Loading...
HomeMy WebLinkAboutWARE MALCOMBINSURANCE, NOT ON FILE DocuSign Envelope ID: 1BA90275-pVAY RYTS A-2020-230-10 CLERK OF COUNCIL DATE: 011?rVACOY( ubn el04"t AGREEMENT TO PROVIDE ON -CALL SPACE PLANNING AND Vr ARCHITECTURAL CONSULTING SERVICES THIS AGREEMENT is made and entered into this 17th day of November, 2020 by and between Ware Malcomb ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 30, 2020, the City issued Request for Proposal No. 20-040, by which it sought qualified consultants to provide on -call space planning and architectural consulting services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-040. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 20-040, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of ten (10) consultants selected to provide services on an on -call basis under RFP No. 20-040. The total annual compensation for these services provided by all such consultants selected under RFP No. 20-040 shall not exceed the shared aggregate amount of $300,000 during the term of the Agreement, including any extension periods. 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 Page 1 of 8 DocuSlgn Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. "MENEYWIi11 This Agreement shall commence on the date first written above and terminate on November 16, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two 1-year periods upon a writing executed by the City Manager and City Attorney. 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 from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT 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 copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 Page 2 of 8 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F735g7F313 & 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled Page 3 of 8 Docu&gn Envelope ID: IBA90275-0048-437F-ACEC-13F73597F313 or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 8 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Ware Malcomb 10 Edelman Irvine, CA 92618 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the' City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. Page 6 of 8 Docu&gn Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 7 of 8 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 A-2020-230-10 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WrrNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: c DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By. oK, iN% J HN M. FUNK Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL NAT31L SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRrSTINE RIDGE City Manager CONSULTANT C� h000usbnae by: I6VI& SWULl. OC7B8E13FF2B4B5... Name: Tobin S oane Title: CFO / EVP Page 8 of 8 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPACE PLANNING AND ARCHITECTURAL SERVICES RFP NO.: 20-040 Introduction and Background: The City of Santa Ana intends to retain Space Planning and Architectural Services on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide space planning and architectural services for a variety of projects on an on -call basis. Areas of responsibility shall include architectural, space planning, structural, construction management, mechanical and electrical engineering, ADA survey, and move management services. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon scope of services and fees. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. The architects and engineers in the firm must be licensed and legally qualified in the State of California to practice the work for which consideration is requested. Selected firm(s) shall have the necessary qualifications and experience to provide space -planning, architectural, and engineering consulting services to the City. Services may involve all or some of the phases of project development and shall include, but not necessarily be limited to, the following activities: Site Analysis Perform site analysis during initial design work. This may include site visits, photographs, analysis of existing space(s), meetings with various City departments to discuss specific space requirements. Conceptual Layouts/Space Plannine Prepare alternative preliminary space layouts, including engineering details and engineering calculations, and estimates of probable costs for each alternative. Present information to the City along with a written response of the advantages and disadvantages of each alternative plan taking into consideration operational, programmatic, adjacency needs and appropriate design standards. Permits/City Approvals (City as reizulatory agency) Assist City departments in obtaining entitlements, permits and other City approvals, as required. Architectural, Interior Design, and Enizineerine Services Provide architectural, structural, mechanical and electrical engineering services and cost .,Lt' ,�EZkIM DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 estimating services during the schematic design, design development and construction document phases. Work products shall include engineering details, engineering calculations, architectural plans, and elevations, material specifications, cost estimate, and final plans and specifications. Prior to acceptance of design, Consultant is to prepare a summary report detailing the effort of utility coordination, IT coordination, and due diligence for the City's review and acceptance. Third -party cost estimate and constructability review may be included in the design effort at the City's request. 1. Schematic Design: Develop schematic design site plan drawings illustrating the scale and relationship of project components. 2. Design Development: Prepare design development package consisting of: a) Drawings and other documents that outline repairs or solutions and describe the size and character of the project with respect to architectural, interior, structural, mechanical and electrical systems b) Materials and samples c) Other required elements based on the approved schematic design documents. Designs must comply with the current Building codes and any other City requirements. Additional site visits and coordination with City departments will be required to ensure that design development meets the department's needs. 3. Construction Documents: Prepare construction documents consisting of plans and specifications calculations, and cost estimates setting forth in detail the requirements for the construction of the project based on the approved schematic design and design development documents. The construction documents will include, but not limited to: plans, details, and specifications for structural, electrical, mechanical, plumbing, ADA requirements, parking, and landscaping; all fully coordinated with the architectural design. Plans should include recommendations for green building standards and sustainable development to reduce costs, improve the health of building occupants, and reduce the negative impacts to the environment. A refined cost estimate based on the final construction documents shall also be prepared. There shall be no additional costs due to revisions of the drawings to bring the design up to code compliance. Assist the City departments in obtaining reviews and approvals from applicable public agencies for design reviews, plan checks, and permits. Assist the City in obtaining all required permits, reports, and other information to bid the project. The City will pay all permit fees. The Consultant shall be required to provide continued communication and feedback with various City personnel throughout the process to provide a cost-effective and quality design that meets the needs of the client department(s). Post Design Services At the City's sole discretion, assist the City Department(s) with the following services. 1. Bidding a) Preparing bid documents and packages b) Answering bidder's questions DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 c) Scheduling and attending pre -bid conferences and job/site walks d) Preparing bid addenda e) Preparing bid analyses and reviewing and responding to bidders' submittals, such as shop drawings, product data, samples and proposed equivalent products and materials. 2. Construction and Construction Management a) Prepare "as -built" drawings, in current CAD format, as required b) Visit construction site as needed to monitor quality of the work and resolve construction issues. c) Assist engineer, consultant and inspector with interpretation of the following: • Plans and specifications • Analysis of change conditions • Development of corrective actions • Review of shop drawings and other submittals • Review, negotiation and preparation of change orders d) Manage the construction phase and coordinate construction meetings to ensure the project is completed on time and within budget. • Provide weekly estimates of percent of work completed • Approve vendor invoices for submittal to the City. Move Management Services At the City's sole discretion, assist the City Department(s) with the following services. • Survey all existing items to relocate. • Meet with client and the client's furniture vendor to verify the placement of all items for move. • Third party/peer review of architectural plan(s). • Prepare move plans to show numbering system for ease of labeling boxes and items to move. • Prepare "move in" sketches for mover use, showing office and common area layouts. • Coordinate with the City's Telecommunication Services and instruct staff in preparing for the move. • Coordinate and closely supervise move labor. • Be responsible for all post -move follow-up. Special Services • Complete the State of California ADA surveys. • Provide value engineering services upon request. • Complete LEED Certification documentation upon request. Plans and Documents All plans and other documents prepared by the Consultant on behalf of the City shall become sole property of the City. All documents and files must comply with current requirements set forth by the various entities for record retention. Fee Proposal: In addition to Section III. B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this document. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Proposer. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. •.;m ■ DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 EXHIBIT B Gabriela P. Lomeli Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 CITY OF SANTA ANA SPACE PLANNING AND ARCHITECTURAL CONSULTING SERVICES Santa Ana, California 04.20.2020 WARE MALCOMB ARCHITECTURE I PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT 25G-457 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Table of Contents • 1.Statement of Qualifications (20 page maximum) — 1.a Cover Letter — 1.b Contract Agreement Statement — 1.c Firm and Team Experience — 1.d Project Understanding — 1.e Relevant Project Experience — 1.f References • 2. Scope of services • 3. Fee proposal • 4. Certifications • 5. Subconsultant qualifications � y r 25G-458 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 COVER LETTER 1mA 25G-459 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE MALCONIB ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT April 20, 2020 Gabriela P. Lomeli Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Lomeli: Ware Malcomb's experience designing for public agencies paired with our deep bench of resources and boutique -like service makes Ware Malcomb a trusted partner for The City of Santa Ana's on -call consultant needs. Ware Malcomb brings a comprehensive team of professionals with specific, relevant expertise ready to deliver outstanding results for the Santa Ana Public Works Agency. Ware Malcomb will provide Santa Ana Public Works Agency added value through the following distinct advantages: • Public Agency Design Expertise - We have assembled a highly qualified team with a diverse portfolio of public agency design projects and references. In addition, we understand what it takes to be an on - call partner through similar roles as landlord architect and corporate account project types. • Long Standing Local Presence - Headquartered in Irvine, Ware Malcomb has maintained a local presence since 1972 ranking among the fastest growing private companies in Orange County. We have established relationships with various City departments and the local vendor community, ensuring a smooth and timely project execution. Additionally, all of our team members are Orange County based, allowing us to respond quicker and be more available to meet your needs. • Depth of Resources for On -call Services - With over 570 employees in 24 offices across North America, Ware Malcomb provides the integrated resources and manpower of a large firm with the senior -level involvement and attention to service of a boutique firm. We have worked on over 600 projects for the city of Santa Ana. • In -House Integrated Services - We offer integrated in-house design services and vast company resources to make the project process smoother. We provide full service planning, architecture, interior design, civil engineering, branding, and building measurement services. Our integrated services translate to seamless collaboration between our areas of expertise, consistent design and high quality, fast document production. Thank you for your consideration of Ware Malcomb. We are ready to begin immediately and provide exceptional service and design to Santa Ana Public Works Agency. Sincerely, Ware Malcomb Mary Cheval, CID, IIDA Principal 10 Edelman Irvine, CA 92618 P 949.660.9128 P 949.863.1581 25G-460 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 25G-461 CONTRACT AGREEMENT STATEMENT 1mB DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 THESE CHANGES WERE NOT ACCEPTED BY CITY Contract agreement Statement Ware Malcomb has reviewed RFP 20-040 and Attachment 2, the Consultant Agreement. In response, Ware Malcomb has attached Ware Malcomb's most key provisions that it would like to request to be added to the Consultant Agreement. As working in collaboration with our client is of utmost importance to us, we welcome the opportunity to discuss these terms with your team further as we come to a mutually agreeable agreement. MODIFICATIONS TO THE CONSULTING AGREEMENT BETWEEN CITY OF SANTAANAAND WARE MALCOMB Section 1 to be modified to add: "Consultant shall perform performed in accordance with generally and currently accepted design principles and practices as embodied in the standard procedures and protocols of Owner and its subconsultants and without express or implied warranties, and in no event will Architect undertake to meet a professional standard of practice that is greater than that imposed by common law, or be subject to any form of strict or no-fault liability. In no manner shall Consultant be responsible for delays beyond its reasonable control." Section 6: to be modified to add: Further, if the City uses or modifies or allows the use or modification of the drawings or specifications without Consultant's further involvement or consent, or uses the drawings or specifications for any project for which they were not prepared, the City agrees to release and indemnify Consultant and its affiliated entities and individuals to the fullest extent allowed by law, and even in situations involving any indemnitee's actual or alleged active negligence or design defects, from and against any and all claims, costs, losses and/or liabilities arising out of or resulting in whole or in part from such use or reuse. Section 8 to be modified in the following: Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability... Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity and hold harmless obligations 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 Y _ _ wJ"RE 1V12"1_I_�COMB 04.20.2020 FAGE {`njt 4 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 THESE CHANGES WERE NOT ACCEPTED BY CITY Contraet Agreement Statement Section 9 to be modified to add: Regarding any instruments of service or designs which have been prepared by others and provided to Consultant by the City for use for the Project, the City warrants to Consultant that it has the intellectual property rights, including copyright rights, for such use; and in this regard the City shall to the full extent permitted by law release, indemnify and hold harmless Consultant and Consultant's subconsultants, and their respected affiliated entities and individuals, from and against any and all claims, costs, liability and/ or losses related to or arising out of Owner's actual or alleged breach of this warranty. Section 20(d) to be added: In light of the limited ability of the Architect to affect the risks inherent in the Project and of the disparity between Architect's fee and the potential liability for problems or alleged problems with the Project, and in consideration of Architect's undertaking of the obligations imposed by the Agreement, Owner agrees to limit the total aggregate liability concerning or related to the Project of Architect and its affiliated entities and individuals, on any and all legal or equitable theories and concerning any and all kinds of causes of loss, to the fullest extent allowed by law as to Owner and all third parties, to the lesser of (a) twice the amount of the Architect's fee for the Project or (b) $50,000. Section 20(e) to be added: Because the amount of such damages can neither be controlled nor predicted, each party waives any claim that is has or ever might have for consequential and/or economic damages concerning or related to this Agreement. Section 20(f) to be added: The City and Architect both acknowledge that each is a business entity, and that neither intends that either's involved individuals should be subjected to personal exposure for the risks attendant to the Project; and therefore any and all remedies with either party and its affiliated entities and individuals have or might have concerning the Project and/or this Agreement shall be sought against only the other's business entity or affiliated business entities and waived as to the affiliated individuals, and in no event shall damages or indemnification concerning this Agreement and/or the Project ever be sought against either party's affiliated individuals. Y _ _ wff]F,nALCOMB 04.20.2020 PAGE {`tj 5 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 FIRM AND TEAM EXPERIENCE 2 5 G -464 imc DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Corporate Profile Identity Ware Malcomb is a contemporary and expanding full service design firm. We provide professional planning, architecture, interior design, branding, civil engineering and building measurement services to corporate, commercial/residential developer and public/institutional clients throughout the world. Our expertise includes: • Public I Government 0 Healthcare 0 Hospitality • Interiors • Science & Technology • Education • Office • Auto • Renovation • Industrial I Distribution • Restaurant I Retail • Sustainable Design • Master Planning • Residential 0 Infrastructure I Transportation A corporate member of the U.S. Green Building Council, Canada Green Building Council, and Sustentabilidad Para Mexico (SUME), we are available to provide sustainable design, LEEDO Design, LEEDO Management and WELL Building StandardTm services in accordance with the specific objectives for our clients' projects. Philosophy Ware Malcomb provides innovative design solutions, sophisticated management of projects and community and industry involvement, for the successful implementation of ideas. We have proven our ability to address all issues of a project through our excellence in design, rigorous attention to program requirements and superior service. We are committed to: • Partnering with our Clients • Providing the Highest Quality Design Solutions within Project Parameters • Our Clients' Financial Success for Each Project Our Firm • Founded in 1972. • 24 office locations across North America. • Planning, Architecture, Interior Design, Branding, Civil Engineering, Building Measurement services. Our Mission Ware Malcomb is Committed to Be the Best by: • Providing outstanding service through sound research, creative solutions and a genuine commitment to the success of our clients. • Achieving a growth oriented, ethical and profitable business environment. • Empowering our employees to achieve their highest level of performance. Y _ _ w � �-I nALCOMB 04.20.2020 PAGE {`�j 1 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Public Expertise Ware Malcomb offers a fresh perspective in the design of projects for public and nonprofit clients. Our diverse background in the private sector provides an innovative approach in both building design and master planning, as well as efficiencies in challenging schedules, budget parameters and exceptional execution. Ware Malcomb offers integrated services to make your process smoother and to provide a single point of contact for the various elements of your project. These services include master planning, architecture, civil engineering, interior architecture & design and branding services, including signage design. We understand the significance of the political process and public consultation, collaboration and consensus to ensure that citizens and interest groups have input in the process. We also realize that projects must be delivered on -time and on -budget with the highest quality design. We utilize the latest technologies (BIM, 3D modeling, animation, video and web presentations) to communicate our design intent and receive feedback from you and other stakeholders. Ultimately, it is our ability to listen, synthesize, and communicate effectively that enhances project success. Our dedicated wm I green team focuses on continual education of our staff and clients, expanding the use of sustainable design and being a resource to our clients in pursuing LEED Certification goals. VVe have over 40 projects that are pursuing some level of certification and over 30% of our staff is LEED Accredited. Ware Malcomb is flexible in our approach. We have successfully worked in both design I bid I build and design I build project scenarios. We are experienced working under the direction of a client's project manager. Ware Malcomb offers an innovative approach that brings the best of the private sector, to the public sector. Representative clients include the following: Select Public Clients: • City of Corona • City of Lake Forest • City of Los Angeles • City of Richmond • City of San Diego • State of California Department of Transportation Western Municipal Water District • Irvine Ranch Water District • Moulton Niguel Water District • Department of Water Resources • Southern California Edison • County of Orange • County of San Bernardino • County of Riverside • County of San Diego • Contra Costa County • City of Costa Mesa • General Services Administration • Los Angeles Air Force Base • United States Postal Service • United States Probation Department • Excelsior Youth Center Select Non Profit Clients: • Braille Institute • YMCA • Habitat for Humanity • Goodwi I I • Inland Regional Center • Bayside Community Center • RAFT, Resource Area for Teaching • Family Health Centers • Second Harvest Food Bank • Church in Irvine • Inland Valley Humane Society Y _ _ w�� �-I nALCOMB 04.20.2020 PAGE {`�j 2 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Interior Architecture & Design Expertise Ware Malcomb provides a full range of interior architecture and design services, and we are adept at working for both private and public entities on a variety of project types including corporate build to suit, creative office, developer/landlord, and property management tenant improvement services for a broad array of workplace environments. VVe are focused on providing creative, innovative modern design solutions that meet our clients' objectives. Our clients' success is our success. VVe specialize in the following types of interior design services: • Full Service Interior Architecture and Design • Workplace Strategy/Change Management • Tenant Improvements • Ongoing Facilities Interiors • Tenant Planning • Branded Environments I Graphic Design • LEED® I Sustainable Design I WELL Building • Office Roll -Outs One in five Fortune 100 companies are VVare Malcomb clients. Notable clients include: • Experian • Ericsson • Henkel • L'Oreal • Microsoft • Thales • Toyota • Qualcomm VVe are committed to providing integrated design services across North America and internationally. In addition to interior design, Ware Malcomb offers planning, architecture, civil engineering building measurement and branding services, including signage design and branded graphics. � -1 a� .-S it Y _ _ M2i w��-I T�VOMB 04.20.2020 PAGE {`�j 3 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Organizational Chart WARE NIALCONM Stephanie Fox, CID, LEED AP Project Manager Main Paint of Contact WARE NIALCONM Alfredo Vite, Architect, LEED AP Senior Job Captain WARE NIALCONM Mary Cheval, CID, IIDA, NCIDQ Principal WARE NIALCONO Wendy Crenshaw, NCIDQ, CID, LEED BD+C, WELL AP Director, Interior Architecture & Design ll may"' WARE NIALCONM Brandow & Johnston SYSKA Hennessy In -House Production Studio Structural & Civil Engineers Consultant Y _ _ w ff]F, 1V12"1_I_�COMB 04.20.2020 FAGE {`njt4 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 I"117o' 11` Mary Cheval, CID, IIDA, NCIDQ Principal Mary brings over 34 years of interior architecture and design expertise Education & to the Ware Malcomb team. As Principal, Interior Architecture & Certifications Design, Mary leads the overall growth and management of the • University of Interior Architecture & Design Studio for the Irvine office and provides Texas at Austin — Strategic Facilities Planning & Workplace Strategy expertise. She is Bachelor's Degree in also focused on client relationships and development. Interior Architectural Design Mary's experience includes overseeing all aspects of project design Certified Interior and management including visioning, programming, space planning, Designer schematic design, design development, agency processing, consultant International Interior coordination, contract documents, and contract administration. Her Design Association vast project expertise includes corporate office, science & technology, healthcare, education, retail and institutional. Experience Alliant Insurance - Multiple Locations On -going support for national account. Ware Malcomb provides interior architecture and design servies for Alliant Insurance. GSA Tustin - Tustin, CA Interior architecture and design services for a 70,000 SF tenant improvement. Griffin Towers - Santa Ana, CA Landlord architect services for two Class A office towers totaling 550,000 SF. The projects include ongoing tenant improvements, space planning, field verifications and test fits. The suites range from 1,500 SF to 20,000 SF. Segerstrom Office Portfolio - Costa Mesa, CA Ongoing architect for tenant improvement services within 4 office buildings - Park Tower, Center Tower, Plaza Tower and 3420 Bristol - totaling 1.3 million SF. Service provided included marketing plans, BOMA, field verifications, tenant planning services, programming, space planning, design development, con -tract documents, and contract administration. Y _ _ w�� �-I nALCOMB 04.20.2020 PAGE {`tj rJ DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 I"117o' 11` Wendy Crenshaw, NCIDQ, CID, LEED BD+C, WELL AP Director, Interior Architecture & Design Overview With over 30 years of experience, Wendy manages the Irvine Interior Architecture & Design Studio and oversees all interior projects. Wendy possesses a wide knowledge in all major product specifications including material finishes, lighting design and furniture. Wendy is a dynamic leader with extensive architecture and interior design knowledge. Wendy's project experience includes corporate headquarters, education, commercial office, retail/hospitality, institutional and science/technology. Experience Chino Valley Unified School District project. - Chino Valley, CA Interior architecture and design services for a 60,000 SF ground up facility for multiple administrative school district agencies. The building is designed as multiple office suites to support each departments function. The District Board Room as well as the departments with community interaction are located on the ground floor. The second floor suites are more support department such as purchasing and accounting. Santa Fe Springs Library - Santa Fe Springs, CA Interior architecture and design services for the 15,000 SF William Pereira Designed Library. Scope of work included reconstructed interior fire place, refurbished exterior custom metal pendant lights, replace single pane windows to thermally insulated glazing. Interior terrazzo floor at main entry, custom designed bamboo wood millwork and solatubes at children's area. New Coffee Bar, Children's area with Mom & me reading chairs, teen area, Private event and reading garden. previous experience Santa Fe Springs Neighborhood Center - Santa Fe Springs, CA Interior architecture and design services for a 17,000 SF Community Center. The goal was to create an environment that would support the center to provide more efficient and effective programs and services for the community at large. Areas include on site food pantry, Children's healing garden, youth learning center, full commercial kitchen, catering kitchen, meeting rooms for small groups and organizations. previous experience Education & Certifications • Auburn University - Bachelor of Science, Interior Design Y _ _ M2i 7dN�-I LVOMB 04.20.2020 PAGE 6 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 I "I, \ ' 1I - Stephanie Fox, CID, LEED AP Project Manager I Main Point of Contact Overview As Studio Manager, Stephanie brings a strong knowledge of all aspects of interior architecture and design to the Ware Malcomb team. Her experience includes the design and management of corporate office, science and technology, education, retail, entertainment, and healthcare projects. Stephanie's diverse skill set and dedication to every project she works on make her a valuable member of our team. Stephanie's responsibilities include taking projects from initial design concept and programming to document creation and construction administration. She has