas excluded due to the ongoing major investments at that facility.
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EXHIBIT'B"
Strategic Support Services for Multiple Initiatives
PROPOSED COMPENSATION (FEE)
Silsby Strategic Advisors, Inc. is pleased to provide the following proposed compensation breakdown.
However, since the specific scope of all work is subject to change based upon the positioning of other
organizations or staff availability, services provided under this contract are proposed to be a combination
of lump sum and time and materials -based compensation structures.
For maximum flexibility, a contract totaling a not -to -exceed value of $50,000 is proposed be executed to
create a draw down pool for the time and materials efforts associated with the Scope of Work in Exhibit
"A" beyond the initial formulaic projection analyses. The proposed services will be performed or overseen
(if subconsultants) by Shane Silsby of Silsby Strategic Advisors, and he will be the primary point of contact
with the City. Key subconsultants will be utilized, as necessary, to provide additional expertise in the
targeted areas of third -party private development integration, project external financing, and light
architectural services for graphical concepts of building forms / scale. To implement these strategic
partnerships, flexibility is requested to re -align unused budget allocations from prior tasks to later tasks
while still delivering services within the overall not -to -exceed compensation amount. Likely targeted
strategic partners are Cannon Design, HDR Engineering, Michael Baker International, EY Financial Services,
Aztec Engineering, and JOA Group.
The breakdown for the compensation to support this proposal is:
TASK 1— FEDERAL FUNDING ANALYSES
Formulaic Projection Analyses / Summary Report [Lump Sum] _ $ 4,000
Grant Matrix / Strategic Action Plans / Report [Est. Time: 50 hours at $300 / hour] _ $15,000
TASK 2 — OWNER ADVISOR SERVICES FOR CIVIC CENTER MODERNIZATION
Meetings, coordination, analyses, and findings [Est. Time: 85 hours at $300 / hour] _ $25,500
REIMBURSABLES
Other direct reimbursable expenses / materials / subconsultants (as approved) = 5,500
Total Proposed Compensation / Fee $50,000
Page 6 of 11
EXHIBIT "C"
Strategic Support Services for Multiple Initiatives
QUALIFICATIONS
Throughout his career, Silsby L. Silsby, MsCE, PE, has established a reputation as a transformational leader
who is driven by challenge, undeterred by obstacles, and committed to furthering standards of
excellence. His expertise encompasses all aspects of strategic oversight within both the public and private
sectors from complex negotiations, to controlling costs and maximizing revenues through effective
strategies that harness team strengths and improve enterprise -wide performance. Further, his ability to
build consensus among executive teams and stakeholders, to promote transparency, and to influence
positive change, has been repeatedly proven. Mr. Silsby is the current CEO and President of Silsby Strategic
Advisors, Inc.
Former Private Sector Positions
Senior Vice President / Regional Strategy Lead — International Engineering Services Firm (West Region).
Leadership team member responsible for developing key client relationships and providing client
management initiatives. Responsible for regional strategic initiatives, such as high-level market
assessments, enhanced client focus plans, talent acquisition of key positions, improved pursuit elements,
and organizational recommendations to increase success rates. Developed strategic initiatives such as
Olympic venues and infrastructure attraction and implementation plans. Took on additional
responsibilities for oversight of the regional business development activities including direct management
of regional practice leaders in transportation, planning, water, and land development. Indirectly
coordinated support staff to implement business success strategies across the region while customizing
approaches for each sub -geography. West Region Business: —600 positions in 12 offices across 5 states.
Chief Operating Officer— Global Architectural/Engineering Firm (West Region). Executive responsible for
building / refining the organizational capabilities needed to deliver business results and sustain high
performance within the business lines. Provided hands-on dynamic leadership to the organization and
focused on executing the company's vision. Acted as a change agent to build on the firm's impressive
track record and make the organization even more effective through operational excellence. Responsible
for guiding implementation of projects / services, ensuring client satisfaction, and contributing to growth
opportunities. Built organizational capabilities through strong performance management, mentoring and
development, effective strategic recruiting, and talent management. West Region Business: —1,600
positions in 30 offices and FY20 GR of $587 Million / NSR of $396 Million / EBITDA of $36 Million.
Former Public Sector Positions
Director of Public Works - Orange County, California. Executive that created the mission and long-term
vision for OC Public Works based on efficient and effective responsiveness to the public and client
department needs; oversaw the development of strategic plans and department goals; established
policies and determined priorities; adjusted plans to respond to emerging or urgent issues; and directed
the allocation of resources to achieve timely outcomes and measurable goals within the County's budget
guidelines. During his tenure at Orange County, Mr. Silsby's reputation as a professional problem solver
with a focus on delivering results earned him the honor of being named 2016 Public Works Leader of the
Year by the American City & County magazine. Additionally, he was named the 2017 Top Leader of the
Year by the SoCal Chapter of the American Public Works Association.
Page 7 of 12
Deputy Director for the Street Transportation Department - City of Phoenix, AZ. Management
responsibility for the planning, coordination, and design plan review for long- and short-term project
development; programming of funds for capital improvement projects ($500 million 5-Year program);
coordination of federal / state aid procurement — including ARRA 2009 federal stimulus funding; and
provision of environmental assessments for all ground disturbing Street Transportation projects.
