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HomeMy WebLinkAboutIDS GROUP (4)INSURANCE ON FILE A-2022-193 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING PROJECT � C. afi"0`tlr'"v 5 THIS AGREEMENT is made and entered into this 4" day of October, 2022 by and between IDS Group ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation N organized and existing under the Constitution and laws of the State of California ("City"). r, RECITALS G e:r A. On March 31, 2022, the City issued Request for Proposal ("RFP") No. 22-062 ("RFP"), by which it sought a qualified consultant to perform professional services for the Public Health Plaza and Wellness Programming project ("Project") as set forth in this Agreement. B. Consultant submitted a responsive proposal that was 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. 22-062. 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 Consultant shall perform the services that were described in the scope of work that was included in RFP No. 22-060, which is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $370,077. The sum is comprised of (1) the base amount of $336,433 and (2) a contingency in the amount of $33,644 for additional services at the City's sole discretion. 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 1 standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 3, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two (2) one (I) -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 CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all 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 2 and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 3 Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except withnotice to the Entity. Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 2 I . The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage require by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, 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 5 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. 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 11 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) P.O. Box 1988 Santa Ana, CA 92702-1988 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: IDS Group 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 ATTN: Said Hilmy, Principal/Contract Administrator A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION 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 0 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 may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act'); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www. govinfo . gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf-, C. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/13 6/SLFRF-Compliance-and-Reporting-Guidance.pdf, d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and E Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ,/Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Ill Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL ti-L _; 44H Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT IWO Q i _WJ Said Hilmy Principal/Contract Administrator 10 EXHIBIT A REQUEST FOR PROPOSALS (RFP) FOR PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING REP NO.: 22-062 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 SEAN THOMAS Project Manager (714) 647-5655 Office Sthomas56r)santa-ana.oru for Release: Executive Director Public Works Agency KEY RFP DATES (Subiect to chance at discretion of Ci Issue Date: March 31, 2022 Pre -Proposal Meeting (Not Mandatory) April 12, 2022 at 3pm at City of Santa Ana Plaza Deadline for Requests for Information: April 19, 2022 Proposal Due Date: May 04, 2022 at 2pm Projected Award Date: June 21, 2022 Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING RFP NO.22-062 INTRODUCTIONBACKGROUND The City of Santa Ana is soliciting proposals for Architectural/Engineering services ("the Services") to transform the City of Santa Ana Plaza into an ADA compliant Public Health Plaza. These improvements will also include two (2) new plaza restrooms accessible from the outside and the renovation of existing restrooms inside the Council Chambers. This outdoor Public Health plaza will be utilized for a variety of purposes, not limited to the following: host COVID-19 vaccination clinics, staging area for COVID testing, health/wellness programming/training, public communication efforts, community meetings, public recreation event space, and alternative/overflow outdoor Council Meeting space. By this Request for Proposals (RFP), the City of Santa Ana is requesting proposals from firms with substantial architectural and engineering experience on similar types of public works improvements for the renovation of the City of Santa Ana Plaza and Council Chamber restrooms. The City of Santa Ana Plaza was completed in 1972 along with City Hall. The exterior of the building facing the plaza had amazing architectural design, but was later covered up by the Ross Annex Building. The City would like to restore some of the character lost in the previous renovation while also performing an update that better meets the evolving needs of the community. The Public Health plaza consists of 8,200 square feet of improvement, along with two (2) new restrooms and transforming the existing restrooms in the City Council Chambers into two (2) non -gender restrooms. The City of Santa Ana Plaza is an underutilized space by the community, only being used as access to City Hall and council meetings. This renovation should revive the plaza in the most cost effective and environmentally friendly manner possible. The City of Santa Ana Plaza will be the focal point of the project with key upgrades and expansion to the area and services that will be provided to the community. Design will include ADA compliant features as well as aesthetic enhancements. A generalized description of areas that may be addressed with City/community/potential consultant input are as follows. See Attachment 4 for general layout of work areas. 