in-depth knowledge of computer aided drafting, 3D modeling and product and material information that keeps her current in the industry. Experience La Salle, 4 Hutton - Santa Ana, CA Interior architecture and design services for on call services for La Salle. Projects include test fit, space planning, interior renovations, and exterior renovations. ABM - Irvine, CA Interior architecture and design services for 40,000 SF tenant improvement of office and warehouse. The Company wanted an alternative workplace strategy that could enhance their day-to-day operations. The result was a new open office environment that provided ABM with more flexibility in the workplace. Private offices were replaced with conference rooms and benching stations to promote collaboration while maximizing real estate potential. Alliant Insurance - Multiple Locations On -going support for national account. Ware Malcomb provides interior architecture and design servies for Alliant Insurance. Braille Institute -Anaheim, CA Architecture and interior design services for a build -to -suit 14,735 SF, 1-story School for the Blind to teach the visually impaired life skills and how to navigate through the world with their impairment. The project included multi -purpose room, teaching kitchen, classrooms, offices, and courtyard. Education & Certifications Bachelor of Fine Arts — Interior Architectural Design — California State University, Long Beach • Certified Interior Designer, California • U.S. Green Building Council LEED Accredited Professional Y _ _ �XNARE VLALCOMB 04.20.2020 r'acE DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Alfredo Vite, Architect, LEED AP Senior Job Captain Overview As a licensed architect with over 7 years of experience, Alfredo brings a strong knowledge of interior architecture and design to the Ware Malcomb team. His responsibilities include the production of contract documents, space planning, furniture and fixture specification, and coordination with consultants. A LEED Accredited Professional, Alfredo is knowledgeable in sustainable design practices. Alfredo has expertise in corporate office, education, retail and healthcare projects. Experience ABM - Irvine, CA Interior architecture and design services for 40,000 SF tenant improvement of office and warehouse. The Company wanted an alternative workplace strategy that could enhance their day-to-day operations. The result was a new open office environment that provided ABM with more flexibility in the workplace. Private offices were replaced with conference rooms and benching stations to promote collaboration while maximizing real estate potential. Thaler - Irvine, CA Interior architecture and design, branding and civil engineering services for a 61,000 SF facility on a Ware Malcomb designed campus. The project includes an 8,300 SF customer experience center, open and private offices, R&D labs, warehouse, work cafe, and conference/ collaboration areas. St. Joseph Heritage Healthcare -Anaheim, CA Interior architecture and design services for a 200,000 SF tenant improvement within an 8-story Class A office building. The project includes office area, a break room, and gym. The projectwill consolidate several administrative departments for St. Joseph Heritage Healthcare. Pacifica Christian High School - Newport Beach, CA Architectural and interior design services for a remodel of an existing facility. The project included administrative offices, and replacement of light fixtures, windows, and doors, and furniture selection and finishes. The project also included parking lot restriping and ADA services. When future funding becomes available, Ware Malcomb will provide additional services as needed. Education & Certifications • California State Polytechnic University, Pomona - Bachelor of Architecture • LEED AP BD+C • LEED Accredited Professional • Licensed Architect, State of California Y _ - 7PR Mt LC,OMB 04.20.2020 PAGE DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 PROJECT UNDERSTANDING 1mD 25G-473 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Project Understanding Understanding of Need (In General): 1. Proposal shall include an outline which demonstrates the firm's understanding of the work. With a proactive, dedicated staff of highly experienced interior architecture and design professionals, we are focused on providing exceptional client service and excellence in interior architecture and design while assisting The City of Santa Ana in reaching its real estate objectives. Ware Malcomb will provide The City of Santa Ana Space Planning and Architectural Services on an as - needed or on -call basis for space planning and architectural services on a variety of projects. The areas of responsibility for Ware Malcomb and its team of consultants shall include architectural, space planning, structural, construction management, mechanical and electrical engineering, ADA survey, and move management services. On an on -call, as -needed basis, Ware Malcomb will provide professional services on specific, project -by -project basis, based on an agreed -upon scope of services and fees. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. 2. Anticipated approach, tasks necessary for successful completion, and deliverables. Our approach and objective is to provide The City of Santa Ana with consistent design, service and speed for every project. We incorporate this objective by defining and implementing specific procedural activities and systems into all aspects of our service deliverables. Ware Malcomb is well -versed in effectively managing multiple projects including the development of client -specific, centralized standards, as well as other customized protocols, systems, processes and preferences. Every project begins with thoroughly understanding our client's goals to provide the highest level of service possible to achieve those goals. We believe the success of a project requires the Project Team to function as a cohesive unit, all working towards the same ultimate goal. The cornerstone of this process is communication, and the open exchange of information and ideas in a collaborative, focused forum environment. We understand the importance of effective communication and will report regularly on issues affecting design, construction budgets and schedules. At the commencement of each project we will meet with The City of Santa Ana to understand protocol, visit the project site, establish regular communication channels, verify team roles, and get a clear understanding of the project goals. Y _ _ J"RIF,nALCOMB 04.20.2020 PAGE DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Project Understanding Our hands-on management team and experienced, professional staff take ownership of their projects with the highest priority to provide successful results to our clients. Ware Malcomb's Project Manager will serve as the main point -of -contact to The City of Santa Ana, overseeing contract administration, review of scope and work products, supervision of project staff, control of project progress, quality assurance/ quality control (QA/QC) and coordination with the project team and all other related agencies, as required. To complement our service -oriented approach, Ware'` Malcomb has a unique and innovative in-house group, SINT known as The Production Studio, dedicated to the production of high quality contract documents and provides our project managers with access to a large group of trained staff dedicated to drawing and coordinating contract documents. This comprehensive program has proven to be highly successful and has enabled us to consistently produce contract drawings that are complete, accurate, and coordinated project to project. These customized programs paired with our deep bench of resources nationwide will allow our team to successfully service The City of Santa Ana on an ongoing on -call basis. 3. Suggestions or special concerns that the City should be made aware of. Hiring for and coordinating the move process. When we are asked to assist in the coordination process we believe that having good relocation plans are critical. A plan that is noted with the key call outs allowing movers to know precisely where a piece of furniture is to be kept is critical. We work closely with the Construction/Project Manager to ensure that the plan is approved with appropriate stakeholders, then reviewed in person with the moving company to immediately address areas of ambiguity. In the hiring process of a moving company, we are not typically involved in those activities, but we do know trusted industry partners that have proven to be exceptional in understanding the key components of a successful move and we would team with them to ensure success! 4. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. We've identified and included as part of our general Scope of Work in Section G, assumptions and/or exclusions. Y _ _ 7gNARI NIALC,OMB 04.20.2020 PAGE 1© DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 RELEVANT PROJECT EXPERIENCE 25G-476 1mE DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Relevant Projects: Public Agencies Inyo County Office Building - Bishop, CA Interior and exterior architectural and design services for a two story 42,000 SF shell and core office building. The project also included comprehensive tenant improvement services. Antcipated Completion Date, 2020 Client Contact Information: Rick Martin Clear Thought Group rick@clearthoughtcorporation.com 714.310.8649 Irvine Ranch Water District Source H2O - Irvine, CA Architectural design services for the core and shell of a new 69,968 SF 2-story office building with roof deck on the property of the Irvine Ranch Vllater District, with parking and landscape improvements to the site. Adjacent to the Irvine Ranch Water District's headquarters, the area surrounding this project has seen rapid growth. Anticipated Completion Date, January 2020 Client Contact Information: Anthony J. Vaccaro Senior Vice President Newport Real Estate Services, Inc. avaccaro@nres.net 714.850.0085 x7656 Orange County Social Services Agency - Irvine, CA Interior architecture and design services for a commercial office infill of two existing buildings. The scope included full service interior architectural design services.ln progress. Tenant Contact Information: Martha Santos -Alvarez Orange County Social Services Agency 714.245.6045 Martha.Santosalvarez@ssa.ocgov.com 7 n- GSA 1 US Citizenship & Immigration Services - Tustin, CA Interior architecture and design services for a 70,000 SF tenant improvement. Included LEED consulting. Completed 2019. Client Contact Information: Joon Choi Harbor Associates LLC joon@harborassociates.com 562.436.6688 Department of Public Social Services - Temecula, CA Interior architectural and design services for two single story, 50,000 square foot tenant improvements for use with heavy public access for department of public social services program services and training. The project includes private offices, open space for the placement of systems furniture, and training rooms. Completed, 2010. Client Contact Information: Kip P. Dubbs President & CEO Omni West Group, Inc. kdubbs@omniwestgroup.com 949.215.9790 Y _ _ � "�-I nALCOMB 04.20.2020 PAGE 11 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Relevant Projects: Public Agencies Moulton Niguel Water District - Laugna Hills, CA Architectural and civil engineering design services for 5 buildings totalling 85,000 SF with full tenant improvements. The project is located at an existing 11 acre site currently occupied by operations facilities. The scope includes the validation of the program done by others, space planning, and SiteOPs. Anticipated Completion Date, December 2020 Client Contact Information: Dave Larsen, PE Engineering Manager Moulton Niguel Water District dlarsen@mnwd.com 949.831.2500 Western Municipal Water District - Riverside, CA Full service interior design and branding services for 50,000 SF of office space including general office, conference rooms, workout facilities with showers and locker room, and council chambers for public meetings. Ware Malcomb provided both interior design and graphic design services to create a branded environment where a unique office space was created to reflect Western Municipal Water District's distinctive brand and important customer and constituent messaging. The project incorporates numerous sustainable design features and is LEED-CS Silver Certified by the USGBC. Completed, September 1, 2010 Client Contact Information: Anita Pearson Management Analyst Western Municipal Water District apearson@wmwd.com 951.571.7231 P� Olt Inland Regional Center - San Bernardino, CA Full service planning, architecture, interior design and branding services for a new build -to -suit three - building office campus, with a lobby bridge building totaling 206,209 SF. The two 2-story buildings include information technology rooms, private and open office environments, conference rooms, a mail room and break area. The third building is a two- story, 31,295 SF conference and workforce center housing an auditorium, classroom areas for training purposes, and a consumer library. The auditorium contains sophisticated audio/visual capabilities. Ware Malcomb provided graphic design services for the project's monument, interior, and exterior signage. Inland Regional Center was designed to provide advocacy for and assistance to the developmentally disabled population of Riverside and San Bernardino Counties. The new buildings are located in the 31-acre Waterman Business Park in San Bernardino. The project is owned and developed by California Housing Foundation of Redlands. Completed, September 20, 2009 Client Contact Information: Steve von Rajcs California Housing Foundation svonrajcs@chfcares.com 909.793.9800 Y _ _ 7 ff]F,NIALC,OMB 04.20.2020 PAGE 12 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Relevant Projects: Ongoing/On-call Services Alliant Insurance - Multiple Locations On -going support for national account. Ware Malcomb provides interior architecture and design servies for Alliant Insurance. Segerstrom Office Portfolio - Costa Mesa, CA Landlord architect for ongoing tenant improvement services within 4 office buildings - Park Tower, Center Tower, Plaza Tower and 3420 Bristol - totaling 1.3 million SF. Service provided included marketing plans, BOMA, field verifications, tenant planning services, programming, space planning, design development, con -tract documents, and contract administration. Summit Office Campus —Aliso Viejo, CA Landlord architect services for two 4-story, Class A office buildings totaling over 250,000 SF. Services include tenant improvements, test fits, demising studies, common area renovations and rebranding of amenity and exteriors. Ware Malcomb has also provided a refresh of the existing building standards. Centerview — Irvine, CA Landlord architect services for two 12-story, Class office buildings totaling approximately 600,000 SF of office space. Services included space planning, test fits, tenant improvements and renovations to the common areas and lobby. University of California, Irvine (UCI) Ware Malcomb