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HomeMy WebLinkAboutBLACK O'DOWD & ASSOCIATES, INC. dba BOA ARCHITECTUREINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 11.2I)•2023 CLERK OF COUNCIL DATE: DEC 2 9 2022 N-2022-376 AGREEMENT WITH BLACK O'DOWD AND ASSOCIATES, INC., DBA BOA ARCHITECTURE TO PROVIDE ARCHITECTURAL SERVICES FOR RESTROOM _UA IMPROVEMENTS (/ii"C THIS AGREEMENT is made and entered into this 19 day of December 2022 by and between (�iNidtA L� � V) Black O'Dowd and Associates, Inc., a California corporation dba BOA Architecture ("Consultant"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 29, 2022, the City issued Request for Proposal ("RFP") No. 22-104, by which it sought qualified consultants to provide architectural services for PAAL Center ADA restroom upgrades for the City's Public Works Agency. 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 22-104. 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 tasks and services described in the scope of work that was included in RFP No. 22-104, which is attached as Exhibit A and incorporated in full, and as further described 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 period(s), shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000). The sum is comprised of (1) the base amount of $35,500 and (2) a contingency in the amount of $14,500 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. C. Payment need not be made for work that fails to meet the standards of performance Page 1 of 10 - c4_"N 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 for a term of three (3) years, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two (2) one (1) year periods upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Page 2 of 10 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. a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CO 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 aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. S. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in Page 3 of 10 connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CO 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 6. 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 City. 7. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another clainns-made policy form with a Retroactive Date prior to the contract Page 4 of 10 /��� _ % ( _L effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City 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, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the set -vices described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section Page 5 of 10 ) ( JAB 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 infi•ingement 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 homy. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 10 4f,---J' / ( ) 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 Fax 714-647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Black O'Dowd and Associates, Inc. dba BOA Architecture 1511 Cota Avenue Long Beach, CA 90813 Attn: Edward Lok Ng A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Page 7 of 10 C � ( 'a � 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 that are the subject to this Agreement performed by City personnel or by other contractors 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 shalt 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. Payment need not be made for work that 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, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 8 of 10 �c �� N-2022-376 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Clerk of the Council Kristine Ridge City Manager APPROVED AS TO FORM BLACK O'DOWD AND ASSOCIATES, SONIA R. CARVALHO INC., DBA BOA ARCHITECTURE City Attorney c By: , randonSalvatierra Edward LokNg �r [2_Z7- 2L Deputy City Attorney President [signatures continued on next page] Page 9 of 10 „-_---� p C RECOMMENDED FOR APPROVAL Nabil Sa6d, PE Executive Director Public Works Agency Page 10 of 10 ,acoR®� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOoMYY) `.../ 11/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services, Inc. HONEo (714) 731-7700 FAX (714) 731 -7750 IPA Ent: A/C, No: 14252 Culver Drive, A299 ADDRESS: tlna@cornerstonespecialty.com INSURER(S) AFFORDING COVERAGE NAIC9 Irvine CA 92604 INSURERA: RLI Insurance Company 13056 INSURED INSURER B: Aspen American Insurance Company 43460 BOAARCHITECTURE INSURER C: 1511 Cote Avenue INSURER D: INSURER E Long Beach CA 90813 INSURERF: CERTIFICATE NUMBER: 2z/z3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE 0 o POLICY NUMBER FF MM/DUP/YYY POLICY EXP MMIDDNYYY) LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I —XI OCCUR EACH OCCURRENCE $ 2,000,000 PREMISES Eaoccurrence $ 1,000,000 x MED EXP(Any one person) $ 10,000 ADDT'L INSURED /P&NC X1 BLNKTWVROFSUBRO PERSONAL&ADV INJURY $ INCLUDED A Y Y PSB0007999 11/20/2022 11/2012023 GEN'LAGGREGATELIMITAPPLIES PER: POLICY [g JECTPRO- ❑ LOC GENERALAGGREGATE $ 4,000,000 PRODUCTS - COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED v NON -OWNED AUTOS ONLY ^ AUTOS ONLY Y Y PSB0007999 11/20/2022 11/2012023 X BGDILV INJURY(Per acdtlent) $ PROPERTY DAMAGE Per accitlenl $ X1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE Y Y PSE0003983 11/2012022 11/20/2023 OED T RETENTION $ It A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICEWMEMBER EXCLUDED? ❑Y (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y PSW0004454 11/2012022 11/2012023 v /� STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 11000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Professional Llablllty Claims Made AAAE100264-04 11/20/2022 11/20/2023 EACH CLAIM ANNUALAGGREGATE $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) The City of Santa Ana, Its officers, officials, employees, and volunteers are Additional Insured for General Llablllty & Non -owned and Hired Auto Liability, on primaryfnon-contributory basis, but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. 30 days Notice of Cancellation *Except 10 days Notice of Cancellation for non-payment of premium. For Professional Liability coverage, the aggregate limit Is the total insurance available for all covered claims reported within the policy period. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE n Santa Ana CA 92702 . //._ @ 1988.2015 ACORD CORPORATION. All rinhte ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0007999 Named Insured: BOA ARCHITECTURE RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacv FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOW NERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury' or "property damage" occurs, or the "personal and advertising injury' offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSE0003983 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit — Per Project Or Per Location B. Additional Insured — Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per Location Paragraph 2.a. of C. Limits of Liability of SECTION I — INSURING AGREEMENT is deleted and replaced by the following: a. The limit of liability stated in the Declarations as general aggregate is the most we will pay during each policy period for all ultimate net loss, except ultimate net loss because of: (1) injury and damage included in the products - completed operations hazard or; (2) any coverage included in underlying insurance to which no underlying aggregate applies. The general aggregate applies separately to each of your "projects" away from premises owned by or occupied by you or to each of your locations owned by or occupied by you. "Projects" mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project' at the same 'location" shall be considered a single "project'. For the purposes of this provision, 'location" means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or (3) premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. B. Additional Insured — Primary/Non-contributory Paragraph K. Other Insurance of SECTION IV — CONDITIONS is deleted and replaced by the following: K. Other Insurance If other insurance, whether collectible or not, is available to the insured covering a loss also covered by this policy, the insurance afforded by this policy shall be in excess of, and shall not contribute with, such other insurance. However, if the underlying insurance provides coverage to an additional insured on a primary basis, or a primary and non-contributory basis, this insur- ance shall be available to such additional insured on an excess basis over the underlying insurance. We will not share with other insurance which covers such additional insured as a named insured. C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph L. Subrogation of SECTION IV — CONDITIONS is deleted and replaced by the following: PPU 304 06 10 Page 1 of 2 L. Subrogation In the event of any payment under this policy, the insured must notify us of any of the insured's rights of recovery against any person or organization. We shall be subrogated to all such rights. The insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. However we waive any rights of recovery we may have against any person or organization if the underlying insurance also waives such rights. Any amount recovered through subrogation or otherwise shall be apportioned in the inverse order of payment of the claim or claims