1. City of Santa Ana Plaza —Public Health Plaza and Wellness Programming Location a. Create an ADA compliant gathering that can be used for a variety of different uses including but not limited to: i. Employee Health/Wellness Programming ii. Community gatherings iii. Movie nights iv. Overflow council meetings v. Flex space b. Remove existing furniture c. Remove existing pavers City of Santa Ana RFP 22-062 Page Al-1 d. ADA compliant walking surface e. Stage f. Shade sails g. Projector and projector screen mounted on exterior building walls h. Multiple power sources i. New LED security and decorative lighting j. Fencing/gates to restrict access during off hours k. Remove all landscaping i. Potentially keep two (2) existing trees ii. Remove trees creating obstruction to projector and screen 1. Wayfinding signage 2. Existing Breezeway — Proposed Restroom Location a. Remove pavers i. Install ADA compliant walking surface ii. ADA compliance/Accessible path of travel b. Restrooms i. Access point to restrooms will be from outside space only ii. Restrooms will not be accessible from inside of the Council Chamber building. iii. Restrooms will be one (1) men's restroom and one (1) women's restroom c. Maintain path to Public Health Plaza and Wellness Programming Location d. Potentially relocate main entrance edge of restroom to create a larger council lobby. 3. Renovation of Existing Restrooms Inside Council Chambers a. Convert one (1) men's and one (1) women's restroom to two (2) all -gender restrooms i. Restrooms shall be ADA compliant b. Close off access to restrooms from the Council Chamber lobby Scope of Work Architectural and engineering services shall consist of, but not be limited to the following: review of the Public Health Plaza and Wellness programming, prepare schematic design, construction plans and specifications, submit design documents to the City of Santa Ana staff for review and submit final design documents to the City of Santa Ana Building & Safety Division for plan check. These services also include responding to all plan check corrections until final approval has been given by Building & Safety. Finally, construction administration services during bid and construction phases would also need to be provided. Consultant Responsibilities The Consultant's responsibilities shall include the following project tasks: Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. This includes but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, site improvements design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, etc. Consultant will also be responsible for facilitating up to three (3) meetings with City Staff to obtain input and finalize concept plan. Consultant shall provide review sets in .pdf format City of Santa Ana RFP 22-062 Page Al-2 Final plans shall be provided in AutoCAD or Microstation format, and .pdf format. Task l: Pre -Design Preliminary design shall include Kick-off meeting with City Staff (representatives from Public Works Agency, Risk Management, Recreation, and the City Manager's Office) to discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation. ➢ Deliverables shall include a Work Task Plan, Schedule, Geotechnical Report and Site Survey. Task 2: Concept Design Concept design shall include up to three (3) meetings with City Staff to brainstorm and review potential layouts. Additionally, outreach shall be conducted in up to three (3) public meetings to provide the community an opportunity to review the concept designs and provide input. Please provide creative methods used to engage the community on needs and priorities while keeping the project on schedule. i.e. workshops, online polls. ➢ Deliverables shall include up to three (3) schematic concept designs, with a minimum of four (4) perspective drawings/renderings for each the following: overlooking the plaza from Civic Center Plaza, plaza leading to the new restrooms, breezeway leading to Council Chambers, new restrooms outside of Council Chambers, and tenant improvement of the existing restrooms inside the Council Chambers. ➢ Final Concept shall be approved by City Staff Task 3: Design Development (50% plans) Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. ➢ Deliverables shall include a 50% set of plans, including site section studies, draft specification, "Opinion of Probable Cost". Task 4: Construction Documents (90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized "Opinion of Probable Cost". 100% plans will go through a constructability review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable. Plans. Plans shall include, but are not limited to the following: • Title Sheet • Civil Engineering o Site Erosion Plan o Horizontal and Vertical Control Plan o Grading And On -Site Drainage Plan o Site Utility Plan • Landscape Architectural City of Santa Ana RFP 22-062 Page Al-3 o Site Layout/Construction Plans And Details (including plumbing) o Site Sections, as applicable o Planting Plans/Details/Notes o Irrigation Plans/Details/Calculations/Notes Architectural o Demolition Plans o Construction Plans o Reflected Ceiling Plans o Exterior Elevations o Interior Elevations o Mechanical and Plumbing Plans/T-24 o Electrical Plans, as applicable o Architectural Details o Structural Calculations o Door/Window/Finish Schedules, as applicable o ADA Path of Travel design and/or signage Plan Structural Engineering o Structural Design and Detailing Mechanical Engineering & Plumbing Electrical Engineering o Electrical Site Plan to include walkway/parking lot lighting, irrigation o Photometrics o Location of panels, switchgear, meters o Schedules o Details o Notes, specifications Plan Check & Permits: Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency. As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate. Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities. Construction drawings shall be submitted at 90% completion for review by Public Works CIP Engineering and revised per their comments. The 100% complete construction drawing package will then be submitted for final City review to the following City Agencies: • City Manager Office • Parks, Recreation, and Community Services Agency • Library Services Agency • Human Resources Agency • Planning and Building Agency • Public Works Agency CIP Engineering Division The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents City of Santa Ana RFP 22-062 Page Al-4 Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual. Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Task 5: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -bid meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Record Drawings /As -built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. Fee Proposal: In addition to Section N.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task 1: Pre -Design Task2: Concept Design Task 3: Design Development Task 4: Construction Documents Task 5: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. City Responsibilities The City will be responsible for the following items: Provision of available plans and existing documentation on file. Provision of electronic design file with City title block and title sheet (24" x 36") Provision of standard City boilerplate specifications. Acting as liaison with the appropriate decision making bodies, as necessary. • Coordination and processing of plans and documents with governmental agencies having City of Santa Ana RFP 22-062 Page Al-5 jurisdiction over the project. City of Santa Ana RFP 22-062 Page Al-6 Appendix ATTACHMENT4 PROJECT ATTACHMENTS JELIC HEALTH PLAZA AND WELLNESS PROGRAMMING LCCF.'!'.]P.. S_E E2H E T A. OJNCIL CHAMBERS. EXISTING BREEZEWAY. PROPOSED RESTROOM LOCATION. SEE EXHIBIT B. RENOVATION OF EXISTING RESTROOMS INSIDE COUNCIL CHAMBERS. SEE EXHIBIT C. SANTA ANA PROJECT 22-1358 P WA I PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING nnguns wocwoc/ J y= PAGE i OF 4 City of Santa Ana RFP 22-062 Page A4-1 VISION FOR THE SPACF- -The vision for this space is to create an ADA compliant gathering area that can be use for a variety of di.4eren- uses, Including but rot limited to: employee heatBVWeilness programing, community gatherings, movie nights, overflow council meetings PROJECT SCOPE: -POSSIBLY KEEP TWO TREES. REMOVE REMAINING LANDSCAPING- - REMOVE EXISTING FURNITURE. -REMOVE EXISTING PAVERS. -ADA COMPLICANT WALKING SURFACE. - SHADE SAILS. -PROJECTOR POSSIBLY MOUNTED OUTIDE COUNCIL CHAMBER WALL. -PROJECTOR SCREEN POSSIBLY MOUNTED ON CITY HALL BUILDING OVERHANG- -MULTIPLE POWER SOURCES- - SECURITY LIGHTING. - DECORATIVE LIGHTING. -FENCING TO RESITRIC ACCESS DURING OFF HOURS. - WAYFINDING SIGNAGE - LOCATION TO BE USED AS A FLEXSPACE EXHIBIT A PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMUNG LOCATION SANTA ANA PROJECT 22-1358 cR,+\tK—& &W P W Q PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING PAGE 2 OF 4 City of Santa Ana RFP 22-062 Page A4-2 4 4! PROJECT SCOPE' - REMOVE EXISTING PAVERS. - INSTALL ADA COMPLIANT WALKING SURFACE. NEW RESTROOMS. RESTROOMS CAN BE ACCESSED ONLY FROM THE OUTSIDE SPACE - MAINTAIN PATH TO PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING LOCATION. EXHIBIT B EXISTING BREEZEWAY. PROPOSED RESTROOM LOCATION SANTA ANA il PROJECT 22-1358 jl,l&w7A\ &W �— P W H PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING No au wocj PAGE 3 OF 4 City of Santa Ana RFP 22-062 Page A4-3 PROPRO IE�PF* -CLOSE OFF ACCESS TO RESTROOMS FROM THE COUNCIL CHAMBER LOBBY. -CONVERT RESTROOMS FROM SINGLE GENDER TO TWO ALL -GENDER. - RESTROOMS SHALL BE ADA COMPLIANT. EXHIBIT C RENOVATION OF EXISTING RESTROOMS INSIDE COUNCIL CHAMBERS SANTA ANAL*'j, ,n PROJECT 22-1358 W,IK71f.� &K� �' P W A j PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING PAGE 4 OF 4 City of Santa Ana RFP 22-062 Page A4-4 EXHIBIT B I City of Santa Ana Public Health and Wellness Programming RFP # 22-062 May 4, 2022 w WIIY no .zp n -d S �. 1' r City of Santa Ana I Public Health and Wellness Programming RFP No. 22-062 2. Scope of Services and Schedule IDS' step-by-step work plan for the City of Santa Ana Public Health and Programming Project proceeds as follows: Task 1: Pre -Design • Introduction of City team and IDS Project Team in the Kick Off Meeting • Discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation • Review the initial list of intended/potential program for the indoor and outdoor facilities • Review summary list of available documents and project timeframe • Confirm regulatory requirements for the intended program • Conduct Site Survey • CASp inspection • Perform soil / geotechnical testing Deliverables • Meeting agenda & Meeting minutes • Work Task Plan & Schedule, • Geotechnical Report and Site Survey • CASp Report Task 2: Concept Design • Meetings with City Staff to brainstorm and review potential layouts • Conduct workshops sessions with the stakeholders • Meeting with public meetings to provide the community an opportunity to review the concept designs and provide • Identify historic features that might be impacted by design and/or present the opportunity to restore character -defining architectural features Deliverables • Provide up to three (3) schematic concept designs, Provide minimum of four (4) perspective drawings/renderings for each the following: overlooking the plaza from Civic Center Plaza, plaza leading to the new restrooms, breezeway leading to Council Chambers, new restrooms outside of Council Chambers, and tenant improvement of the existing restrooms inside the Council Chambers. Task 3: Design Development (50% plans) • Develop schematic design based on the approved conceptual design plan • Include survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. Deliverables • 50% set of plans including site section studies • Draft (Outline) specifications • Opinion of Probable Cost Task 4: Construction Documents (90% and 100% plans) • Refine the approved deliverables from the Design Development phase into 90% Construction Documents as enumerated in the RFP. • Complete detailed engineering and update 90% CD set as 100% Construction Documents to serve as the basis or both bidding and construction by a general contractor. • Process to include plan check submittal of the 90% CD set, processing through plan check to "permit ready to issue" status (100% CD set). Deliverables • 100% Construction Drawings • Technical specifications • Final Opinion of Probable Cost Task 5: Bid Advertisement, Construction Administration, Record Drawings • Bid Advertisement: provide support to the City during the Bidding phase by assisting with questions, requests for information/ clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -bid meeting, if scheduled. • Construction Administration: provide support to the City during the Construction Administration phase by assisting with questions, requests for information/ clarification, and/or reviewing submittals. • Record Drawings / As -built Plans: upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. v IDS GROUP Page 16 h C� — j VJ � � � � � G � C r r E 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 LL 3€ E€ �. --- LL w 3 3 3 3 3 3 3 r r� .