has had the privilege of providing interior design and architecture services for over 25 UCI, UCI Facilities Management, and UCI Medical Center projects including tenant improvements, renovations, ground - up, and science & technology projects. The projects included healthcare, labs, office space, classrooms, and dormitories. Ware Malcomb currently has a Master Services Agreement in place with UCI to provide on -call architectural design services. r I - 9 "w" Ww"71 j_g" L wa Charter Communications/Spectrum Architectural and interior design services for Charter Communications stores across the US. The retail stores include payment centers, equipment displays and exchange/return areas. Charter Communications is implementing a strategy to transform their stores into retail 1 customer friendly environments. The new stores will allow customers to interact with their products and services at multiple demonstration areas with sales associates while offering a one -stop shop for any transactions needed. Thales - Multiple Locations Across the U.S. Ware Malcomb has provided interior architecture and design services for over 50 Thales projects spanning over 10 years. Ware Malcomb provided full service interior architecture and design services for the Thales Corporate Headquarters relocation project located in Irvine, California. Thales' objectives for the project included designing a flexible manufacturing environment and modernizing their outdated office space. The project included 150,000 SF of two-story office and lab space for in-flight entertainment systems for major airline manufacturers. Y M2i _ _ ����-I T�VOMB 04.20.2020 PAGE 13 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 REFERENCES 25G-4S0 1mF DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Public Works References Joon Choi US Citizenship & Immigration Services Harbor Associates LLC 562.436.6688 joon@harborassociates.com Rick Martin Inyo County Clear Thought Group 714.310.8649 rick@clearthoughtcorporation.com Martha Santos -Alvarez Orange County Social Services Agency 714.245.6045 Martha.Santosalvarez@ssa.ocgov.com 500 N. State College Blvd #100, Orange, 92868 Y _ _ A �XNARI I VLALCOMB 04-20.2020 PAGE }v( 14 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Select Project Photography 3 &I AV J k,mo - �+ Z Y N4,1_ _ AJ"RE nALCOMB 04.20.2020 FAGE yv{ 15 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Select Project Photography I Y _ _ AffIF MA.VOMB p4.20.2020 PAGE L}7( 16 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Select Project Photography A , I :f r r T m -Y M2i _ - 8 4"F LVOMB 04.20.2020 PAGE 17 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 SCOPE OF SERVICES 0i 25G-4S5 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT April 20, 2020 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Proposal for Interior Architectural Design and Engineering Services Space Planning and Architectural Consulting Services Santa Ana, CA I. Project Description: Our proposal is based upon the Request for Proposal (RFP No.: 20-040) and outlines Interior Architecture & Design and Engineering services for a variety of projects on an "as -needed" or "on -call" basis for the City of Santa Ana. This proposal outlines general services. A more detailed scope of work, fee and project schedule shall be provided when a specific project proposal is requested by the City of Santa Ana. A. The following disciplines are to be included under Ware Malcomb's scope and responsibility: 1. Interior Architectural Design Ware Malcomb 2. Structural Engineering Brandow & Johnston 3. Electrical, Mechanical & Plumbing Engineering Syska Hennessy B. The following disciplines are excluded from Ware Malcomb's scope and responsibility, however they may be required for the project: 1. Commissioning Agent 2. Environmental Consultant 3. Structured Cabling Consultant 4. Acoustical Engineer 5. Audio/Visual Consultant II. Interior Architecture Basic Services: A. Programming Phase: Ware Malcomb proposes to provide planning services to City of Santa Ana through interviews and analysis, to arrive at overall space needs and relationships as follows: 10 Edelman, Irvine, CA 92618 P 949.660.9128 "'28 1 4 8 6 4.20.2020 PAGE 1 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT 1. Meet with the City of Santa Ana Project Team to review program requirements as already determined and outlined, review responsibilities, budget, schedules and procedures. 2. With City of Santa Ana's assistance, schedule interviewing of designated personnel to determine the size of each department or area, adjacency requirements and basic information about their preferred work station/office layout. 3. Document and submit program interviews for City of Santa Ana Project Team's concurrence. 4. Become familiar with office equipment usage and related power, ventilation, storage or other requirements. 5. Provide final program summary report for review/comment. 6. Ware Malcomb has included (1) one revision (up to 25% of the data originally provided) to Program Summary upon review. 7. Review outlined project schedule and budgets for any concerns. 8. Ware Malcomb shall attend up to [# of meetings in words] (#of meetings) one -hour programming meetings. To be determined based on specific projectscope. 9. It is anticipated that this phase will be [# of weeks in words] (#of weeks) weeks. To be determined based on specific project scope. B. Site Analysis / Field Verification Phase: 1. Based upon accurate electronic CAD drawings provided by others, Ware Malcomb shall verify existing conditions in the scope of work area. We have assumed the existing base drawings are accurate. NOTE- Base building or as -built measuring services are excluded, but maybe provided for an additional fee, if required. 2. Field verification shall include survey of existing walls [ADD IF INCLUDED IN FEE - millwork, electrical outlets, ceiling grids, and lighting]. 3. Our Field Verification is based on those building elements that are visible without the removal of the built -out space (such as ceilings, hidden conditions in walls, or structures). 4. As -built plans, as deemed appropriate or necessary, shall be provided as an additional service. 10 Edelman, Irvine, CA 92618 P 949.660.9128 F "28 4 8 7 4.20.2020 PAGE 2 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT C. Space Planning Phase: 1. Based on the final program, Ware Malcomb will provide a space plan, which will indicate the location of rooms, circulation paths, partitions, doors and a suggested furniture layout will be blocked out. Ware Malcomb will provide two (2) minor revisions (less than 10%) as required. 2. Review the plans for conformance to codes and make recommendations as necessary to meet local building and fire department requirements. 3. Ware Malcomb shall attend up to [# of meetings in words] (#of meetings) one -hour meetings for design/review. To be determined based on specific project scope. 4. It is anticipated that this phase will be [# of weeks in words] (#of weeks) weeks. To be determined based on specific project scope. D. Schematic Design Phase: Ware Malcomb shall provide the Schematic Design for the areas outlined above through the following: 1. Based on the program, refined space plan and City of Santa Ana standards, Ware Malcomb shall provide sketches and loose material selections to communicate concepts and ideas for the space outlined above. These shall be reviewed with City of Santa Ana for conformance to their image for each area. 2. Upon approval, Ware Malcomb shall prepare Preliminary Pricing Plans including additional information for City of Santa Ana's General Contractor to provide a preliminary budget price. Preliminary Pricing Plans shall include: a. Partition Plan: Noting locations of full height walls, if required. b. Power/Signal Plan: Power and data locations and any (known) specialty power requirements. C. Reflected Ceiling Plan: Ceiling Types (i.e. ACT, gypsum board, or open to structure) and light fixture type/quantity. Actual specifications will remain as "to be determined" at this stage. d. Finish Plan (Floor &Wall): If already determined by the tenant/owner, finishes (by generic type) will be hatched / noted on the plan for location and provided with a budgetary material cost/allowance per SF. 3. Ware Malcomb shall review the budget pricing prepared by a designated Contractor and present costs to City of Santa Ana for review. 4. Ware Malcomb shall provide two (2) loose finish palettes/concepts. 10 Edelman, Irvine, CA 92618 P 949.660.9128 F 9491 4 8 8 28 4.20.2020 PAGE 3 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT 5. [OPTIONAL] Ware Malcomb has included [# of views in words] (#of views) Revit / Enscape rendering views per below, with one (1) minor revision per view included (less than 10% change each). To be determined based on specific project scope. 6. Ware Malcomb shall attend up to [# of meetings in words] (#of meetings) one -hour meetings for design and review. To be determined based on specific projectscope. 7. It is anticipated that this phase will be [# of weeks in words] (#of weeks) weeks. To be determined based on specific project scope. E. Design Development Phase: 1. Based on the approved Schematic Design, Ware Malcomb shall provide final Design Development to include plans with fixed dimension, elevations, relevant details, electrical and lighting solutions to provide City of Santa Ana a representation of the final design. 2. Present final finish palette that shows all materials, finishes and colors. One (1) minor revision (a maximum of 10%) is included. 3. [OPTIONAL] Rendered Views that were previously provided will be updated, based on the approved Design Development package, with one (1) minor revision per view included (less than 10% change each). To be determined based on specific project scope. 4. Provide plans and other design information to Consultants as directed by City of Santa Ana. 5. Provide progress prints of plans and other design information for preliminary pricing by a General Contractor and for review by City of Santa Ana. 6. Assist City of Santa Ana in evaluating preliminary pricing and other project information. 7. Ware Malcomb shall attend up to [# of meetings in words] (#of meetings) one -hour meetings for design and review. To be determined based on specific projectscope. 8. It is anticipated that this phase will be [# of weeks in words] (#of weeks) weeks. To be determined based on specific project scope. F. Contract Documents Phase: Prepare Contract Documents based on the approved Design Development documents or as authorized by City of Santa Ana. The documents shall set forth in detail the requirements for construction of the project. The scope of work shall include the following: 1. Prepare Interior Architectural Contract Documents of the project. A Project Manual is not included, but may be added for an Additional Service. 10 Edelman, Irvine, CA 92618 P 949.660.9128 "'28 1 489 4.20.2020 PAGE 4 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT 2. Provide Mechanical, Electrical, Plumbing and Structural Contract Documents. 3. Ware Malcomb shall provide general coordination with documents prepared by its engineers and consultants, and coordination with City of Santa Ana consultants, contractors, engineers and vendors. 4. Ware Malcomb shall submit the Contract Documents to the Building Department, Building Landlord, Health Department (if applicable), and Fire Department for Plan Check Review, if requested, otherwise Ware Malcomb shall submit to General Contractor for submittal. Submittals to special jurisdictions such as City Planning, Airport Authority, etc. is not included but may be included as an additional service upon request. Ware Malcomb is not responsible for plan check review times. 5. Plan Runner/Expeditor Services, if utilized, will be passed through as a reimbursable expense. 6. Ware Malcomb shall review and update a Project Schedule with the City of Santa Ana Team, if necessary. 7. Ware Malcomb shall review with the City of Santa Ana Team the updated cost estimate prepared by a designated Consultant or Contractor. 8. Ware Malcomb shall attend up to [# of meetings in words] (#of meetings) one -hour meetings. One of the meetings shall be a Page -Turn meeting and/or "Sign -off' of Contract Document Drawings, prior to submitting for Permit, or issuing for Bid. To be determined based on specific project scope. 9. It is anticipated that this phase will be [# of weeks in words] (#of weeks) weeks, excluding plan check duration. To be determined based on specific project scope. G. Bidding Assistance & Coordination Phase: 1. After City of Santa Ana's approval of the Contract Documents, Ware Malcomb shall assemble bid packages and transmit the documents to a pre -approved list of general contractors for construction bids, for up to three (3) general contractors. 2. Assist and advise City of Santa Ana in the analysis of cost quotes, bids and/or proposals, and the content, issuance and /or awarding of final contracts and purchase orders. 3. Ware Malcomb shall conduct a one -hour [in -person / video conference] pre -bid meeting to allow contractors and subcontractors the opportunity to request clarification of the Contract Documents. Ware Malcomb shall be available throughout the bidding process, within the allotted hours provided by the Bidding Assistance & Coordination Phase Fee, to answer questions from the bidders. 10 Edelman, Irvine, CA 92618 P 949.660.9128 F "28 490 4.20.2020 PAGE 5 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT H. Contract Administration: 1. Ware Malcomb will visit the site up to a maximum of [number of visits in words] (# of visits) visits for approximately one (1) hour per visit during the anticipated project duration of [# of weeks in words] (#of weeks) weeks. Construction duration has been estimated, and will need to be confirmed by the awarded General Contractor. If significantly longer than the anticipated duration, additional services may be required. To be determined based on specific project scope. 2. Visits are to become generally familiar with and keep the Client informed about the progress and quality of the portions of the work completed. Ware Malcomb will determine in general if the work is being performed in a manner indicating that the work, when fully completed, will be in accordance with the Contract Documents. Continuous on -site inspections are excluded. 3. Issue clarification sketches in a timely manner, based on receipt of written RFI's prepared by the General Contractor. 4. Review Contractor submittals and take appropriate action for the limited purpose of checking conformance with the design concept conveyed in documents prepared by Ware Malcomb. 5. Have the authority to reject work that does not conform to the Contract Documents, however, neither this authority nor the decision in good faith whether to exercise it, shall give rise to a responsibility or duty of Ware Malcomb, subcontractors or others performing portions of the work. 6. Coordinate with Contractor in its responsibility to prepare a punch list and comply with closeout procedures and submittals. Ware Malcomb shall perform one (1) punch walk and one (1) follow-up job walk within the scope of Basic Services. 