involved to the extent of actual payment thereof by all interests. The expenses of all such recoveries and proceedings in connection therewith shall be apportioned in the ratio of respective recoveries. With respect to proceedings conducted solely by us, if there is no recovery, we will bear the expense thereof. If there is a recovery, we shall be reimbursed in full from such recovery for the amount of all expenses incurred by us before apportionment of such recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be%of the California workers compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before a loss Schedule Job Description Job performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.( Endorsement Effective 11/20/2022 Policy No. PSW0004454 Endorsement No. Insured eOAARCHITECTURE Insurance Company RLI Insurance Company EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ARCHITECTURAL SERVICES PAAL CENTER ADA RE, STROOM UPGRADES RFP NO.22-104 INTRODUCTIONBACKGROUND The project proposes to rehabilitate the restrooms located within the Police Athletic and Activities League (PAAL) Community Center, which is located at 2627 West McFadden Avenue, Santa Ana, California. The project would remove architectural barriers that restrict access to those with disabilities and improve the existing restrooms within the community center to comply with the Americans with Disabilities act of 1990. In total, the project would rehabilitate four restrooms (two male and two female) consisting of removing existing plumbing fixtures , installing new fixtures with appropriate spacing , and updating the restrooms to provide an accessible path of travel to enter and exit the restrooms. The PAAL community center was built in 1970. Project - related physical changers would be limited to the interior of the PAAL Community Center and more specifically to the four restrooms proposed for rehabilitation. There are no proposed improvements to other interior spaces (such as lobbies or gathering spaces) and there would be no alterations made to the exterior of the PAAL Community Center. The facility needs its restrooms to be upgraded to be fully compliant with current Federal and State Regulations as they pertain to the American's with Disabilities Act (ADA). This includes the Federal "2010 ADA Standards for Accessible Design" as written by the U.S. Department of Justice, and the 2013 California Building Code (Title 24, Part 2, of the California Code of Regulations.) An ADA compliance survey was completed by the City in May 2022. The City is seeking an Architectural firm to take the findings from this survey and prepare Contract Documents to address the deficiencies so the project can be competitively bid for construction. Depending on the budget and estimated costs, the city would need to phase the work. Once 60 % documents are completed, the city intends to pursue Community Development Block Grant (CDBG) funding. The Scope of Work area includes, but is not limited to, the complete interior of the facility restrooms. Consultant Responsibilities: The Consultant's responsibilities shall consist of the following project tasks: City of Santa Ana RFP 22-104 Page Al-1 Task 1: Pre -Design Preliminary design phase shall include Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues, schedule. Task 2: Design Development (60%plans) Design development phase will involve development of plans based upon Task 1 information and analysis. ➢ Deliverables from this task shall include a 60% set of plans, draft outline specification and "Opinion of Probable Cost'. Task 3: Construction Documents (90% and 100% plans) Construction Documents phase (CDs) shall include finalizing plans and specifications 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 from this task shall include 90% and 100% plans, final technical specifications, and a finalized "Opinion of Probable Cost". Plans shall include, but are not limited to the following: • Title Sheet • Architectural o Entire Building Floor Plan o Enlarged Restroom Plans o Interior Elevations, as required o Building Sections, as required o Architectural Details, as required Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. It is imperative that the consultant exercise care and completeness when implementing plan check comments, to keep project moving more as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures. Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Subconsultants, to the City in CSI (Construction Specifications Institute) format. 