- r� r r E€€. r� r r r€€€ �.. LL LL E f F E LL E s _ s _ _ _ _ _ _ _ _ _ _ r _ _ _ _ _ g .. � _ _ _ _ _ ., _ _ _ EXHIBIT C City of Santa Ana Public Health and Wellness Programming RFP # 22-062 May 4, 2022 �� Sy N O N N z a U- 7 7 2 3 O 0_ O -6 O o O. o_ oo�rvri • r V1 � " ry uiv N •' rov �ry �rvi _ �eml)n)ls Sal e1 'i m 0, n Ot o0 a N r N v b N 00 b Ln Of a O m I� ti O l 1414 1 Vf N vn . 0000010 0 0 o o o 0 0 0 0 000 . . vao�m tiv o O o •,'0 o 0 0 . 0 .vw 0 0 o 0 O 0 0 oro 0. le)ul)al3 SO m _ m o N m m b bm inut b e T m o .+ r m m 0 .+ r H m m .� m �n m b a0 O N vi r ni 1/� N VY Vl V4 Vf V4 t? V! VY V� V� V� V� . 0000010 O O. 0 0 0 0 0 0 0 O 0 001000 O OO O . O. v ' a6 �6v dv v_ 6 6 m ry odwaiw 8uigwnld Sal m _ m o N m m m �n bm �nm b m m o �n m r .+ �n b a .ym mm .pi O , d v niN N V� •A VF VY VF th VfV? V4 V! 00001 O O O O 01.00 O O O O O O O O. O O O O. O. ao ui �d ui ovoim muiro m �06 O vl vl of bO r r '; b m r r b O le)ryey)aW Spl N m T T Vm 'I rl O1 T ei ei O N rci ri ri VY Vf 1/� N 1AVY Vl VYV! V! V4 h N N N 1R 1/� VY VR . o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. . o v� a ao vovi N0 oro ge ri oao _ l0 C .i M N b N o N o V o Ip r b b r N a b b , Vl amy)ally»tlS01 `y `� ✓� M N rl T 41 OJ r V 4l1 V O N V� 4f •A VF N VY 1R V! V! V! V! N V1 N Vf VY V� V! H m b ry m ro m a 0 m m b m e r m b ry m m O .� ry ry b m m ro .y m m m N H � m N o h 153 15O) v5 O u �+ N )aueisap N N W N � O N N m o> 18u31aa(Old / Wd .ter e m a m a b a 0i N v ,",i b m - U N ma)3 AawnS rmi N w N )au8lsap .N. m a o o ,r o b w )8u31aa(Old / Wd .r+ •+ ry v a m v 0 m ry m m m a N ry N � N b ledpuud N N N V wV a )au8isap 0 N N rl 0, 0 N a tit u a0 p G 18u31)a101d / Wd .ri N m N m ry o oN .i .v N W N b lednuud a 1au81saa 0 .. a � ry b N Z W Q c lin3 })af0)d / Wd en1 N m N m N N M ti N fi N tO � N 6 b ledpuud N a )au8isap 0 b 0 ry a N b Z aO o 1 18u313a(Old / Wd .rvi ry ry ry N ao .+ a ry .i .y b W � lednuud .� Aan81$ap N N . 00 N N W N W T T W' N y� 43JV »atad / Wd ei O OJ W N N 0 0 WN N b N N O d' 4 f N Vpl O b w ¢ ledpuud ry ry a0 m y 0 0 o t N a m C A W J N O J a AA IDS GROUP IDS GROUP, INC. 2022 Rate Sheet Principal $216 Associate Principal $202 Senior Project Manager I Associate $191 Project Manager $178 Senior Architect I Engineer $166 Senior Cost Estimator $153 Project Architect I Engineer $153 Designer Architect I Engineer $139 Engineering Designer- BIM $122 Two Man Survey Crew $290 Architectural Job Captain I Designer $116 CAD Drafting Engineer I Architect $104 Office Administration $64 Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant's direct cost plus 5%. C SAGE Coastal SAGE Landscape Architecture BILLING STRUCTURE CSLA rates of compensation are as follows: Key Personnel Hourly Rate Principal Landscape Architect $150.00 Landscape Architect $ 85.00 Field & CAD Support $ 60.00 Graphics $ 50.00 LANDSCAPE ARCHITECTURE & PLANNING GROUP DELTA GROUP DELTA CONSULTANTS, INC. FEE SCHEDULE & TERMS AND CONDITIONS 2022 HOURLY CHARGES FOR PERSONNEL (Engineer/Geologist/Scientist) PRINCIPAL $235 ASSOCIATE $215 SENIOR $185 PROJECT $170 STAFF $155 DESIGNER / ILLUSTRATOR / AUTOCAD $105 TECHNICAL/ PROJECT SUPPORT /ADMIN $90 DRIVER /PICKUP & DELIVERY OF SAMPLES STAFF $75 TESTING & INSPECTION SERVICES SENIOR ENVIRONMENTAL TECHNICIAN $145 ENVIRONMENTAL TECHNICIAN $110 TECHNICIAN / INSPECTOR $90 AWS/CWI SPECIAL INSPECTOR $110 UT/MT NON-DESTRUCTIVE SPECIAL INSPECTOR $120 TECHNICIAN / INSPECTOR— PREVAILING WAGE $120 AWS/CWI SPECIAL INSPECTOR —PREVAILING WAGE $135 UT/MT NON-DESTRUCTIVE SPECIAL INSPECTOR— PREVAILING WAGE $150 BASIS OF CHARGES Minimum Charges (Field Services) 2-Hour Minimum: ....................................................................................... Show -Up Cancellation, no work performed 4-Hour Minimum: ............................................................................................................. 1-4 hours of work performed 8-Hour Minimum: ........................................................................................................ over 4 hours of work performed Page 1 Group Delta Consultants, Inc. Schedule of Fees 2022 Regular Time The first 8 hours worked Monday through Friday between 5:00 am and 5:00 pm. In the event that project related equipment is required to be transported to and from the project site, other than hand tools, the time required to do so shall be considered hours worked and will be billed as such. Premium Charges Over 8 hrs. on weekdays, up to 8 hrs. on Saturdays: .......................................................................... 1.5 x Hourly Rate Over 12 hrs. on weekdays, over 8 hrs. on Saturdays, Sunday, Holiday: .............................................. 