7. Review Contractor's applications for payment, based on Ware Malcomb's best knowledge, information and belief, subject to any subsequently discovered information. I. [OPTIONAL] Project Close -Out / Record Drawings: 1. City of Santa Ana's General Contractor shall provide the Ware Malcomb team a single composite set of final on site `red -lined' construction plans. 2. Ware Malcomb team will incorporate the 'red -lined' plans, final bulletins, RFI's and revisions documented in the plans provided by the General Contractor. 3. Final'Record Drawings' sets will be provided to City of Santa Ana in a .PDF format. 4. It is anticipated that this phase will take two (2) weeks from receipt of the final 'red -lined' drawings. To be determined based on specific project scope. 5. Ware Malcomb can prepare a Letter of Substantial Completion, when applicable. 10 Edelman, Irvine, CA 92618 P 949.660.9128 F "28 491 V 4.20.2020 PAGE 6 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT 3. [OPTIONAL] Furniture Coordination — Full RFP Process: 1. Ware Malcomb shall assist in the selection of new furniture for City of Santa Ana. Selection process shall include the following: a. Provide a digital `Look Book' of various furniture for the open and enclosed office areas, conference rooms and miscellaneous furniture. b. Conduct tours of manufacturers' showrooms (3 maximum) for the purposes of exposing the team to the various components of the furniture system. C. Provide an evaluation matrix for City of Santa Ana review outlining the differences in the product offering. d. Prepare a Request for Proposal for the bidding of the furniture scope of work which will include typical layouts and typical generic specifications. Ware Malcomb shall also provide coordination of the bid process. e. Upon completion of the bidding process, Ware Malcomb shall update the evaluation matrix and distribute this to City of Santa Ana for review and final selection. f. Once the bids have been reviewed and a final selection made, Ware Malcomb shall assist in the specification of the furniture. The final specifications shall be provided by the selected dealer. Ware Malcomb shall review the final specifications for conformance to the original design intent with a maximum of two (2) minor (less than 10% change) revisions. g. [OPTIONAL - Provide a furniture plan indicating the location of each piece of furniture. The final furniture installation plan shall be provided by the selected furniture dealer.] h. Coordination with designated furniture manufacturers and dealers, equipment suppliers and vendors and/or installers to establish critical dimensions (to accommodate furniture layouts) and ascertain other appropriate information. Installation documents for furniture and equipment will be the responsibility of the selected furniture vendor. i. Provide furniture contract administration including installation coordination and provide one punch list indicating items that the manufacturer is required to correct to meet the expectations of City of Santa Ana. 2. Develop and provide furniture and furnishing pricing estimates with assistance from manufacturers/dealers. 3. Provide furniture contract administration including installation coordination and provide one punch list indicating items that the manufacturer is required to correct to meet the expectations of City of Santa Ana. 10 Edelman, Irvine, CA 92618 P 949.660.9128 F "28 492 4.20.2020 PAGE 7 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT K. [OPTIONAL] Furniture Coordination — Limited Scope: 1. Ware Malcomb shall assist in the selection of new furniture for City of Santa Ana. Selection process shall include the following: a. Provide a digital 'Look Book' of two vendors for the open and enclosed office areas, conference rooms and miscellaneous furniture. b. Coordinate with one selected vendor within their line. C. Once a final selection made, Ware Malcomb shall assist in the specification of the furniture. The final specifications shall be provided by the selected dealer. Ware Malcomb shall review the final specifications for conformance to the original design intent. d. Ware Malcomb shall provide coordination with designated furniture manufacturers and dealers, equipment suppliers and vendors and/or installers to establish critical dimensions (to accommodate furniture layouts) and ascertain other appropriate information. Installation documents for furniture and equipment will be the responsibility of the selected furniture vendor. III. Excluded Services: Ware Malcomb will not provide the services listed below: A. Soils engineering or reports. B. Site surveys, services or reports. C. Fire suppression or alarm systems (design -build). D. Special studies such as Traffic, Noise, Utility, Acoustical or Environmental studies. E. Off -Site Improvements. F. Hazardous materials identification, storage, or abatement. G. Roofing or waterproofing Inspection. H. Confirmation and/or verification of the accuracy and/or completeness of documents or information received from others. I. Storage or Racking design. 10 Edelman, Irvine, CA 92618 P 949.660.9128 F 9491 493 28V 4.20.2020 PAGE 8 of 10 DocuSign Envelope ID: 1BA90275-CO48-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT IV. Supplemental Services: The following items are not contemplated or included within Ware Malcomb's Scope or Fee. Ware Malcomb may perform certain services among the list below as an additional service and for an additional fee. A. ADA Survey B. Workplace Strategy C. Change Management / Communications D. Existing Furniture inventories E. Furniture selection / coordination F. Furniture installation plans of final specifications G. Record drawings H. Perspective or 3D Renderings, Virtual Reality, Panoramic Images, or Animation fly throughs I. Branding services such as Identity/Logo, Stationery System, Branding, Marketing Materials/Leasing Brochures, Website, Multi -Media Presentations, and Environmental Graphics 3. Changes to the Program or building area K. Specialty Retail or Salon Fixture Displays / Millwork L. Permits or Agency fees M. Changes or revisions subsequent to completion of Design Development Phase including contractor Value Engineering, except for those required for refinement or code compliance N. Signage or Public Art selection 0. Project Manual or Specification Book/Binder P. Landscape Design or Documents Q. Kitchen Design or Consultants R. Preparation of meeting minutes during construction S. Contract Administration more than 15 days beyond date of substantial completion T. Multiple bid processes or negotiations with General Contractors U. Contractor submittal reviews beyond the initial review and one backcheck V. Cost Estimating Services. W. Retaining wall design X. Design of non-standard structural systems due to sub -grade seismic or soils conditions Y. BOMA Calculations Z. Lighting design, audio visual or communication consultants AA. Acoustical design BB. Material Handling Coordination CC. Equipment As-Builts DD. Racking coordination EE. Emergency generator and fuel system design or storage tanks FF. Parcel maps, lot line adjustments, zone changes or environmental clearances GG. Variances or Entitlements, Legal Descriptions, or Special Planning Processes HH. Any and all other services not specifically described as part of the Basic Services 10 Edelman, Irvine, CA 92618 P 949.660.9128 F 9491 494 28V 4.20.2020 PAGE 9 of 10 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 WARE NIALCON B ARCHITECTURE PLANNING INTERIORS CIVIL ENGINEERING BRANDING BUILDING MEASUREMENT V. Compensation: To be determined based on specific project scope. Note: Ware Malcomb offers the following additional/integrated/in-house services. We may perform any or all of these services at your request for an additional fee: a. LEED9 Coordination & Management b. Branding (including Signage) C. Civil Engineering VI. Reimbursable Expenses: Standard expenses are in addition to our fees. Reimbursable expenses for such things as printing, plotting, renderings requested by Owner, postage and handling, delivery costs, travel and mileage, reproductions and facsimiles, are charged at the standard rate of cost plus fifteen percent (15%).The Client shall be responsible for plan check fees and shall provide payment directly to the Authority having Jurisdiction; plan check fees will not be handled as a reimbursable expense. VII. Payment to Ware Malcomb: All payments shall be due upon receipt of invoice, or as mutually agreed via a written contract. Billings shall be based on a percentage of completion on a Phase basis. Fees for all services up to and including Contract Documents and any unpaid billings shall be due and paid prior to submittal for agency plan check. Thank you for this opportunity and we look forward to working with you. Best regards, Ware Malcomb Mary Cheval, NCIDQ, CID, IIDA Principal 10 Edelman, Irvine, CA 92618 P 949.660.9128 F "28 495 4.20.2020 PAGE 10 of 10 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 FEE PROPOSAL 25G-496 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Fee Proposal The fee propssal has been submitted concurrently with the technical proposal, but submitted separately per the RFP. Y _ _ I��� L-I nALCOMB 04.20.2020 PAGE {`�j 19 DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 CERTIFICATIONS 25G-498 rA I DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Appendix ATTACHMENT 3 CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20th day of April , 2020, by Mary Cheval , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana RFP 20-040 26 G � 9 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 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 $100,000 and that all such subrecipients shall certify and disclose accordinaly. Signed: Title: Principal Firm: Ware Malcomb Date: April 20, 2020 City of Santa Anpa�RFP 20-040 26G-50 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 NON-DISCRIMINATION CERTIFICATION The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor 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 Contractor 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 Contractor'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 Contractor 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 2V 20-040 A - 1 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 7. The Contractor 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 Contractor becomes involved in, or is threatened with, litigation with a subContractor or Contractor as a result of such direction by the administering agency, the Contractor 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 Contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Principal Firm: Ware Malcomb Date: April 20, 2020 City of OIZ0-040 A- L DocuSign Envelope ID: 1 BA90275-0048-437F-ACEC-13F73597F313 SUBCONSULTANT QUALIFICATIONS :�J 25G-503 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Brandow Uohnston 700 South Flower Street, Suite 1800 Los Angeles, California 90017 p.213.596.4500 1 ww.bjsce.com W Newport Beach Office 0 3300 Irvine Avenue, Suite 245 0 L Newport Beach, California 92660 p. 949.862.8500 1� Brandow & Johnston, with offices in downtown Los Angeles and Newport Beach, is the premier IL' structural and civil engineering firm in Southern California. We provide state-of-the-art structural U and civil engineering design, and related professional consultative and forensic services. Our firm is proud to be identified among those who built the Los Angeles we see today. Two visionary and legendary structural engineers - George Brandow and Roy Johnston - started as partners in 1945 to engineer the first height limited buildings constructed in Los Angeles after World War II, the first over height building allowed by ordinance, the first all welded structural steel office building, and the city's first major high rise. Since then, with expertise in every building type,every construction method, and every material alternative, we've successfully completed over 35,000 projects. Throughout our seven decades of professional practice, Brandow & Johnston has built on a rock solid foundation of experience and client service to become the leader in Southern California in structural and earthquake engineering. At Brandow & Johnston, we understand your needs, commit to your success, and exceed your expectations. Our engineering services will be responsive, innovative, and always mindful of the demands of time and budget. Our Structural Engineering services begin at the earliest stages of project conception and continue throughout project planning, final design and construction, ensuring client satisfaction. We provide responsible engineering, efficient designs, and we are committed to creating sustainable and low impact developments. Catering to both public and private clients, we pride ourselves in maintaining long term relationships based on successful work performed and integrity. As early adopters of the revolutionary Revit Structure software using Building Information Modeling (BIM), we have become pioneers efficiently leading the way from project inception to completion. Todate, we have completed over 1,000 projects using Revit(BIM). Brandow &Johnston is adequately staffed with licensed engineers that specialize in public buildings. These professionals work diligently to design and engineer structures that meet all state and local agency requirements as well as adhering to all currentcodes. Structural BRAN DOW & JOHNSTON 25G —5OT structural + civil engineers a I DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 OTHER EXPERIENCE ON CALL SERVICES INCLUDE: Orange County Public Works City of Burbank City of Beverly Hills City of Rancho Cucamonga County of Los Angeles USG On Call List City of Anaheim Convention Center The Aerospace Corporation City, County and Port of San Diego Division of the State Architect. Plan Review The California State University, Fullerton CITY OF BEVERLY HILLS, Beverly Hills, CA Public Works Maintenance Warehouse Chamber of Commerce, Building Remodel Roxbury Park Community Center Fire Station No. 2 Police Facility, EOC Expansion CITY OF BURBANK, Burbank, CA City Yard Services Building Seismic Strengthening and Alterations Verdugo Recreation Center Olive Recreation Center Refuse Locker Room Police Pistol Range Fire Station #16 Starlight Amphitheater Field Services/Administration Building COUNTY OF LOS ANGELES Street Supervisor's Office Police Evidence Building Administrative Services Building Wells Fargo Building Water Reclamation — Blower Building Water Reclamation — Operations Building McCambridge Recreation Center Rowland Heights Community Center, Rowland Heights, CA DMH San Fernando Mental Health Feasibility Study, San Fernando, CA Mental Health Facility Scoping Documents, Arcadia, CA LAC/HUCLA CCC & HUB Tenant Improvements, Torrance, CA LAC+USC Medical Center Parking Structure Stair Replacement, Los Angeles, CA LAC+USC Medical Center Protective Canopy, Los Angeles, CA VIP North Hall Renovation LAC+USC Medical