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. City of Santa Ana RFP 22-104 Page Al-2 Project Files: Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or Microstation format Project Schedule: City is committed to receiving 60% construction documents by no later than 3-weeks after kick- off. Consultant shall be prepared to complete all tasks within a 6-week period. Kick -Off meeting will be held immediately following contract agreement execution. City will provide a 2-day turnaround when plan checking. City Responsibilities The City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate specification. • Acting as a liaison with the appropriate decision making bodies, as necessary. • Furnish electronic design file with City title block and title sheet (24" x 36") • Process plans for governmental agency approvals having jurisdiction over the project. Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task 1: Pre -Design Task 2: Design Development Task 3: Construction Documents Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. Special Requirements Compliance with Requirements of Funding Agency: This agreement will be funded through the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4, included in the Appendix of this RFP. City of Santa Ana RFP 22-104 Page Al-3 EXHIBIT B OCTOBER 26th , 2022 CITY OF SANTA ANA REQUEST FOR PROPOSALS (RFP 22-104) PAAL CENTER ADA RESTROOM UPGRADES SAMPLE SIMILAR PROJECTS DESIGNED BY BOA: Santa Monica AirportAdmin Building Renovated Restrooms Youth Activity -Teen Center New 1st Floor Entry & 2nd Floor Addition City- a ADA Compliance ew ' ssi U( P& Architecture S- Govemnrent 5errkes BLACK O'DOWD AND ASSOCIATES, INC. DBA BOA ARCHITECTURE 1511 COTAAVENUE LONG BEACH, CA90813 P H : 562-912-7900 Backs Community Center After New ADA Compliant Restrooms Santa Monica AirportAdmin Building Renovated Restrooms POINT -OF -CONTACT: EDWARD LOK NG, PRESIDENT LOK.NG@BOAARCHITECTURE.COM SUBJECT: DESIGN OF SANTA ANA PAAL CENTER ADA RESTROOM IMPROVEMENTS To: Michelle Cabanas & Gabriela Lomeli, October 26th, 2022 We are pleased to submit our qualifications and fee proposal in response to RFP 22-104 for the Santa Ana PAAL Center ADA Restrooms Improvements project. We have visited this facility and thoroughly understand its ADA compliance issues at the restrooms. BOAArchitecture has enjoyed over60 years of continuous practice. We are a very stable corporation with 6 employees that specializes in ADA Compliance design project for municipalities. If BOA is successful in renovating municipal facilities and being awarded this project, our workload is that we can begin work immediately and do everything within our resources to meet your schedule and collaborate with you to meet your construction budget, and resolve ADA Compliance needs. Our firm has completed the design of more than two thousand (2000) municipal type architectural design projects for over 80 different local cities and governmental agencies and BOA is intimately aware of expediting these types of projects. Of specific interest to you is that BOA has completed over 400 recent municipal design projects for the sole purpose of ADA Compliance. More importantly BOA has completed the design of over 50 Community Centers, 10 Teen Counters and 11 dedicated Senior Centers. Many of these projects are facilities ADA improvement projects very similar to the requested services at your project. ADA compliance and facility modernization projects in the $30,000 to $3,000,000 construction cost range are our firm's expertise and our competitive advantage. Our staff expertise and production systems are geared for these often "messy renovation/ and retrofit projects. We recently completed the facilities ADA compliance design, and construction administration for Backs Community Center restrooms and access ramp for the City of Placentia, as well as assisted the City of Irvine to renovate 3 Community Centers and 1 Senior Center for ADA Compliance including all restrooms. Among other restroom ADA Compliance projects designed by BOA include the Cities of Long Beach, Cypress, Anaheim, Redlands, Alhambra, Rosemead, El Segundo, Hawthorne, Huntington Beach, Tustin and La Puente. Overall, the proposed project is needed very much and will prove to be a great asset to the PAAL community and its staff, especially those who are disabled and elderly that will be using your facility. We feel BOAArchitecture and its Design Team are most qualified for this project. We believe our project team can best provide the requested services for the following reasons: • We Understand the Project We understand restroom ADA Compliance, police and municipal facilities design projects. Our previous ADA Compliance design experience in working with the Cities of Irvine, Anaheim, Cypress, Long Beach, Torrance, Newport Beach, Costa mesa, Redlands, Stanton, Los Angeles, Huntington