Responsibilities also included the functions of Floodplain Management, Utility Coordination, Utility
Inspection, and Street Lighting. Finally, the transference of the City Engineer functions to the Street
Transportation Department in May of 2011 added citywide Procurement Services, Labor Compliance, and
Small Business Enterprise management to the division for oversight responsibility.
Major Projects / Downtown Team Leader for the Development Services Department - City of Phoenix, AZ.
During four plus years with the Development Services Department, Mr. Silsby worked on over 1,000
development projects ranging in use and size from a new local restaurant to the $1 billion Cityscape
downtown redevelopment project. For two years, he led the Downtown Development Team through
review and approval of high -profile projects such as the Arizona State University (ASU) Walter Cronkite
School of Journalism / KAET Channel 8 Studios, the ASU Capstone Student Housing Project, the Historic
Luhrs Complex rehabilitation, and the PetSmart Headquarters home office expansion.
Division Head / Transportation Engineer for the Transportation & Parking Office - City of Lansing, MI.
Responsibilities included project oversight, regional coordination of transportation projects, providing
reports and presentations to the Mayor, City Council members, citizen boards, and the public. Highlights
encompassed several major projects including the construction closure of a cross town freeway through
the heart of the City, a two-way street conversion study effecting the traffic patterns of several downtown
streets, and the Capitol Loop project that reconstructed many of the downtown streets surrounding the
State Capitol building and impacting the City's most recognized business core.
Education & Credentials
Mr. Silsby holds a master's degree and bachelor's degree in civil engineering from Michigan State
University. He is also a registered Professional Engineer in the states of Arizona and Michigan. Finally, he
is a two -term member of the American Public Works Association Government Affairs National Committee.
Page 8 of 11
REFERENCE PROJECTS
SANTA ANA, CA [COUNTY OF ORANGE]
This Public -Private Partnership (P3) delivered the first major building construction on
the County's campus in more than 50 years. The first in a multiple building, multi-
year Civic Center Facilities Strategic Plan, the new County Administration South
features a first floor "One Stop" public counter to provide efficient public access to
services of multiple agencies. In addition, the facility provides approximately 250,000
gross square feet of new office space, an Event and Conference Center and two levels
of below grade secured employee parking at a cost of more than $160 million. Phase
2 of this plan is estimated at $180 million.
Silsby Role; Tasked with negotiation of the development agreement and project
oversight. Currently, also assisting with the envisioning process for future phases.
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Page 9 of 11
CIVIC SPACE PARK (WITH PUBLIC ARTWORK)
PHOENIX, AZ (CITY Of PHOENIX / ARIZONA STATE UNIVERSITY)
Civic Space Park offers residents, professionals, students, and downtown visitors a setting with unique urban design, sustainable
construction and operational features, along with a landmark public sculpture by artist Janet Echelman. The park is the result
of a unique partnership between the City of Phoenix and Arizona State University. A city bond election funded the public park
and there is a formal partnership agreement for ongoing operation and maintenance of the park and buildings.
The 2.77-acre park utilizes sustainable design techniques to generate power, keep the area cool, and capture rainwater
including:
• Solar panels on the park's shade structures that generate 75 kilowatts of power (enough to power B to 9 residential
homes) to offset the park's lighting and electrical needs
• Extensive shade - more than 70 percent of the park's surface area will be shaded when its trees and vegetation reach
maturity
• Hard surfaces constructed with pervious concrete and pavers that reduce heat reflection and allow rainfall to seep
through, reducing damaging storm runoff
• Trees planted with a system that utilizes grates and specially engineered soils to protect roots, minimize compaction and
allow ample room for root expansion
• Immediate access to light rail and bus transit stations, located just feet from the park, to encourage pedestrian visitation
and use of mass transit - zero parking spaces were built for the park
Silsby Role: Led the City team responsible for coordinating with Arizona State University representatives, plan approval, and
permitting of this unique urban park. In addition to coordination with the adjacent light rail transit system and a proximate
historic multi -level building, the plan review required specific skill sets to interpret the calculations required to support the
free form hanging art installation.
Page 10 of 11
s
CENTRAL UTILITY
FACILITY UPGRADES
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PHOENIX, AZ [CITY OF PHOENIX/RED DEVELOPMENT]
Represents the largest private development investment in the
history of downtown Phoenix at an estimated $1 billion. Required
massive coordination efforts with multiple utility providers and
the starter segments of the region's initial light rail transit system.
Also, involved a complex development agreement negotiated
through the City and with various downtown stakeholder
organizations while mitigating significant impacts to area visitors.
Sllsby Role: Led the City team responsible for the initial
entitlements, plan approval, and permitting of this mixed use,
multi block mega -project delivered via a PPP.
SANTA ANA, CA [COUNTY OF ORANGE]
The Central Utility Facility provides various combinations of
steam, chilled water, and electricity to County, City, State and
Federal buildings in the Santa Ana Civic Center campus 24 hours
per day, 365 days per year. The major upgrades project replaced
aging equipment systems and utility pipes (installed in 1968) with
more energy efficient and environmentally responsible systems
to improve safety and reliability. The $68 million project was
creatively delivered via Construction Manager At -Risk.
Silsby Role: County executive tasked with procurement strategy
and delivery of this project, enhanced coordination with key
stakeholders, and working within a unique financing framework.
Page 11 of 11