2.0 x Hourly Rate Travel and Per Diem Travel time will be charged at the base hourly rate of $65. Multi -day projects requiring overnight accommodations will be subject to Daily Per Diem charge. Mileage (per current IRS rate): .................................................................................................................... $0.585/mile PerDiem (meals/lodging)............................................................................................................................. $250/day Pickups Sample pickups occurring after hours or on weekends to comply with ASTM standards (required to be transported to the final curing location within 48 hours of casting) may be subject to premium charges (overtime). Rush Charges For Laboratory Services Expedited turnaround is available for some tests at the following premiums above list price. Same day service.................................................................................................................100% based on availability 1 day turnaround.....................................................................................................................................................80% 2 day turnaround.....................................................................................................................................................60% 3 day turnaround.....................................................................................................................................................40% 4 day turnaround.....................................................................................................................................................25% Charges for Subcontracted Services Outside Services/Subconsultants/Subcontractors :........................... Reimbursable Expenses Parking, air fare, car rental, food and lodging, etc.: .......................... Equipment/Supply Charges Hazardous Gas Safety Monitor .................... Photo Ionization Detector ........................... XRFDevice ................................................... Nuclear Density Gauge ................................ Field Vehicle ................................................. Field Storage Unit (Connex Box) .................. .. Cost Plus 15% ................. Cost Plus 15% ......................... $ 30/ h o u r ........................ $40/ hour ........................ $110/Day ..........................$8/ hour ........................$10/ hour ................... $500/month AGROUP DELTA Page 2 Group Delta Consultants, Inc. Schedule of Fees 2022 LABORATORY TESTING (unit cost) SOIL AND ROCK TESTS CLASSIFICATION AND INDEX TESTS: Atterberg Limits, Plasticity Index (ASTM D4318)....................$182 Non Plastic ..................................... ......................... $127 Moisture Content (ASTM D2216).............................................$30 Sieve Analysis % Passing #200 Sieve (ASTM D1140).................$66 Sieve Analysis w/o Hydrometer (ASTM D422)........................$120 Sieve Analysis w/ Hydrometer (ASTM D422)..........................$210 pH of Soil (CTM 643).................................................................$50 Soil Resistivity (CTM 643)..........................................................$99 Soluble Sulfate (CTM 417)........................................................$50 Soil Chloride Content (CTM 422)..............................................$72 Corrosivity Series; Sulfate, Chloride, pH, Resistivity (CTM643, 417, 422).:..............................................$270 Specific Gravity of Soil (ASTM D854)......................................$132 Unit Weight/Moisture Content, wax (ASTM D2937)................$50 Unit Weight/Moisture Content, Shelby tube (ASTM D2937)..................... I ................. $55 Unit Weight/Moisture Content, ring sample (ASTM D2937).......................................$28 STRENGTH TESTS: Direct Shear, Residual (ASTM D3080).....................................$800 Direct Shear, Consolidated (ASTM D3080).............................$265 Direct Shear, Consolidated (ASTM D3080), Remolded ........... $330 R-Value, (ASTM D2844, CTM 301)..........................................$330 R-Value, Lime Treated in Lab (ASTM D2844, CTM 301) .......... $390 R-Value, Aggregate Base (ASTM D2844, CTM 301)................. $375 R-Value, (less than 5) (ASTM 2844, CT 301)............................$125 California Bearing Ratio (D1883)............................................$800 Torsional Ring Shear (ASTM D7608).......................................$780 Vane Shear Test (ASTM D4648)................................................ $50 Unconfined Compression (ASTM D2166)...............................$176 VOLUMETRIC CHANGE: Consolidation Test (ASTM D2435), w/o time rate..................$292 Consolidation Test (ASTM D2435), w/time rate ....................$385 Consolidation Test (ASTM D2435), single point......................$160 FreeSwell...............................................................................$245 Double Oedometer................................................................. 5430 SOIL AND ROCK TESTS COMPACTION: Maximum Density and Optimum Moisture (ASTM D1557) 4" Mold................................................................... $220 4" with rock correction ........................................... $235 6" Mold................................................................... $250 6" with rock correction ........................................... $265 Maximum Density Check Point (ASTM D1557) ........................ $66 Moisture Density of Soil -Cement Mixtures (ASTM D558).... Quote California Impact Compaction, test only (CTM 216) .............. $220 AGGREGATE/SUBGRADE: Abrasion Test (ASTM C131/C535) 100 and 500 Revs ..................................................... $275 500 & 1000 Revs ....................................................... $303 200 and 1000 Rev ..................................................... $303 500 revs only............................................................ $138 1000 revs only.......................................................... $165 Clay Lumps/Friable Particles (ASTM C142) ............................... $132 Durability Index, Coarse (ASTM D3744/CTM229).................... $149 Durability Index, Fine (ASTM D3744/CTM229) ........................ $127 Durability Index, Coarse & Fine (ASTM D3744/CTM229) ........ . $275 Organic Impurities (ASTM C40)..................................................$88 Percent Fractured Aggregate (ASTM D5821) per sieve size....... $33 Fine Aggregate Angularity (ASTM C1252)................................ $180 Sand Equivalent (ASTM D2419)................................................ $115 Sieve Analysis (ASTM C136) fineaggregate........................................................... $120 coarse aggregate...................................................... $105 Specific Gravity and Absorption: fine aggregate (ASTM C128)..................................... $165 coarse aggregate (ASTMC127)................................. $135 Sulfate Soundness (ASTM C88) per sieve size .......................... $150 Cleanness Value (CTM 227)...................................................... $145 Flat & Elongated Particles, (ASTM D4791) Per Screen Size .................................. $33 Unit Weight of Aggregate, loose/dry rod (ASTM C29) ............... $90 SAMPLE PREPARATION Expansion Index (ASTM D4829)................................................$99 Sample preparation such as hand -cutting of samples, extraction from Response to Wetting (ASTM D4546)......................................$116 samplers, processing, and mixing of stabilized soils will be charged in Soil Suction (ASTM D5298) ...................................................Quote addition to the individual test at the Engineering Technician hourly rate............................................................................................. $95 PERMEABILITY: Permeability of Granular Soil (ASTM D2434)........................Quote AGROUP DELTA Page Group Delta Consultants, Inc. Schedule of Fees 2022 LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS CONSTRUCTION MATERIALS ASPHALT CONCRETE: Bulk Specific Gravity of Core, Coated (CTM 308, ASTM D1188).................. .............. $83 Hveem Unit Weight (CTM 304/308), set of 3 ...........................$295 Hveem Unit Weight (ASTM D2726), set of 2............................$235 Stabilometer/Hveem (ASTM3560, ASTM 2726) set of 2.......... $335 Stabilometer /Hveem (CT 366) set of 3.................................... $360 Stabilometer Only, (CT 366) set of 3.......... ............................... $297 Stabilometer Only, (ASTM D1560) set of 2...............................$253 Bulk Sp. Gravity (Rice) (ASTM D2041).......................................$176 Bulk Sp. Gravity (Rice) (CT309)...................................................$88 Asphalt Concrete JMF Verification ..........................................Quote Marshall Unit Weight (ASTM D1559), 3 plug average ..............$281 Marshall Stability/Flow (ASTM D1560), set..............................$290 Percent Bitumen (CTM 382).....................................................$138 Percent Bitumen & Gradation (CTM 382/202).........................$264 Film Stripping (CTM 302).........................................................$259 HMA Moisture Content (CTM 371).............................................$44 Ignition Oven Correction Factor Aggregate and oil ....... ............................................... $780 Ignition Oven Correction Factor Aggregate and oil w/ RAP.........................................$900 Hveem AC Mix Design.............................................................Quote Marshall AC Mix Design..........................................................Quote Tensile Strength Ratio(TSR) .........................................................Quote REINFORCED CONCRETE TESTS: Compressive Strength, per cylinder (ASTM C39)........................$35 Compressive Strength, per core (ASTM C39/42)........................$72 Flexural Strength, 6x6x18 beam (ASTM C78)..............................$90 Compressive Strength, Shotcrete Panel, Set of 3 (ASTM C39/42).............................................$360 Compressive Strength of Shotcrete, per Removal of Shotcrete Cores, In Lab, each..................................$80 Compressive Strength, Light Weight Concrete Fill .....................$35 Compressive Strength, Soil Cement............................................$44 Drying Shrinkage, 3 specimens, 28-day....................................$413 Modulus of Elasticity (ASTM C469)...........................................$248 REINFORCED CONCRETE TESTS: (cunt.) Tensile Strength, Splitting (ASTM C496) .........................$100 Petrographic Analysis of Cementitious Mat..................Quote Cement Content Analysis of Conc. (ASTM C1084)........ Quote Coefficient of Thermal Expansion.................................Quote Concrete Trial Batch w/ lab testing...............................Quote STRUCTURAL MASONRY: Compressive Strength Prism, All Sizes, each.....................$132 Compressive Strength of Masonry Block, Set of 3 (ASTM C140)......................................$396 Linear Shrinkage of Masonry Blk., set of 3 (ASTM C426) $363 Shear Test of Masonry Cores, 6(DSA) ...........................$110 Compressive Strength of Masonry Cores, 6.....................$72 Dimensions of Masonry Block, Set of 3 (ASTM C140)....... $60 Absorption of Masonry Block (ASTM C140), Setof 3............................................................................$138 Unit Weight of Masonry Block (ASTM C140), Setof 3............................................................................$110 Moisture Content of Masonry Block (ASTM C140), Setof 3............................................................................$110 Mortar Compressive Strength 2x2x2, per cube (ASTM C109)...........................................$39 2x4, per cylinder (UBC STD 21-16)....................................$45 Grout Compressive Strength 3x3x6, per prism (UBC STD 21-18)....................................$72 Brick Compressive Strength, 5 brick set (ASTM C67)...... $292 Brick Absorption Test (ASTM C67) 5 or 24-hour submersion, 5 brick set..............................$292 1, 2, or 5-hour boiling, 5 brick set...................................$292 Efflorescence, Brick, 5 brick set (ASTM C67)...................$290 Modulus of Rupture, 5 brick set (ASTM C67)..................$209 Moisture As -Received, 5 brick set (ASTM C67)...............$180 Saturation Coefficient/Absorption, 5 brick set (requires 24 hr. Submersion and 5 hr. boil Absorption test prior to calculation) ............................................. 