Beach, San Bernardino County, Riverside County, LA County, Orange County, and many other municipalities in Southern California, coupled with our existing knowledge of working on similar ADA compliance projects and our experience in designing 50 Community Centers and a multitude of restroom renovations, will be a definite asset. We are also keenly aware of Federal ADA Guidelines and State Code Requirements for compliance with Title 24 as they pertain specifically to your project. • Our Approach is Proven BONs approach to the subject RFP project has been developed and refined on more than 400 completed restroom ADA Compliance design projects for various local Cities, Counties, State and Federal Government within the past 30 years since the ADA was first enacted in 1991. Our goal is that the project will be `on time" and "on budget," and that the constructed facilities exceed your expectations for function accessibility, ease of maintenance, and that the ADA Improvements will blend seamlessly with adjacent spaces and enhance the functionality of your PAAL Center. • We have Extensive Experience in Similar Projects We have provided an extensive list of both Community Center and Senior Center design projects, and other Municipal Publics Works ADA Compliance projects successfully completed by BOA. Many of these projects are directly related to your project. These projects exemplify our ADA Compliance design creativity, commitment to quality design, and our ability to solve restroom ADA related design problems quickly and effectively. We have also presented an extensive list of references from public entities and local cities that you may call to verify BONS client satisfaction. Thank you for the opportunity to submit this Proposal. We hope that our proposal communicates our enthusiasm and the strengths of our firm, project team, and approach. BOA ARCHITECTURE J C U Edward Lok Ng, Architect/ LEED AP Authorized Representative for BOA Architecture lok.ng@boaarchitecture.com 1511 Cota Avenue, Long Beach, Ca 90813 562-912-7900 We have reviewed the provided sample Standard Agreement and, if awarded, will complete the terms of the contract and properly provide proof of insurance, and copies of professional licenses. BOAArchitecture has no concerns with any of the provisions as stated in the sample agreement. BOA FIRM PROFILE Year Established: 1961 Years In Business: 62 years of continuous operation Current Number of Personnel: 6 Structure of Organization: S CORPORATION Stockholder: Edward Lok Ng Current Annual Dollar Volume of Work: $1,000,000 Level of Professional Liability Insurance: $2,000.000 Professional Liability, $2,000,000 General Liability Federal Tax ID: 95-2632309 LEGAL NAME AND ADDRESS OF FIRM: CURRENT WORKLOAD: Black, O'Dowd and Associates, Inc. Our current workload is moderate and is such dba BOAArchitecture that we can begin your Project immediately. 1511 Cota Avenue Long Beach, CA 90813 Phone: (562) 912-7900 E-Mail: lok.ng@boaarchitecture.com SERVICES PROVIDED BY FIRM Architecture Interior Design ADA Compliance Consultant STRUCTURE OF FIRM: California Corporation #D055-4236 Federal I.D. #95-2632309 State I.D. #153-7551-2 City of Los Angeles -Business License #437008-75 Dun & Bradstreet #04-441-9737 PERSONNEL BY DISCIPLINE: YEAR FIRM ESTABLISHED: Architects: One BOA was originally established in 1961 under Administrative: One the name of Black, O'dowd and Associates. Technical Support: Four BOA currently employs 6 employees. PRINCIPAL CONTACT: Edward Lok Ng, Architect, LEED AP Employed since 1982, Principal since 1996, License CA #C16840 ADA/ CASp: Leo Arteaga, CASp #55 Employee Since 1998 CURRENT INSURANCE COVERAGE: Professional Liability - $2,000,000 General Liability - $2,000,000 Limits can be increased if required and are negotiable on an individual basis. FIRM'S ANNUAL DESIGN FEES RECEIVED: Approximately $1,500,000 PRIOR ADA COMPLIANCE Since the 1991 enactment of the American Disabilities Act (ADA) BOA has been at the architectural forefront in the modification of existing facilities to comply with the ADA. BOA has arguably designed more architectural projects for the sole purpose of ADA Compliance, than ANY other architectural firm in Southern California. This is BOA's competitive advantage. BOA has been under contract to retrofit Government owned facilities for the following: • San Bernardino County (35 projects) • State of California, Dept. of Motor Vehicle (7 design & construction projects and ADA transition plan for 32 facilities) • State of California, Dept. of Mental Health (24 facilities and 600,000 S.F.) • City of Long Beach (80 projects) • State of California, RESD, PSB, Various State Facilities (4 