Center, Los Angeles, CA Fire Station #143 Scoping Drawings, Santa Clarita, CA CITY OF BALDWIN PARK, Baldwin Park, CA Zocalo Civic Plaza and New Retail Building CITY OF PASADENA, Pasadena, CA Seismic Evaluation Report for Fire Station #39 Indoor/Outdoor Firing Range, Pasadena Police Department Structural BRAN DOW & JOHNSTON structural + civil engineers 25G-505 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Pearson, Jim Pearson has 28 years of experience in the structural engineering field which includes new building design and the rehabilitation of existing structures in both the public and private sectors. He brings vast expertise over wide range of structural systems including concrete, steel, wood, masonry and structural metal studs. His portfolio includes many municipal and public works projects as well as public education, private retail, residential and office buildings. Mr. Pearson is the President of Brandow & Johnston, A 75- year old Structural and Civil Engineering firm of over 40 highly qualified engineers and staff. Education: Representative Projects- B.S. Architectural Engineering LA-RICS LMR (Land Mobile Radio)] 13 Full Design Sites + 5 Ca! Poly San Luis Obispo Partial Design Sites, Los Angeles, CA Registrations/Certifications: Civil Engineer, California No.54484 Structural Engineer, Californiallo.4335 Experience: Brandow & Johnston 2016 - Present Safful Bouquet, Inc. 1996-2016 Englekirk Structural Engineers 1992-1999 Professional Organizations: SEAOSC_Structura! Engineers Association of So uthern California AISC American Institute of Steel Construction CASH Coalition ForAdequate School Ho using LA-RICS LTE Phase 2 18 sites Los Angeles, CA DPW Data Center Feasibility Study Pomona, CA Kaiser Southbay Central Plant Upgrades Harbor City, CA UCLA Steam Tunnel Seismic Upgrades Westwood, CA Casa Colina Rehabilitation Hospital Central Plant Pomona, CA Inglewood Water Treatment Facilitylmprovements Inglewood, CA Vasquez Rocks County Park Ranger Station Agua Dulce, CA Vasquez Rocks County Park Interpretive Center Agua Dulce, CA Enterprise Park Pool Building Replacement Willow Brook, CA Ted Watkins County Pool Los Angeles, CA Manhattan Beach Library Manhattan Beach, CA Topanga Canyon Library To panga, CA County Fire Fleet Maintenance Office Los Angeles, CA New Office Space Hollywood Recreation Center Park, New Pool Building and Facilities, Hollywood, CA Echo Park Recreation Center, Renovation and Moderniza- tion, Echo Park, CA Echo Park Indoor Pool, Reconstruction with Seismic Retrofit of Damaged Natatorium, Echo Park, CA City of Los Angeles Recreation and Parks Department Hollywood Park Pool, Hollywood, CA Structural Echo Park Rec. Center, Echo Park, CA Echo Park Pool, Echo Park, CA BRANDOW &JOHNSTON 25G-506 structural +civil engineers a I DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Caravalho, Kim Caravalho has 29 years of structural design experience, 20 with Brandow & Johnston. Ms. Caravalho's attention to detail and ability to bring projects in on time and on budget regardless of size and scope is extraordinary. Her experience and expertise with municipal projects, student housing, K-12 education, higher education, laboratories and tenant improvement projects has molded Kim into a very well-rounded structural engineer. She is comfortable taking on challenging projects and providing safe, high -quality and award winning design solutions for our clients. As Vice President, Ms. Caravalho is a true leader and champion to our young engineers. She is responsible for all phases of design development, detailing, construction administration and client interface. Not only is she a leader in the office; outside of the office she is very active in professional organizations and most notably assists in exam development for Professional Engineers in California. Education: Representative Projects: University of Southern California Canyon Country Community Center, City of Santa Clarita MSCE & BSCE Santa Clarita, CA Registrations/Certifications: Civil Engineer, California No. 57164 Structural Engineer, California No. 4896 Professional Engineer, Iowa P24915 Professional Engineer, Connecticut PEN.0031457 Professional Engineer, Colorado PE 0053089 Structural Engineer, Arizona PE 64539 Professional Engineer, Florida 85742 Professional Engineer, Georgia PE041166 Professional Engineer, Idaho PE 17531 Professional Engineer, Michigan PE 6201066336 Professional Engineer, Nevada 025346 Professional Engineer, New York NO. 16573 Professional Engineer, Texas 131826 Professional Engineer, Virgina 59129 Civil Engineer, Washington PE 55447 Professional Engineer, Wyoming 16458 Experience: Brandow & Johnston 1999 - Present Professional Organizations: SEAOSC_Structural Engineers Association of Southern California RISC American Institute of SteelConstruction Rowland Heights Community Center for LA County Rowland Heights, CA Roxbury Park and Community Center for City of Beverly Hills, Beverly Hills, CA City of Beverly Hills, DWP Maintenance Warehouse Beverly Hills, CA Fontana Police DepartmentExpansion Fontana, CA Banning Justice Center, (New Courthouse) Banning, CA Live Oak Library Relocation, Los Angeles County Dept. of Public Works, Arcadia, CA City Yard Services Building, City of Burbank, Burbank, CA Diemer Water Treatment Plant Office Building & Shop Building, Metropolitan Water District, Yorba Linda, CA City of Pasadena, Dept. of Water & Power Operations Bldg New Office Building Office and Warehouse Renovation City of Burbank As -Needed Seismic Strengthening Projects, City of Burbank, CA: Northwest Library Verdugo Recreation Center Olive Recreation Center Water Reclamation Field Services/Administration Building McCambridge Recreation Center Johnny Carson Park Restrooms Valley Park Restrooms Water Reclamation — Operations Building Water Reclamation — Blower Building Administrative Services Building Building Maintenance/ Parks Storage 25G-507 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Ryan BishofF, S.E. LEED® AP Principal Ryan Bishoff has 12 years with Brandow and Johnston, Irvine office. As Principal, Ryan has worked on many different projects ranging in size and scope, from major and minor central plant renovations, replacements, and new construction projects, minor structural alterations, major tenant improvements, to high-rise commercial and industrial projects. Ryan is involved in the completion of all phases of project development, construction administration, structural design and system selection, seismic design of major projects, construction administration of major projects including structural evaluations, renovations and strengthening. Education University of Califomia, Irvine, BSCE Registrations/Certifications: Civil Engineer, California No. 77753 Structural Engineer, California No. 6250 Experience: Brandow & Johnston. 2008 -Present Professional Organizations: SEAOSC_Structural Engineers Association of Southern California AISC American Institute of Steel Construction ASCE American Society of Civil Engineers ACI American Concrete Institute Instructor: UC Irvine, Class 181, Senior Engineer Design Class Outside Client -Consultant, 2008-Present Structural Representative Projects: Restroom Bldg & Shade Structure San Juan Capistrano, CA Sendero Fields, Restroom Bldg. & Shade Structure San Juan Capistrano, CA Miller Park, Restroom Bldg. & Amphitheater Structure Fontana, CA Orange Library, Renovation and Expansion Orange, CA Fullerton Library Renovation and Expansion Fullerton, CA City of Onta►io, City Hall Building, City Hall East Inte►rm Facility, & Bon View Facility Addition and Renovation of the existing building, Ontario, CA John Cooper Lab Building Retrofit - Orange County Public Works, Santa Ana, CA Chino Police Station, Converting an existing warehouse building to an essential facility, Renovation and Seismic Retrofit, Chino, CA Tower Jazz, Cooling Tower Sound Abatement Newport Beach, CA Medtronic- Orange County Consolidation Project, Addition & Renovation, R&D Lab & Manufacturing, Design Budd Project, Santa Ana, CA California State Polytechnic University, Library, 90,000 SF New Building Addition & Seismic Retrofit of the existing 6 story building with Viscous Dampers, Pomona, CA Anaheim Convention Center, Car Park 4 Repair Anaheim, CA Eaton Fluid Power Group, Mechanical Plant Irvine, CA Applied Medical Bridge Building, Central Plant Lake Forest, CA Medtronic Orange County Consolidation New Building And Renovation Of Existing Buildings Santa Ana, CA Applied Medical Campus Tenant Improvement, Buildings B1, B2, B3, B4, Rill, Amp lii, T1 &T2, Rancho Santa Maroarita, CA 25G-508 BRANDQW & JOHNSTON structural + civil engineers a I SYSKA WON, or-01 Ip. lL p _:1 Jill 111 i. 1 11111110111111 MI QUALIFICATIONS consult + engineer + commission CIVIC AND COUNTY EXPERIENCE APRIL 2020 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 14I411000a00 W 1. Firm Profile 2. Relevant Experience Firm Profile a. SYSKA HFNNFSSY GROUP DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 N11$10 Vjto] AM4IONTA$MA ABOUT SYSKA HENNESSY At Syska Hennessy Group, we create exceptional environments. We do this by focusing our high performance engineering, consulting and commissioning services on our clients' business practices and challenges, creating projects that position them for success. Drawing on 90 years of engineering experience, we have helped to shape the skyline in cities around the world. Creating building systems in some of the most iconic and technically -advanced buildings has taught us to balance a truly global perspective on best practices with a very clear focus on our clients and their specific needs. Key to our success is our ability to collaborate and communicate with all project team members Collaboration is a part of Syska's DNA and is exhibited in the variety of delivery models we embrace: traditional, design assist, design -build and public private partnerships all bring us to the table in creative and significant ways. OUR SERVICES As we engage with the entire project team, we contribute technical depth and strategic design understanding to deliver performance insights and operational advantages. Our energy and simulation modeling expertise allows us to predict design implications and anticipate opportunities and challenges across the entire project lifecycle. Our Revit and BIM experience allows us to collaborate in unique and powerful ways with the owner, the design team and the contractor. These tools are supported by our can -do attitude, proactive approach, and know-how acquired over years of practice. Taken together, these skills, attitudes, and tools support our clients' ability to make informed decisions about their project, from inception, through design and construction and into the operational phase. Architectural Vertical Lighting Sustainability Transportation EP � o0 y ICT Fire and (IT, Audiovisual, Life Safety Security & BMS) MEP Commissioning g - —� KEY FACTS l9 87 Founded ozoo "Olrlilamm�,& 500 employees in 18,54,v,.A locations worldwide Locations Atlanta, GA Boston, MA Charlotte, NC Chicago, IL Dallas, TX Hamilton, NJ Jacksonville, FL Los Angeles, CA New York, NY Orange County, CA Raleigh, NC Richmond, VA San Diego, CA San Francisco, CA Silicon Valley, CA Washington, DC Dubai, UAE Shanghai, PRC 2. Relevant Experience a. SYSKA HFNNFSSY GROUP J `M - a = a y N V o oo�vY _v ���_� EJs Lev v v NE U 7 t m c m Uz _� n'� - �ZZ 81 Ez a E �-1 ci3 V a —LEE 75 Er Q E�—a� C � 7t � U � :®§K - U ([22 - {\}9[m _ \ - - )§§ � � � \- U - In : � / ) ■ &» 0 > �\}/\()\ \\}\\\\ )§2c77aGy {2±-ta25 \ z=:c,=_,A \}{\/)m h Cn d N U U VJ Z VJ H �Na � O -EE a m Q O E- I`. ms Y Z O a � -o Tr 3 0 ? 'o m a V F+Y Fa7 F� m s s m �i cis N E� O m�� vTi � U_ � 0 < :2 © { : ƒ � \ 2 \ \ \ � } \ 7\±»/( Q�m7aw{>K:7f§7R{=t/& { \f3\)§/j{\j) 18 s2 / 4/azmaea;;r;n� Oz.. 0 a � a a ` S OLD 0 3 � © Q V o d L v d 'i ti E" ,rQ Q Cn (n Vl U N V Vi J ry- v v S m d U 7 v m r Qr ' a¢ o E d w - C E- 2, 1 cn a �' N E� _ _ _ Q - a Uco - v F-f v, A - m:ig III pI C7 Q �y E a M� mUEE� y - a E r- n g eU N IOW —s, LU r 3 C J ai n of m 6 v E m ai y O E v o p C71 fVl Q _ 44y� s a e a m 2 O ai � `p E v _ a-E 5 6_ y� N p _ DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 GOVERNOR GEORGE DEUKMEJIAN COURTHOUSE Long Beach, California Winning Multiple Awards for a 3P Project Syska's work on the Long Beach Courthouse, a public -private partnership, included designing, constructing, financing, operating, commissioning, and maintaining the building, as well as renovating the existing parking structure. The new courthouse, which provides space and services forjudlclal proceedings in Los Angeles County's Superior Court, replaces a 50-year-6d existing structure. The design includes 31 courtrooms with accompanying holding cells, administrative office space, and secure parking. It also includes office space used by the County of Los Angeles for administrative purposes and additional office space for commercial and retail tenants. We developed a cabling infrastructure system for technology distribution to support communications for staff, employees, and visitors. The technology distribution centered on passive (structured cabling) and active equipment (network equipment). The infrastructure provided an optimal level of performance, reducing the operating costs in support of multiple integrated and converged systems for voice, data, wireless, AV, BMS, and security. Our team used a number of innovative solutions to overcome the project's technological challenges through a versatile cabling infrastructure that can accommodate future converged networks. The project received multipleawards including Design -Build Institute of America's (DBIA) Civic Buildings, National Award of Merit, and ENR's 2014 Best Global Project. Project Features • Public Private Partnership A A Services Provided CH modeling, Mechanical, Electrical, Plumbing, BIMIRevit, IT/Telecommunications Size 531,000 sf 4 & 5 Stories (two buildings) Completion Date 2013 Construction Cost $300,000,000 Sustainability LEED Gold DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 P L-A e CONFIDENTIAL TRANSPORTATION AGENCY - CONSOLIDATION AND EXPANSION San Francisco, California The confidential Transportation Agency's real- time command and control functions resided in 5 different locations dispersed around the city with undersized facilities and outdated systems. Seeking to consolidate Its real-time command and control functions into a single, adequately - sized, secure facility with fully Integrated and up- to-date systems, the agency leased the 7th floor of a building In the heart of the city. The design environment accommodated a raised floor design, providing heavy power and emergency power generation with a 90,000 gallon diesel fuel tank on site. Also on site were provisions for 200,000 gallons of water, high security design, and extraordinary HVAC capacity and chiller capacity for the agency's Computer Room Air Conditioning (CRAG) units. The agency selected Syska to design the mechanical, electrical and plumbing systems for the new sustainable building. The design included a raised floor environment with Computer Room Air