6AXI GROUP DELTA Page 4 Group Delta Consultants, Inc. Schedule of Fees 2022 LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS STRUCTURAL STEEL: High Strength Bolt Testing (ASTM F606) Hardness, bolt, washer, or nut, each ....................$28 Bolt Wedge Tensile, each.......................................$83 Bolt Proof Load, each.............................................$60 Nut Proof Load, each.............................................$50 Bolt Assembly Test Series, Set of 3 ...................... $780 Set -Up, if less than three bolts are submitted .......................$80 Rebar, Tensile Test (ASTM A370) No. 3 bar to No. 14 bar .......................................... $75 No. 18 bar............................................................$200 Rebar, Bend Test (ASTM A370)..............................................$63 Welded Rebar—Hoops (CTM 670)........................................$75 Mechanically Spliced (CTM 670) No.3 barto No. 14 bar........................................$100 No. 18 bar............................................................$200 Slippage Test in Addition to Tensile, each .............$75 Structural Steel, Tensile Test (ASTM A370) 100kor less... ......................................................... $85 101k-200k............................................................ $105 STRUCTURAL STEEL: (cost.) Structural Steel, Bend Test ..................................................... $75 Structural Steel, Pipe Flattening Test ..................................... $66 Seven Wire Strand, Tensile/MOE (ASTM A416) ................... $230 Seven Wire Strand, Tensile Only (ASTM A416) .................... $155 Machining and Prep. of Structural Steel ............................ Quote Structural Steel Chemical Analysis ..................................... Quote Skidmore Bolt Calibration, In Lab ......................................... $170 Weld Procedure Qualification Test, Rebar ........................... $325 Welder Qualification Test, Rebar......................................... $175 Weld Procedure Qualification Test ...................................... $375 Welder Qualification Test ................................................... Quote Carbon Equivalent................................................................ $150 Carbon Equivalent, Including Calculation ............................. $200 Macroetch Test of Welds ..................................................... $110 Nelson Stud Tensile (ASTM A370)...................................... Quote Charpy Impact Testing........................................................ Quote FIREPROOFING: Spray -Applied Fireproofing, Density (ASTM E605) Oven -Dry Method............................................................ $60 Displacement Method ...................................................... $75 �1 ESI2❑UP DELTA Page 5 SODS Consulting design Eduardo SantaCruz, architect A.I.A. C-33105 Certified Access Specialist CASp-729 2618 West 15r St, Gardena, CA 90249 310.612.4574 310.868.2708 fk edward@santacruzcadd.net Principal Architect $150.00 Senior Design $102.00 Senior CAD tech-1 $ 88.00 CAD Tech-2 $ 74.00 Clerical $ 58.00 Civil/Structural Engineer $190.00 Veneklasen Associates Consultants in Acoustics I Noise I Vibration I AV I IT I Security 2022 HOURLY RATES Category Billing Rate/Hour Principal (Associate 1) $260 Associate Principal (Associate II) $210 Senior Associate (Associate III) $190 Associate IV $160 Associate V Associate VI $140 $120 Architectural Resources Group KATIE E. HORAK Principal I Architectural Historian & Preservation Planner Katie is a Los Angeles -area native and Principal in ARG's Los Angeles office. She has nearly twenty years experience in the field of historic resource management in both the public and private sectors. Katie is a recognized leader in the industry, bringing creative and innovative solutions to complex issues related to historic site documentation, management, and adaptive re -use. Katie brings expertise in policies related to the California Environmental Quality Act (CEQA), preservation tax incentives, Secretary of the Interior's Standards compliance, and issues surrounding recent -past resources and intangible heritage. Relevant Project Experience • City of Santa Ana, On -Call Environmental and Planning Services, Santa Ana, CA • Pacific Electric Substation #14, Standards Compliance Review, Santa Ana, CA • 302 W. 4th Street Historic Preservation Consulting Services, Santa Ana, CA • Standard/McFadden Park Cultural Resources Records Search, Santa Ana, CA • 1411 N. Broadway Historical Resource Assessment, Santa Ana, CA • 1800 E. La Veta Peer Review, Orange, CA • City of Anaheim, On -Call Historic Resources Consulting, Anaheim, CA • City of Tustin, Citywide Historic Resources Survey, Tustin, CA • 574 S. Glassell Street, Historic Resources Evaluation, Orange, CA • 305 S. Main Street Historic Preservation Consulting Services, Orange, CA • City of Dana Point, On -Call Preservation Consulting Services, Dana Point, CA • City of Dana Point, Historic Resources Inventory Update, Dana Point, CA • 35147 Beach Road, Project Impacts Evaluation, Dana Point, CA Selected Lectures & Speaking Engagements • "Culture, Community, and the Holiday Bowl," Save As: NextGen Heritage Conservation podcast, featured interviewee. December, 2021 • "Minoru Yamasaki and the'World's Most Beautiful Hotel"' Preserving the City of the Future: Civic and Corporate Los Angeles in the 20th Century, Los Angeles County Museum of Art (LACMA), June 2019 • "Preservation Possibilities for 1990s Architecture," Preserving the Recent Past Conference, Los Angeles, March 2019 • "Implementing Heritage Surveys and Digital Inventories," National Trust for Canada Conference, Fredericton, New Brunswick, Oct. 2018 • "Historic Surveys and Designation: From Identification to Nomination" California Preservation Foundation Workshop, January 2016. • "Beyond Mid -Century Modern," California Preservation Conference, May 2015. Education Master of Heritage Conserva don, University of Southern California University of Oregon, Eugene Historic Preservation Field School in Canova, Italy Bachelor of Arts, Art (Painting/ Drawing), Whitworth College, Spokane, Washington Meets the Secretory of the Interior's Professional Qualifications Standards in Architectural History Memberships President -Elect, Docomomo US Founding President, Docomoma US, Southern California Chapter Los Angeles Conservancy Society of Architectural Historians, Southern California Chapter Los Angeles Headquarters Association (LAHQ) Academic Involvement Adjunct Assistant Professor, University of Southern California. Current courses taught: Introduction to Historic Site Documentation, and Advanced Documentation: Historic Resources Surveys Architectural Resources Group Project Experience EXPERIENCE IN SANTAANA&SURROUNDING COMMUNITIES • City of Santa Ana, On -Call Environmental and Planning Services, Santa Ana, CA Pacific Electric Substation #14, Standards Compliance Review, Santa Ana, CA • 302 W. 4th Street Historic Preservation Consulting Services, Santa Ana, CA • Standard/McFadden Park Cultural Resources Records Search, Santa Ana, CA 1411 N. Broadway Historical Resource Assessment, Santa Ana, CA • Santa Ana Library Windows Assessment, Santa Ana, CA 1800 E. La Veta Peer Review, Orange, CA City of Anaheim, On -Call Historic Resources Consulting, Anaheim, CA • City of Anaheim, Mills Act Historical Property Contract Program Consulting, Anaheim, CA • City of Anaheim, Architectural Style Guides, Anaheim, CA • City of Anaheim, 2660 W. Broadway Historic Resource Survey, Anaheim, CA • City of Anaheim, Brookhurst Park Historic Resource Evaluation for Section 106, Anaheim, CA • City of Anaheim, 326 S. Lemon Street Historic Significance Evaluation, Anaheim, CA • City of Tustin, Citywide Historic Resources Survey, Tustin, CA • City of Dana Point, On -Call Preservation Consulting Services, Dana Point, CA • City of Dana Point, Historic Resources Inventory Update, Dana Point, CA • 35147 Beach Road, Project Impacts Evaluation, Dana Point, CA 574 S. Glassell Street, Historic Resources Evaluation, Orange, CA 305 S. Main Street Historic Preservation Consulting Services, Orange, CA • 1800 E. La Veta Peer Review, Orange, CA Laguna Beach Digester, Historic Resources Assessment, Laguna Beach, CA City a(SantaAna. On -Call Enuironmental &Planning Services, Pack Electrical Substation 414. Standards compliance. review Santa Ana Alain Library Windows Assessment Architectural Resources Group Architectural Rr��ni.irrr�< r rni �l i STANDARD BILLING RATES 1. Direct personnel expense shall be billed at the following rates, including time for meetings, public meetings, and presentations: Principal $250 to $300/hour Senior Project Manager $200to $250/hour Project Manager $180to $200/hour Senior Architect $180 to $200/hour Senior Designer $165 to $180/hour Senior Historian/ Planner $165 to $180/hour Senior Conservator $165 to $180/hour Architect $165 to $180/hour Designer $145 to $165/hour Historian/ Planner $145 to $165/hour Conservator $145 to $165/hour Junior Architect $135 to $145/hour Junior Designer $135 to $145/hour Junior Historian/ Planner $135 to $145/hour Junior Conservator $135 to $145/hour Intern $100to $135/hour Administrative Personnel $90 to $135/hour 2. Reimbursable Expenses shall be billed at cost plus 15% and shall include the following: a. Reproduction costs such as printing or duplication of drawings, specifications, written reports, and cost estimates, etc. b. Lodging, subsistence, and out-of-pocket expenses for authorized travel in connection with work, c. Travel: (including local) IRS allowable rate plus tolls and parking, or cost of air travel. d. Special teleconference or database access charges. e. Cost of models, special renderings, photography, special process printing, special printed reports or publications and maps. f. Postage and delivery charges. g. Professional consultants retained with client approval. h. Specialized equipment rental (required by the project), 3. Equipment Use Fee of $250 shall be charged for specialized equipment like the Thermal Imaging Camera, 3D Camera, or Binocular Microscope. 4. Rates shall increase 5% each year until the project is completed. 5. Rates effective January 1, 2022 thru December 31, 2022. 4 ALA IDS GROUP � w s / 1 Pgfers CanyorlRoad, Suite%130 I Irvinel California t2606 I T: (149) 387-8580 I www.!Agi.com \ EXHIBIT D EXHIBIT D FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit D. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A): Appendix II to Part 200 (B): Remedies for Breach• Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive 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, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — this Agreement since it is funded by CSLFRF Not applicable to (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix 11 to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 0) Appendix II to Part 200 M — §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, hops://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to IPart 200 (K)§200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou FIikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.P.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving, Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance dociunents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. N If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Burrola, Melissa From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Monday, October 31, 2022 9:53 AM To: Lillian.hu@idsgi.com; Burrola, Melissa; Thomas, Sean; syoung@risk-strategies.com Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PACE .AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor IDS Group, Inc. Name: Project TBD (92) Number: Project Agreement For Architectural And Engineering Services For The Public Name: Health Plaza And Wellness Programming Project The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, POLICY EXPIRATION NUMBER DATE COI DATE FILE NAME BA7R248947 05/01/2023 05/03/2022 City of Santa Ana COI's.pdf Cert for City of Santa Ana - Public Health 680914717919 05/01/2023 10/27/2022 Plaza & Wellness Programming (Revive Santa Ana).pdf 107008332 11/12/2022 05/03/2022 City of Santa Ana COI's.pdf UB4K463295 05/01/2023 05/03/2022 City of Santa Ana COI's.pdf