Handling (CRAH) units tied to chilled water, two new server and command rooms with central UPS, which tied into the buildings generators, N+1 CRAC units, underfloor supply/overhead return, hot & cold aisle, new VAV boxes, low pressure ductwork, new lighting power distribution, fire alarm system and associated components. The new plumbing system'r6uded a break room and shower room. Syska also provided LEED consulting and commissioning services. Syska's commissioning approach, Integrating owner, operator, engineer, contractor with the commissioning authority, was key to facilitating clear and effective communication among all team players, ensuring an effective project turnover. Running on a tight project schedule, Syska's team stayed in constant communication with all other stakeholders to ensure that project goals and deadlines are met. Syska's ccllaborative project approach allowed the team to overcome significant challenges that come adaptively reusing a building originally designed as a single -tenant building, and repurposing it into a sustainable multi -tenant building with an active multi -floor data center and parking garage. Architect RMW Architecture Services Provided Mechanical, Electrical, Plumbing, Sustainable Design, Building Management Systems, Architectural Lighting Design, Energy Services, Commissioning, Fire Narm 1 Life Safety Size 40,000 sf Completion Date 2013 Construction Cost $32,500,000 2 DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 y e � _ < a � P a �, eq COUNTY OF SAN DIEGO, PHASE I - URBAN CAMP AT THE JUVENILE JUSTICE CENTER San Diego, California The County of San Diego is in the process Syska is providing electrical engineering and of renovating and rebuilding the existing site architectural lighting design services. and campus at the Juvenile Justice Center. Project Features The new facility represents a shift away from the correctional model of detention and fully • Stand-alone medical unit with general and embraces the positive youth development mental health treatment model. In this model, staff will engage youth • Exceeding Title 24 by at least 20% through the lens of adolescent development and future opportunities. Design -build Entity Phase I of the project includes replacing the girls' Contractor: Balfour Beatty rehabilitation facility and urban camp units with Architect: DLR Group a new 131,000 sf, 128-bed urban camp facility. This phase includes community supervision Services Provided services, juvenile probation center, urban camp Electrical, Architectural Lighting Design setting, and consolidated detention for up to 350 youth and probation administration. The design- Size build project will also include new parking lots, 131,000 sf sitework, and a new central plant to serve future phases of the replacement project. Phase 2 will consist of replacing the existing juvenile hall with housing units to accommodate 112 beds. r r� Completion Date 2021 Estimated Construction Cost $112,000,000 Sustainability Pursuing LEED Gold Designed for Zero Net Energy DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 MWIAM. THE CITY OF SAN FRANCISC©, PUBLIC SAFETY BUILDING San Francisco, California Combining Power Regeneration with Vertical Design As part of an overall plan to deconstruct its once aging Hall of Justice, the City of San Francisco built a new police headquarters in Mission Bay. The building's broader rate brings a sense of civic well-being to an emerging neighborhood, where shiny offices and condo developments are islands surrounded by empty lots. The complex also includes the local police and fire station and a 230-space parking garage for fleet vehicles. The 1930's brick firehouse, that was once the only building on the lot, was incorporated and converted into a community meeting space. The architects' plan was to develop a seismically sound facility that "felt civic and inviting, not bunker -like and heavy," despite the various security issues. To. keep the floorplate relatively thin, the building was designed as a Z-shaped tower of four floors, which houses the police headquarters, sitting atop a two-story plinth that contains the local f re and police stations. A large cross-section of the center of the'7' which is partially transparent to both cross -streets, showcases a monumental interior staircase. The architects also used a lot of glass on the building's most public face, on Third Street, in order to convey a sense of civic transparency. Syska's role on the project was to design the vertical transportation system. One feature of our design included an energy -efficient elevator system that used regenerative drive and enabled power to be restored back unto the building's electrical supply. The team worked closely with the architect to preserve the historical fabric of the building. Project Features • P6ce station • Assembly space • Office space • Command center • Handing facility • Parking structure • Community space • Historic fire house 2 Architect Mark Cavagnero Associates Architects HOK Services Provided Vertical Transportation Size 300,000 sf Completion Date 2015 Construction Cost $164,000,000 Sustainability LEED Cold DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 I it —_- -- ��. -- -. ~ram 001 ! CITY AND COUNTY OF SAN FRANCISCO DPW ON -CALL SERVICES San Francisco, California Syska Hennessy Group is currently designing Project Value Project Dates various elevator and escalator equipment assessments, modernization design, $20,000,000 2015 2022 construction services, for the City and County of Contract Value San Francisco Department of Public Works. $750,000 GLENDALE CENTRAL LIBRARY RENOVATION Glendale, California The Glendale Central Library is the hub of the Glendale Public Library system which includes six branch libraries, an art and music center, and a bookmobile. In addition to being a traditional lending library, the Central Library is a civic center providing community information and educational services such as author lectures and book signings, book discussion groups, and computer workshops. The Library features an active children's room, teen center, computer lab, large audio-visual collection, an international materials collection, conference rooms, a 200-seat auditorium and a bookstore operated by the Friends of the Glendale Public Library. The Special Collections Room houses valuable photographs and documents that chronicle the history of Glendale. Additionally, there is a "Man's Inhumanity to Man" space dedicated to the Armenian massacre. The Central Library required comprehensive assessment and upgrades to the existing 92,600sf footprint of the Library as well as the surrounding landscaped open-air areas north and east of the Library . The primary focus of the renovation was to enhance the performance of the Library's various functional elements, increasing sustainability, and enhancing the civic presence of the Library within the greater downtown area. Syska Hennessy Group was selected as part of the design team to provide full mechanical, electrical and plumbing engineering services. Architect Gruen Associates Services Provided Mechanical, Electrical, Plumbing, Architectural Lighting Design Size 92,600 sf Completion Date 2015 Construction Cost $5,350,000 M SYSKA HENNESSY GROUP CONTACT Robin Mosley, PE, LEED AP Associate Partner t. 949.396.1539 e. rmosley@syska.com Locations Atlanta, GA Boston, MA Charlotte, NC Chicago, IL Dallas, TX Hamilton, NJ Jacksonville, FL Los Angeles, CA New York, NY Orange County, CA Raleigh, NC Richmond, VA San Diego, CA San Francisco, CA Silicon Valley, CA Washington, DC Dubai, LAE Shanghai, PRC syska.com DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 Mary Cheval, CID, IIDA Principal mcheval@waremaIcomb.com P 949.660.9128 10 Edelman Irvine, California 92618 waremalcomb.com 25G-528 Ejhjubmmz!tjhofe!cz!Upsj!Qjfstpo! Upsj!Qjfstpo Ebuf;!3133/17/3:!22;22;43!.18(11( EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS QPMJDZ!FGGQPMJDZ!FYQ JOTS UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ% )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Policy No: Form No: CNA68021XX (02-2013) Endorsement Effective Date: licy Effective Date: Underwriting Company: © Copyright CNA All Rights Reserved. POLICY NUMBER:COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective:Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization that the Named Insured is obligated to provide Insurance where required by a written contract or agreementis an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule i contained in Section IIof the Coverage Form. CA 20 48 02 99Copyright, Insurance Services Office, Inc., 1998Page1of1 Xpslfst!Dpnqfotbujpo!Boe!Fnqmpzfst!Mjbcjmjuz!Jotvsbodf Qpmjdzipmefs!Opujdf OPUJDF!PG!DBODFMMBUJPO!UP!DFSUJGJDBUF!IPMEFST Ju!jt!voefstuppe!boe!bhsffe!uibu; Jg!zpv!ibwf!bhsffe!voefs!xsjuufo!dpousbdu!up!qspwjef!opujdf!pg!dbodfmmbujpo!up!b!qbsuz!up!xipn!uif!Bhfou!pg! Sfdpse!ibt!jttvfe!b!Dfsujgjdbuf!pg!Jotvsbodf-!boe!jg!xf!dbodfm!b!qpmjdz!ufsn!eftdsjcfe!po!uibu!Dfsujgjdbuf!pg! Jotvsbodf!gps!boz!sfbtpo!puifs!uibo!opoqbznfou!pg!qsfnjvn-!uifo!opujdf!pg!dbodfmmbujpo!xjmm!cf!qspwjefe!up! tvdi!Dfsujgjdbuf!Ipmefst!bu!mfbtu!41!ebzt!jo!bewbodf!pg!uif!ebuf!dbodfmmbujpo!jt!fggfdujwf/ Jg!opujdf!jt!nbjmfe-!uifo!qsppg!pg!nbjmjoh!up!uif!mbtu!lopxo!nbjmjoh!beesftt!pg!uif!Dfsujgjdbuf!Ipmefs!po!gjmf!xjui! uif!Bhfou!pg!Sfdpse!xjmm!cf!tvggjdjfou!up!qspwf!opujdf/ Boz!gbjmvsf!cz!vt!up!opujgz!tvdi!qfstpot!ps!pshboj{bujpot!xjmm!opu!fyufoe!ps!jowbmjebuf!tvdi!dbodfmmbujpo-!ps! jnqptf!boz!mjbcjmjuz!ps!pcmjhbujpo!vqpo!vt!ps!uif!Bhfou!pg!Sfdpse/ Bmm!puifs!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz!sfnbjo!vodibohfe/ Uijt!foepstfnfou-!xijdi!gpsnt!b!qbsu!pg!boe!jt!gps!buubdinfou!up!uif!qpmjdz!jttvfe!cz!uif!eftjhobufe!Jotvsfst-! ublft!fggfdu!po!uif!Qpmjdz!Fggfdujwf!Ebuf!pg!tbje!qpmjdz!bu!uif!ipvs!tubufe!jo!tbje!qpmjdz-!vomftt!bopuifs! fggfdujwf!ebuf!)uif!Foepstfnfou!Fggfdujwf!Ebuf*!jt!tipxo!cfmpx-!boe!fyqjsft!dpodvssfoumz!xjui!tbje!qpmjdz! vomftt!bopuifs!fyqjsbujpo!ebuf!jt!tipxo!cfmpx/!! Gpsn!Op;DD79132B!)13.3124*Qpmjdz!Op;XD!8!2625651: Qpmjdzipmefs!Opujdf<!Qbhf;!2!pg!2Qpmjdz!Fggfdujwf!Ebuf;170310313 Voefsxsjujoh!Dpnqboz;!Bnfsjdbo!Dbtvbmuz!Dpnqboz!pg!Sfbejoh-!Qfootzmwbojb-!262!O!Gsbolmjo!Tu-! Dijdbhp-!JM!71717 ª!Dpqzsjhiu!DOB!Bmm!Sjhiut!Sftfswfe/ NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX (02-2013) Policy No: Endorsement Effective Date: licy Effective Date: Underwriting Company: © Copyright CNA All Rights Reserved. H.2:271.C )Fe/220:8* XPSLFST“DPNQFOTBUJPOBOEFNQMPZFST“MJBCJMJUZJOTVSBODFQPMJDZ CMBOLFUXBJWFSPGPVSSJHIUUPSFDPWFSGSPNPUIFST Uijtfoepstfnfoudibohftuifqpmjdzupxijdijujtbuubdife/ QbsuPofXpslfst“DpnqfotbujpoJotvsbodfH/SfdpwfszGspnPuifstQbsuUxpFnqmpzfst“ Jujtbhsffeuibuboe MjbcjmjuzJotvsbodfI/SfdpwfszGspnPuifst bsfbnfoefeczbeejohuifgpmmpxjoh; Xfxjmmopufogpsdfpvssjhiuupsfdpwfsbhbjotuqfstpotpspshboj{bujpot/)Uijtbhsffnfoubqqmjftpomzupuiffyufouuibu zpvqfsgpsnxpslvoefsbxsjuufodpousbduuibusfrvjsftzpvuppcubjouijtbhsffnfougspnvt/* QSFNJVNDIBSHF. UifdibshfxjmmcfbobnpvouupxijdizpvboexfbhsffuibujtbqfsdfoubhfpguifupubmtuboebseqsfnjvngpsDbmjgpsojb fyqptvsf/Uifbnpvoujt H.2:271.CQbhf2pg2 )Fe/220:8* QPMJDZ!OVNCFS;!DPNNFSDJBM!HFOFSBM!MJBCJMJUZ DH31!21!23!2: UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!!QMFBTF!SFBE!JU!DBSFGVMMZ/ BEEJUJPOBM!JOTVSFE!—!PXOFST-!MFTTFFT!PS DPOUSBDUPST!—!TDIFEVMFE!QFSTPO!PS PSHBOJ\[BUJPO Uijt!foepstfnfou!npejgjft!jotvsbodf!qspwjefe!voefs!uif!gpmmpxjoh; DPNNFSDJBM!HFOFSBM!MJBCJMJUZ!DPWFSBHF!QBSU TDIFEVMF Obnf!Pg!Beejujpobm!Jotvsfe!Qfstpo)t* PsPshboj{bujpo)t*Mpdbujpo)t*!Pg!Dpwfsfe!Pqfsbujpot Cmbolfu!bt!sfrvjsfe!cz!xsjuufo!dpousbdu!'0ps! bhsffnfou Jogpsnbujpo!sfrvjsfe!up!dpnqmfuf!uijt!Tdifevmf-!jg!opu!tipxo!bcpwf-!xjmm!cf!tipxo!jo!uif!Efdmbsbujpot/ B/Tfdujpo!JJ!—!Xip!Jt!Bo!Jotvsfe!jt!bnfoefe!up C/Xjui!sftqfdu!up!uif!jotvsbodf!bggpsefe!up!uiftf jodmvef!bt!bo!beejujpobm!jotvsfe!uif!qfstpo)t*!psbeejujpobmjotvsfet-!uif!gpmmpxjoh!beejujpobm pshboj{bujpo)t*!tipxo!jo!uif!Tdifevmf-!cvu!pomzfydmvtjpot!bqqmz; xjui!sftqfdu!up!mjbcjmjuz!gps!#cpejmz!jokvsz#-!#qspqfsuz Uijt!jotvsbodf!epft!opu!bqqmz!up!#cpejmz!jokvsz#!ps ebnbhf#!ps!#qfstpobm!boe!bewfsujtjoh!jokvsz# #qspqfsuz!ebnbhf#!pddvssjoh!bgufs; dbvtfe-!jo!xipmf!ps!jo!qbsu-!cz; 2/Bmm!xpsl-!jodmvejoh!nbufsjbmt-!qbsut!ps 2/Zpvs!bdut!ps!pnjttjpot<!ps frvjqnfougvsojtife!jo!dpoofdujpo!xjui!tvdi 3/Uif!bdut!ps!pnjttjpot!pg!uiptf!bdujoh!po!zpvsxpsl-!po!uif!qspkfdu!)puifs!uibo!tfswjdf- cfibmg<nbjoufobodf!ps!sfqbjst*!up!cf!qfsgpsnfe!cz!ps po!cfibmg!pg!uif!beejujpobm!jotvsfe)t*!bu!uif jo!uif!qfsgpsnbodf!pg!zpvs!pohpjoh!pqfsbujpot!gps! mpdbujpo!pg!uif!dpwfsfe!pqfsbujpot!ibt!cffo uif!beejujpobm!jotvsfe)t*!bu!uif!mpdbujpo)t*! dpnqmfufe<!ps eftjhobufe!bcpwf/ 3/Uibu!qpsujpo!pg!#zpvs!xpsl#!pvu!pg!xijdi!uif Ipxfwfs; jokvsz!ps!ebnbhf!bsjtft!ibt!cffo!qvu!up!jut 2/Uif!jotvsbodf!bggpsefe!up!tvdi!beejujpobm joufoefe!vtf!cz!boz!qfstpo!ps!pshboj{bujpo jotvsfe!pomz!bqqmjft!up!uif!fyufou!qfsnjuufe!cz puifs!uibo!bopuifs!dpousbdups!ps!tvcdpousbdups mbx<!boe fohbhfe!jo!qfsgpsnjoh!pqfsbujpot!gps!b qsjodjqbm!bt!b!qbsu!pg!uif!tbnf!qspkfdu/ 3/Jg!dpwfsbhf!qspwjefe!up!uif!beejujpobm!jotvsfe!jt sfrvjsfecz!b!dpousbdu!ps!bhsffnfou-!uif jotvsbodf!bggpsefe!up!tvdi!beejujpobm!jotvsfe xjmm!opu!cf!cspbefs!uibo!uibu!xijdi!zpv!bsf sfrvjsfe!cz!uif!dpousbdu!ps!bhsffnfou!up qspwjef!gps!tvdi!beejujpobm!jotvsfe/ DH!31!21!23!2:ª!Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!3129!Qbhf!2!pg!3 D/Xjui!sftqfdu!up!uif!jotvsbodf!bggpsefe!up!uiftf 3/Bwbjmbcmfvoefs!uif!bqqmjdbcmf!mjnjut!pg beejujpobmjotvsfet-!uif!gpmmpxjoh!jt!beefe!upjotvsbodf< Tfdujpo!JJJ!—!Mjnjut!Pg!Jotvsbodf; xijdifwfs!jt!mftt/ Jg!dpwfsbhf!qspwjefe!up!uif!beejujpobm!jotvsfe!jt Uijt!foepstfnfou!tibmm!opu!jodsfbtf!uif! sfrvjsfe!cz!b!dpousbdu!ps!bhsffnfou-!uif!nptu!xf bqqmjdbcmf!mjnjut!pg!jotvsbodf/ xjmm!qbz!po!cfibmg!pg!uif!beejujpobm!jotvsfe!jt!uif bnpvou!pg!jotvsbodf; 2/Sfrvjsfecz!uif!dpousbdu!ps!bhsffnfou<!ps Qbhf!3!pg!3 ª!Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!3129!DH!31!21!23!2: QPMJDZOVNCFS;DPNNFSDJBM!HFOFSBM!MJBCJMJUZ DH!31!48!23!2: UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!!QMFBTF!SFBE!JU!DBSFGVMMZ/ BEEJUJPOBM!JOTVSFE!—!PXOFST-!MFTTFFT!PS DPOUSBDUPST!—!DPNQMFUFE!PQFSBUJPOT Uijt!foepstfnfou!npejgjft!jotvsbodf!qspwjefe!voefs!uif!gpmmpxjoh; DPNNFSDJBM!HFOFSBM!MJBCJMJUZ!DPWFSBHF!QBSU QSPEVDUT0DPNQMFUFE!PQFSBUJPOT!MJBCJMJUZ!DPWFSBHF!QBSU TDIFEVMF Obnf!Pg!Beejujpobm!Jotvsfe!Qfstpo)t* Ps!Pshboj{bujpo)t*Mpdbujpo!Boe!Eftdsjqujpo!Pg!Dpnqmfufe!Pqfsbujpot Cmbolfu!bt!sfrvjsfe!cz!xsjuufo!dpousbdu!'0ps! bhsffnfou Jogpsnbujpo!sfrvjsfe!up!dpnqmfuf!uijt!Tdifevmf-!jg!opu!tipxo!bcpwf-!xjmm!cf!tipxo!jo!uif!Efdmbsbujpot/ B/Tfdujpo!JJ!—!Xip!Jt!Bo!Jotvsfe!jt!bnfoefe!up C/Xjui!sftqfdu!up!uif!jotvsbodf!bggpsefe!up!uiftf jodmvef!bt!bo!beejujpobm!jotvsfe!uif!qfstpo)t*!psbeejujpobm!jotvsfet-!uif!gpmmpxjoh!jt!beefe!up pshboj{bujpo)t*!tipxo!jo!uif!Tdifevmf-!cvu!pomz Tfdujpo!JJJ!—!Mjnjut!Pg!Jotvsbodf; xjui!sftqfdu!up!mjbcjmjuz!gps!#cpejmz!jokvsz#!ps Jg!dpwfsbhf!qspwjefe!up!uif!beejujpobm!jotvsfe!jt #qspqfsuz!ebnbhf#!dbvtfe-!jo!xipmf!ps!jo!qbsu-!cz sfrvjsfe!cz!b!dpousbdu!ps!bhsffnfou-!uif!nptu!xf #zpvs!xpsl#!bu!uif!mpdbujpo!eftjhobufe!boe xjmm!qbz!po!cfibmg!pg!uif!beejujpobm!jotvsfe!jt!uif eftdsjcfe!jo!uif!Tdifevmf!pg!uijt!foepstfnfou bnpvou!pg!jotvsbodf; qfsgpsnfe!gps!uibu!beejujpobm!jotvsfe!boe!jodmvefe 2/Sfrvjsfe!cz!uif!dpousbdu!ps!bhsffnfou<!ps jo!uif!#qspevdut.dpnqmfufe!pqfsbujpot!ib{bse#/ 3/Bwbjmbcmf!voefs!uif!bqqmjdbcmf!mjnjut!pg Ipxfwfs; jotvsbodf< 2/Uif!jotvsbodf!bggpsefe!up!tvdi!beejujpobm xijdifwfs!jt!mftt/! jotvsfe!pomz!bqqmjft!up!uif!fyufou!qfsnjuufe!cz mbx<!boe Uijtfoepstfnfou!tibmm!opu!jodsfbtf!uif! bqqmjdbcmf!mjnjut!pg!jotvsbodf/ 3/Jg!dpwfsbhf!qspwjefe!up!uif!beejujpobm!jotvsfe!jt sfrvjsfe!cz!b!dpousbdu!ps!bhsffnfou-!uif jotvsbodf!bggpsefe!up!tvdi!beejujpobm!jotvsfe xjmm!opu!cf!cspbefs!uibo!uibu!xijdi!zpv!bsf sfrvjsfe!cz!uif!dpousbdu!ps!bhsffnfou!up qspwjef!gps!tvdi!beejujpobm!jotvsfe/ DH!31!48!23!2:ª!Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!3129!Qbhf!2!pg!2 DOBQBSBNPVOU XbjwfspgUsbotgfspgSjhiutpgSfdpwfszBhbjotu PuifstupuifJotvsfsFoepstfnfou Uijtfoepstfnfounpejgjftjotvsbodfqspwjefevoefsuifgpmmpxjoh; DPNNFSDJBMHFOFSBMMJBCJMJUZDPWFSBHFQBSU QSPEVDUT0DPNQMFUFEPQFSBUJPOTMJBCJMJUZDPWFSBHFQBSU TDIFEVMF ObnfPgQfstpoPsPshboj{bujpo; BOZQFSTPOPSPSHBOJ\[BUJPOXIPNUIFOBNFEJOTVSFEIBTBHSFFEJOXSJUJOHJOB DPOUSBDUPSBHSFFNFOUUPXBJWFTVDISJHIUTPGSFDPWFSZ-CVUPOMZJGTVDI DPOUSBDUPSBHSFFNFOU; 2/JTJOFGGFDUPSCFDPNFTFGGFDUJWFEVSJOHUIFUFSNPGUIJTDPWFSBHFQBSU<BOE 3/XBTFYFDVUFEQSJPSUPUIFCPEJMZJOKVSZ-QSPQFSUZEBNBHFPSQFSTPOBMBOE BEWFSUJTJOHJOKVSZHJWJOHSJTFUPUIFDMBJN/ JogpsnbujposfrvjsfeupdpnqmfufuijtTdifevmf-jgoputipxobcpwf-xjmmcftipxojouifEfdmbsbujpot/ UsbotgfsPgSjhiutPgSfdpwfszBhbjotuPuifstUpUifJotvsfs Jujtvoefstuppeboebhsffeuibuuifdpoejujpofoujumfe jtbnfoefeczuifbeejujpopguifgpmmpxjoh; Tpmfmzxjuisftqfduupuifqfstpopspshboj{bujpotipxojouifTdifevmfbcpwf-uifJotvsfsxbjwftbozsjhiupgsfdpwfsz uifJotvsfsnbzibwfbhbjotutvdiqfstpopspshboj{bujpocfdbvtfpgqbznfoutuifJotvsfsnblftgpsjokvszpsebnbhf ObnfeJotvsfe“tzpvsxpsl bsjtjohpvupguifpohpjohpqfsbujpotpsepofvoefsbdpousbduxjuiuibuqfstpops qspevdut.dpnqmfufepqfsbujpotib{bse pshboj{bujpoboejodmvefejouif/ BmmpuifsufsntboedpoejujpotpguifQpmjdzsfnbjovodibohfe/ Uijtfoepstfnfou-xijdigpsntbqbsupgboejtgpsbuubdinfouupuifQpmjdzjttvfeczuifeftjhobufeJotvsfst-ublftfggfdu pouiffggfdujwfebufpgtbjeQpmjdzbuuifipvstubufejotbjeQpmjdz-vomfttbopuifsfggfdujwfebufjttipxocfmpx-boe fyqjsftdpodvssfoumzxjuitbjeQpmjdz/ DOB86119YY)2.26* QpmjdzOp; Qbhf2pg2 JotvsfeObnf; DpqzsjhiuDOBBmmSjhiutSftfswfe/JodmveftdpqzsjhiufenbufsjbmpgJotvsbodfTfswjdftPggjdf-Jod/-xjuijutqfsnjttjpo/ Cvtjoftt!Bvup!Qpmjdz Qpmjdz!Foepstfnfou DPOUSBDUPST!FYUFOEFE!DPWFSBHF!FOEPSTFNFOU!.!CVTJOFTT!BVUP!QMVT UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!QMFBTF!SFBE!JU!DBSFGVMMZ/ Uijt!foepstfnfou!npejgjft!jotvsbodf!qspwjefe!voefs!uif!gpmmpxjoh; CVTJOFTT!BVUP!DPWFSBHF!GPSN J/MJBCJMJUZ!DPWFSBHF Xip!Jt!Bo!Jotvsfe B/ Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JJ-!Qbsbhsbqi!B/2/-!Xip!Jt!Bo!Jotvsfe; 2/b/!Boz!jodpsqpsbufe!foujuz!pg!xijdi!uif!Obnfe!Jotvsfe!pxot!b!nbkpsjuz!pg!uif!wpujoh!tupdl!po!uif ebuf!pg!jodfqujpo!pg!uijt!Dpwfsbhf!Gpsn<!qspwjefe!uibu- c/Uif!jotvsbodf!bggpsefe!cz!uijt!qspwjtjpo!B/2/!epft!opu!bqqmz!up!boz!tvdi!foujuz!uibu!jt!bo jotvsfe!voefs!boz!puifs!mjbcjmjuz!#qpmjdz#!qspwjejoh!bvup!dpwfsbhf/ 3/Boz!pshboj{bujpo!zpv!ofxmz!bdrvjsf!ps!gpsn-!puifs!uibo!b!mjnjufe!mjbcjmjuz!dpnqboz-!qbsuofstijq!ps! kpjou!wfouvsf-!boe!pwfs!xijdi!zpv!nbjoubjo!nbkpsjuz!pxofstijq!joufsftu/ Uif!jotvsbodf!bggpsefe!cz!uijt!qspwjtjpo!B/3/; b/Jt!fggfdujwf!po!uif!bdrvjtjujpo!ps!gpsnbujpo!ebuf-!boe!jt!bggpsefe!pomz!voujm!uif!foe!pg!uif!qpmjdz! qfsjpe!pg!uijt!Dpwfsbhf!Gpsn-!ps!uif!ofyu!boojwfstbsz!pg!jut!jodfqujpo!ebuf-!xijdifwfs!jt!fbsmjfs/ c/Epft!opu!bqqmz!up; )2*Cpejmz!jokvsz!ps!qspqfsuz!ebnbhf!dbvtfe!cz!bo!bddjefou!uibu!pddvssfe!cfgpsf!zpv!bdrvjsfe!ps! gpsnfe!uif!pshboj{bujpo<!ps )3*Boz!tvdi!pshboj{bujpo!uibu!jt!bo!jotvsfe!voefs!boz!puifs!mjbcjmjuz!#qpmjdz#!qspwjejoh!bvup dpwfsbhf/ 4/Boz!qfstpo!ps!pshboj{bujpo!uibu!zpv!bsf!sfrvjsfe!cz!b!xsjuufo!dpousbdu!up!obnf!bt!bo!beejujpobm! jotvsfe!jt!bo!jotvsfe!cvu!pomz!xjui!sftqfdu!up!uifjs!mfhbm!mjbcjmjuz!gps!bdut!ps!pnjttjpot!pg!b!qfstpo-! xip!rvbmjgjft!bt!bo!jotvsfe!voefs!TFDUJPO!JJ!—!XIP!JT!BO!JOTVSFE!boe!gps!xipn!Mjbcjmjuz! Dpwfsbhf!jt!bggpsefe!voefs!uijt!qpmjdz/!Jg!sfrvjsfe!cz!xsjuufo!dpousbdu-!uijt!jotvsbodf!xjmm!cf!qsjnbsz! boe!opo.dpousjcvupsz!up!jotvsbodf!po!xijdi!uif!beejujpobm!jotvsfe!jt!b!Obnfe!Jotvsfe/ 5/Bo!fnqmpzff!pg!zpvst!jt!bo!jotvsfe!xijmf!pqfsbujoh!bo!bvup!ijsfe!ps!sfoufe!voefs!b!dpousbdu!ps! bhsffnfou!jo!uibu!fnqmpzff(t!obnf-!xjui!zpvs!qfsnjttjpo-!xijmf!qfsgpsnjoh!evujft!sfmbufe!up!uif! dpoevdu!pg!zpvs!cvtjoftt/ #Qpmjdz#-!bt!vtfe!jo!uijt!qspwjtjpo!B/!Xip!Jt!Bo!Jotvsfe-!jodmveft!uiptf!qpmjdjft!uibu!xfsf!jo!gpsdf!po! uif!jodfqujpo!ebuf!pg!uijt!Dpwfsbhf!Gpsn!cvu; 2/Xijdi!bsf!op!mpohfs!jo!gpsdf<!ps 3/Xiptf!mjnjut!ibwf!cffo!fyibvtufe/ C/Cbjm!Cpoet!boe!Mptt!pg!Fbsojoht Tfdujpo!JJ-!Qbsbhsbqit!B/3/!)3*!boe!B/3/!)5*!bsf!sfwjtfe!bt!gpmmpxt; 2/Jo!b/)3*-!uif!mjnju!gps!uif!dptu!pg!cbjm!cpoet!jt!dibohfe!gspn!%3-111!up!%6-111<!boe 3/Jo!b/)5*-!uif!mjnju!gps!uif!mptt!pg!fbsojoht!jt!dibohfe!gspn!%361!up!%611!b!ebz/ Qpmjdz!Op;! Gpsn!Op;!DOB7446:YY!)15.3123* Qpmjdz!Fggfdujwf!Ebuf;! Qbhf;!2!pg!5 Voefsxsjujoh!Dpnqboz;!!Uif!Dpoujofoubm!Jotvsbodf!Dpnqboz-!262!O!Gsbolmjo!Tu-!Dijdbhp-!JM!71717 ª!Dpqzsjhiu!DOB!Bmm!Sjhiut!Sftfswfe/!Jodmveft!dpqzsjhiufe!nbufsjbm!pg!uif! Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!vtfe!xjui!jut!qfsnjttjpo/ Cvtjoftt!Bvup!Qpmjdz Qpmjdz!Foepstfnfou D/Gfmmpx!Fnqmpzff Tfdujpo!JJ-!Qbsbhsbqi!C/6!epft!opu!bqqmz/ Tvdi!dpwfsbhf!bt!jt!bggpsefe!cz!uijt!qspwjtjpo!D/!jt!fydftt!pwfs!boz!puifs!dpmmfdujcmf!jotvsbodf/ JJ/QIZTJDBM!EBNBHF!DPWFSBHF B/Hmbtt!Csfblbhf!—!Ijuujoh!B!Cjse!Ps!Bojnbm!—!Gbmmjoh!Pckfdut!Ps!Njttjmft Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JJJ-!Qbsbhsbqi!B/4/; Xjui!sftqfdu!up!boz!dpwfsfe!bvup-!boz!efevdujcmf!tipxo!jo!uif!Efdmbsbujpot!xjmm!opu!bqqmz!up!hmbtt! csfblbhf!jg!tvdi!hmbtt!jt!sfqbjsfe-!jo!b!nboofs!bddfqubcmf!up!vt-!sbuifs!uibo!sfqmbdfe/ C/Usbotqpsubujpo!Fyqfotft Tfdujpo!JJJ-!Qbsbhsbqi!B/5/b/!jt!sfwjtfe-!xjui!sftqfdu!up!usbotqpsubujpo!fyqfotf!jodvssfe!cz!zpv-!up! qspwjef; b/%71!qfs!ebz-!jo!mjfv!pg!%31<!tvckfdu!up c/%2-911!nbyjnvn-!jo!mjfv!pg!%711/ D/Mptt!pg!Vtf!Fyqfotft Tfdujpo!JJJ-!Qbsbhsbqi!B/5/c/!jt!sfwjtfe-!xjui!sftqfdu!up!mptt!pg!vtf!fyqfotft!jodvssfe!cz!zpv-!up! qspwjef; b/%2-111!nbyjnvn-!jo!mjfv!pg!%711/ E/Ijsfe!#Bvupt# Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JJJ/!Qbsbhsbqi!B/; 6/Ijsfe!#Bvupt# Jg!Qiztjdbm!Ebnbhf!dpwfsbhf!jt!qspwjefe!voefs!uijt!qpmjdz-!boe!tvdi!dpwfsbhf!epft!opu!fyufoe!up!Ijsfe! Bvupt-!uifo!Qiztjdbm!Ebnbhf!dpwfsbhf!jt!fyufoefe!up; Boz!dpwfsfe!bvup!zpv!mfbtf-!ijsf-!sfou!ps!cpsspx!xjuipvu!b!esjwfs<!boe b/ c/Boz!dpwfsfe!bvup!ijsfe!ps!sfoufe!cz!zpvs!fnqmpzff!xjuipvu!b!esjwfs-!voefs!b!dpousbdu!jo!uibu! joejwjevbm!fnqmpzff(t!obnf-!xjui!zpvs!qfsnjttjpo-!xijmf!qfsgpsnjoh!evujft!sfmbufe!up!uif! dpoevdu!pg!zpvs!cvtjoftt/ d/Uif!nptu!xf!xjmm!qbz!gps!boz!pof!bddjefou!ps!mptt!jt!uif!bduvbm!dbti!wbmvf-!dptu!pg!sfqbjs-!dptu! pg!sfqmbdfnfou!ps!%86-111-!xijdifwfs!jt!mftt-!njovt!b!%611!efevdujcmf!gps!fbdi!dpwfsfe!bvup/! Op!efevdujcmf!bqqmjft!up!mptt!dbvtfe!cz!gjsf!ps!mjhiuojoh/ Uif!qiztjdbm!ebnbhf!dpwfsbhf!bt!jt!qspwjefe!cz!uijt!qspwjtjpo!jt!frvbm!up!uif!qiztjdbm!ebnbhf! e/ dpwfsbhf)t*!qspwjefe!po!zpvs!pxofe!bvupt/ f/Tvdi!qiztjdbm!ebnbhf!dpwfsbhf!gps!ijsfe!bvupt!xjmm; Jodmvef!mptt!pg!vtf-!qspwjefe!ju!jt!uif!dpotfrvfodf!pg!bo!bddjefou!gps!xijdi!uif!Obnfe! )2* Jotvsfe!jt!mfhbmmz!mjbcmf-!boe!bt!b!sftvmu!pg!xijdi!b!npofubsz!mptt!jt!tvtubjofe!cz!uif!mfbtjoh! ps!sfoubm!dpodfso/ )3*Tvdi!dpwfsbhf!bt!jt!qspwjefe!cz!uijt!qspwjtjpo!xjmm!cf!tvckfdu!up!b!mjnju!pg!%861!qfs! bddjefou/ F/Bjscbh!Dpwfsbhf Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JJJ-!Qbsbhsbqi!C/4/; Uif!bddjefoubm!ejtdibshf!pg!bo!bjscbh!tibmm!opu!cf!dpotjefsfe!nfdibojdbm!csfblepxo/ Qpmjdz!Op;! Gpsn!Op;!DOB7446:YY!)15.3123* Qpmjdz!Fggfdujwf!Ebuf;! Qbhf;!3!pg!5 Voefsxsjujoh!Dpnqboz;!!Uif!Dpoujofoubm!Jotvsbodf!Dpnqboz-!262!O!Gsbolmjo!Tu-!Dijdbhp-!JM!71717 ª!Dpqzsjhiu!DOB!Bmm!Sjhiut!Sftfswfe/!Jodmveft!dpqzsjhiufe!nbufsjbm!pg!uif! Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!vtfe!xjui!jut!qfsnjttjpo/ Cvtjoftt!Bvup!Qpmjdz Qpmjdz!Foepstfnfou G/Fmfduspojd!Frvjqnfou Tfdujpo!JJJ-!Qbsbhsbqit!C/5/d!boe!C/5/e/!bsf!efmfufe!boe!sfqmbdfe!cz!uif!gpmmpxjoh; d/Qiztjdbm!Ebnbhf!Dpwfsbhf!po!b!dpwfsfe!bvup!bmtp!bqqmjft!up!mptt!up!boz!qfsnbofoumz!jotubmmfe! fmfduspojd!frvjqnfou!jodmvejoh!jut!boufoobt!boe!puifs!bddfttpsjft e/B!%211!qfs!pddvssfodf!efevdujcmf!bqqmjft!up!uif!dpwfsbhf!qspwjefe!cz!uijt!qspwjtjpo/ H/Ejnjovujpo!Jo!Wbmvf Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JJJ-!Qbsbhsbqi!C/7/; Tvckfdu!up!uif!gpmmpxjoh-!uif!ejnjovujpo!jo!wbmvf!fydmvtjpo!epft!opu!bqqmz!up; b/Boz!dpwfsfe!bvup!pg!uif!qsjwbuf!qbttfohfs!uzqf!zpv!mfbtf-!ijsf-!sfou!ps!cpsspx-!xjuipvu!b!esjwfs! gps!b!qfsjpe!pg!41!ebzt!ps!mftt-!xijmf!qfsgpsnjoh!evujft!sfmbufe!up!uif!dpoevdu!pg!zpvs!cvtjoftt<! boe c/Boz!dpwfsfe!bvup!pg!uif!qsjwbuf!qbttfohfs!uzqf!ijsfe!ps!sfoufe!cz!zpvs!fnqmpzff!xjuipvu!b! esjwfs!gps!b!qfsjpe!pg!41!ebzt!ps!mftt-!voefs!b!dpousbdu!jo!uibu!joejwjevbm!fnqmpzff(t!obnf-!xjui! zpvs!qfsnjttjpo-!xijmf!qfsgpsnjoh!evujft!sfmbufe!up!uif!dpoevdu!pg!zpvs!cvtjoftt/ d/Tvdi!dpwfsbhf!bt!jt!qspwjefe!cz!uijt!qspwjtjpo!jt!mjnjufe!up!b!ejnjovujpo!jo!wbmvf!mptt!bsjtjoh! ejsfdumz!pvu!pg!bddjefoubm!ebnbhf!boe!opu!bt!b!sftvmu!pg!uif!gbjmvsf!up!nblf!sfqbjst<!gbvmuz!ps! jodpnqmfuf!nbjoufobodf!ps!sfqbjst<!ps!uif!jotubmmbujpo!pg!tvctuboebse!qbsut/ e/Uif!nptu!xf!xjmm!qbz!gps!mptt!up!b!dpwfsfe!bvup!jo!boz!pof!bddjefou!jt!uif!mfttfs!pg; )2*%6-111<!ps )3*31&!pg!uif!bvup(t!bduvbm!dbti!wbmvf!)BDW*/ JJJ/Esjwf!Puifs!Dbs!Dpwfsbhf!—!Fyfdvujwf!Pggjdfst Uif!gpmmpxjoh!jt!beefe!up!Tfdujpot!JJ!boe!JJJ; 2/Boz!bvup!zpv!epo(u!pxo-!ijsf!ps!cpsspx!jt!b!dpwfsfe!bvup!gps!Mjbcjmjuz!Dpwfsbhf!xijmf!cfjoh!vtfe!cz-! boe!gps!Qiztjdbm!Ebnbhf!Dpwfsbhf!xijmf!jo!uif!dbsf-!dvtupez!ps!dpouspm!pg-!boz!pg!zpvs!#fyfdvujwf! pggjdfst#-!fydfqu; b/Bo!bvup!pxofe!cz!uibu!#fyfdvujwf!pggjdfs#!ps!b!nfncfs!pg!uibu!qfstpo(t!ipvtfipme<!ps c/Bo!bvup!vtfe!cz!uibu!#fyfdvujwf!pggjdfs#!xijmf!xpsljoh!jo!b!cvtjoftt!pg!tfmmjoh-!tfswjdjoh-!sfqbjsjoh! ps!qbsljoh!bvupt/ Tvdi!Mjbcjmjuz!boe0ps!Qiztjdbm!Ebnbhf!Dpwfsbhf!bt!jt!bggpsefe!cz!uijt!qspwjtjpo/ )2*Frvbm!up!uif!hsfbuftu!pg!uiptf!dpwfsbhft!bggpsefe!boz!dpwfsfe!bvup<!boe )3*Fydftt!pwfs!boz!puifs!dpmmfdujcmf!jotvsbodf/ 3/Gps!qvsqptft!pg!uijt!qspwjtjpo-!#fyfdvujwf!pggjdfs#!nfbot!b!qfstpo!ipmejoh!boz!pg!uif!pggjdfs!qptjujpot! dsfbufe!cz!zpvs!dibsufs-!dpotujuvujpo-!cz.mbxt!ps!boz!puifs!tjnjmbs!hpwfsojoh!epdvnfou-!boe-!xijmf!b! sftjefou!pg!uif!tbnf!ipvtfipme-!jodmveft!uibu!qfstpo(t!tqpvtf/ Tvdi!#fyfdvujwf!pggjdfst#!bsf!jotvsfet!xijmf!vtjoh!b!dpwfsfe!bvup!eftdsjcfe!jo!uijt!qspwjtjpo/ JW/CVTJOFTT!BVUP!DPOEJUJPOT B/Evujft!Jo!Uif!Fwfou!Pg!Bddjefou-!Dmbjn-!Tvju!Ps!Mptt Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JW-!Qbsbhsbqi!B/3/b/; Qpmjdz!Op;! Gpsn!Op;!DOB7446:YY!)15.3123* Qpmjdz!Fggfdujwf!Ebuf;! Qbhf;!4!pg!5 Voefsxsjujoh!Dpnqboz;!!Uif!Dpoujofoubm!Jotvsbodf!Dpnqboz-!262!O!Gsbolmjo!Tu-!Dijdbhp-!JM!71717 ª!Dpqzsjhiu!DOB!Bmm!Sjhiut!Sftfswfe/!Jodmveft!dpqzsjhiufe!nbufsjbm!pg!uif! Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!vtfe!xjui!jut!qfsnjttjpo/ Cvtjoftt!Bvup!Qpmjdz Qpmjdz!Foepstfnfou )5*Zpvs!fnqmpzfft!nbz!lopx!pg!bo!bddjefou!ps!mptt/!Uijt!xjmm!opu!nfbo!uibu!zpv!ibwf!tvdi! lopxmfehf-!vomftt!tvdi!bddjefou!ps!mptt!jt!lopxo!up!zpv!ps!jg!zpv!bsf!opu!bo!joejwjevbm-!up!boz! pg!zpvs!fyfdvujwf!pggjdfst!ps!qbsuofst!ps!zpvs!jotvsbodf!nbobhfs/ Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JW-!Qbsbhsbqi!B/3/c/; )7*Zpvs!fnqmpzfft!nbz!lopx!pg!epdvnfout!sfdfjwfe!dpodfsojoh!b!dmbjn!ps!tvju/!Uijt!xjmm!opu!nfbo! uibu!zpv!ibwf!tvdi!lopxmfehf-!vomftt!sfdfjqu!pg!tvdi!epdvnfout!jt!lopxo!up!zpv!ps!jg!zpv!bsf! opu!bo!joejwjevbm-!up!boz!pg!zpvs!fyfdvujwf!pggjdfst!ps!qbsuofst!ps!zpvs!jotvsbodf!nbobhfs/ C/Usbotgfs!Pg!Sjhiut!Pg!Sfdpwfsz!Bhbjotu!Puifst!Up!Vt Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JW-!Qbsbhsbqi!B/6/!Usbotgfs!Pg!Sjhiut!Pg!Sfdpwfsz!Bhbjotu!Puifst!Up! Vt; Xf!xbjwf!boz!sjhiu!pg!sfdpwfsz!xf!nbz!ibwf-!cfdbvtf!pg!qbznfout!xf!nblf!gps!jokvsz!ps!ebnbhf-! bhbjotu!boz!qfstpo!ps!pshboj{bujpo!gps!xipn!ps!xijdi!zpv!bsf!sfrvjsfe!cz!xsjuufo!dpousbdu!ps! bhsffnfou!up!pcubjo!uijt!xbjwfs!gspn!vt/ Uijt!jokvsz!ps!ebnbhf!nvtu!bsjtf!pvu!pg!zpvs!bdujwjujft!voefs!b!dpousbdu!xjui!uibu!qfstpo!ps! pshboj{bujpo/ Zpv!nvtu!bhsff!up!uibu!sfrvjsfnfou!qsjps!up!bo!bddjefou!ps!mptt/ D/Dpodfbmnfou-!Njtsfqsftfoubujpo!ps!Gsbve Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JW-!Qbsbhsbqi!C/3/; Zpvs!gbjmvsf!up!ejtdmptf!bmm!ib{bset!fyjtujoh!po!uif!ebuf!pg!jodfqujpo!pg!uijt!Dpwfsbhf!Gpsn!tibmm!opu! qsfkvejdf!zpv!xjui!sftqfdu!up!uif!dpwfsbhf!bggpsefe!qspwjefe!tvdi!gbjmvsf!ps!pnjttjpo!jt!opu!joufoujpobm/ E/Puifs!Jotvsbodf Uif!gpmmpxjoh!jt!beefe!up!Tfdujpo!JW-!Qbsbhsbqi!C/6/; Sfhbsemftt!pg!uif!qspwjtjpot!pg!Qbsbhsbqit!6/b/!boe!6/e/!bcpwf-!uif!dpwfsbhf!qspwjefe!cz!uijt!qpmjdz! tibmm!cf!po!b!qsjnbsz!opo.dpousjcvupsz!cbtjt/!Uijt!qspwjtjpo!jt!bqqmjdbcmf!pomz!xifo!sfrvjsfe!cz!b! xsjuufo!dpousbdu/ Uibu!xsjuufo!dpousbdu!nvtu!ibwf!cffo!foufsfe!joup!qsjps!up!Bddjefou!ps!Mptt/ F/Qpmjdz!Qfsjpe-!Dpwfsbhf!Ufssjupsz Tfdujpo!JW-!Qbsbhsbqi!C/!8/)6*/)b*/!jt!sfwjtfe!up!qspwjef; b/56!ebzt!pg!dpwfsbhf!jo!mjfv!pg!41!ebzt/ W/EFGJOJUJPOT Tfdujpo!W/!qbsbhsbqi!D/!jt!efmfufe!boe!sfqmbdfe!cz!uif!gpmmpxjoh; Cpejmz!jokvsz!nfbot!cpejmz!jokvsz-!tjdloftt!ps!ejtfbtf!tvtubjofe!cz!b!qfstpo-!jodmvejoh!nfoubm!bohvjti-! nfoubm!jokvsz!ps!efbui!sftvmujoh!gspn!boz!pg!uiftf/! Qpmjdz!Op;! Gpsn!Op;!DOB7446:YY!)15.3123* Qpmjdz!Fggfdujwf!Ebuf;! Qbhf;!5!pg!5 Voefsxsjujoh!Dpnqboz;!!Uif!Dpoujofoubm!Jotvsbodf!Dpnqboz-!262!O!Gsbolmjo!Tu-!Dijdbhp-!JM!71717 ª!Dpqzsjhiu!DOB!Bmm!Sjhiut!Sftfswfe/!Jodmveft!dpqzsjhiufe!nbufsjbm!pg!uif! Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!vtfe!xjui!jut!qfsnjttjpo/ Cvtjoftt!Bvup!Qpmjdz Qpmjdz!Foepstfnfou XBJWFS!PG!USBOTGFS!PG!SJHIUT!PG!SFDPWFSZ BHBJOTU!PUIFST!UP!VT!)XBJWFS!PG!TVCSPHBUJPO* UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!QMFBTF!SFBE!JU!DBSFGVMMZ/ Uijt!foepstfnfou!npejgjft!jotvsbodf!qspwjefe!voefs!uif!gpmmpxjoh; BVUP!EFBMFST!DPWFSBHF!GPSN CVTJOFTT!BVUP!DPWFSBHF!GPSN NPUPS!DBSSJFS!DPWFSBHF!GPSN Xjui!sftqfdu!up!dpwfsbhf!qspwjefe!cz!uijt!foepstfnfou-!uif!qspwjtjpot!pg!uif!Dpwfsbhf!Gpsn!bqqmz!vomftt! npejgjfe!cz!uif!foepstfnfou/ Uijt!foepstfnfou!dibohft!uif!qpmjdz!fggfdujwf!po!uif!jodfqujpo!ebuf!pg!uif!qpmjdz!vomftt!bopuifs!ebuf!jt! joejdbufe!cfmpx/ Obnfe!Jotvsfe;! Foepstfnfou!Fggfdujwf!Ebuf;! TDIFEVMF Obnf)t*!Pg!Qfstpo)t*!Ps!Pshboj{bujpo)t*; BOZ!QFSTPO!PS!PSHBOJ\[BUJPO!GPS!XIPN PS!XIJDI!ZPV!BSF!SFRVJSFE!CZ!XSJUUFO DPOUSBDU!PS!BHSFFNFOU!UP!PCUBJO!UIJTXBJWFS!GSPN!VT/!ZPV!NVTU!BHSFF!UP!UIBU SFRVJSFNFOU!QSJPS!UP!MPTT/ Jogpsnbujpo!sfrvjsfe!up!dpnqmfuf!uijt!Tdifevmf-!jg!opu!tipxo!bcpwf-!xjmm!cf!tipxo!jo!uif!Efdmbsbujpot/ Uif!Usbotgfs!Pg!Sjhiut!Pg!Sfdpwfsz!Bhbjotu!Puifst!Up!Vt!dpoejujpo!epft!opu!bqqmz!up!uif!qfstpo)t*!ps! pshboj{bujpo)t*!tipxo!jo!uif!Tdifevmf-!cvu!pomz!up!uif!fyufou!uibu!tvcsphbujpo!jt!xbjwfe!qsjps!up!uif!#bddjefou#! ps!uif!#mptt#!voefs!b!dpousbdu!xjui!uibu!qfstpo!ps!pshboj{bujpo/ Qpmjdz!Op;! Gpsn!Op;!DB!15!55!21!24 Qpmjdz!Fggfdujwf!Ebuf;! ª!Dpqzsjhiu!Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!3122