projects) • State of California, Dept. of Fish and Game (8 projects) • International Longshore Workers Union (1 project) • City of La Puente (5 projects) • City of Hawthorne (20 projects) • U.S. Postal Service (20 projects for the Los Angeles Region) • City of Montebello (5 projects) • City of Tustin (2 projects) • City of Rosemead (2 projects) • City of Los Angeles (2 projects) • City of Redondo Beach (1 project) • City of Lomita (1 project) • City of Santa Maria (56 facilities) • City of Sierra Madre (2 projects) • City of Huntington Beach (7 project) • City of Alhambra (1 project) • City of Redlands (4 facilities) • City of El Segundo (1 project) • Cerritos College (35 facilities) • East L.A. College (40 facilities) One needs only to examine BOA's ADA project experience and the expertise of their staff to see the merit and justification for the above -mentioned commissions. BOA has the philosophy that ADA retrofit projects should not be a "tacked -on" solution. Building modifications for the purpose of ADA compliance should be well integrated into the building's function and not only compatible with the existing architecture, but aesthetically enhance it. BOA has extensive experience in the design of ADA Compliance projects for both governmental agencies and private clients. The following list of projects, with construction cost, in which BOA was hired "solely" for the purpose of ADA Compliance, were all completed within the last 10 years or currently in the design phase or under construction. RESUMES EDWARD LOK NG, ARCHITECT, LEED AP PROJECT RESPONSIBILITY • Maintain Client communication, lead overall design effort in form and function, compile client and user group input and day- to-day contact with Client. EDUCATION • Bachelor of Architecture, University of Hawaii, 1981 PROFESSIONAL REGISTRATION • Licensed Architect, C-16840, State of California, 1986 • LEED Accredited Professional 2009 • Completed Accessibility Surveyor Training for State Leased Buildings and Facilities, State of California, since 2003 EXPERIENCE: Edward Lok Ng has been a member of BOA since 1982. Principal and Director of Design, Mr. Ng has over 40 years of experience in all phases of the design process. He has personally designed and managed over 500 municipal facility projects and over 300 parks and recreation projects, over 200 civic center renovation projects, and over 20 Beach Restroom projects (new and renovated), and over 30 park restroom projects. Note that he has design beach restroom building recently for the cities of Long Beach, Redondo Beach, Newport Beach, and LA County at Torrance Beach. He leads a talented team of designers and consultants to ensure that design solutions effectively meet the clients' and users' needs while adhering to client schedules and budget constraints. He is proficient in computer aided design (CADD). He has been the Project Manager Designer for numerous City Hall facilities, civic/public buildings, parks and recreation, educational facilities, and beach restroom projects. This experience coupled with Mr. Ng's dedication and commitment to design excellence has led to numerous honors and commendations for BOA. Currently and recently, Mr. Ng has been the Project Manager for 2 Teen Center renovation projects, and for 4 beach -park restroom projects for the City of Newport Beach, 2 marina restrooms at Alamitos Bay. Marina for the City of Long Beach, and we just completed the design to completely renovate 5 park restrooms for the City of Agoura Hills. A certified plan review consultant to California's Division of the State Architect, Mr. Lok Ng has completed DSA-sponsored training as an Access Compliance Plan Reviewer and Accessibility Surveyor. As a member of the City of Long Beach Disabled Access Appeals Board since 1994 and the Design Review Board for the City of Downey since 1989, he has reviewed applications and appeals for a broad range of commercial and municipal designed projects. He is also LEED, AP Certified and has design several LEED Certified projects. His expertise on sustainability design will be a definite asset towards your sustainability goals. LEONARDO ARTEAGA PROJECT MANAGER, CASP PROJECT RESPONSIBILITY Apply and interpret technical requirements of the Americans with Disabilities Act and access provisions of the California Building Code. In addition, he will provide quality control of all Construction Documents for your project EDUCATION Bachelor of Architecture, California State Polytechnic University at Pomona, 2002 PROFESSIONAL REGISTRATION California Certified Access Specialist, 2009 - CASp #55 ICC-Certified Accessinility Inspector and Plan Examiner - #8088179 EXPERIENCE Leonardo Arteaga is a Project Manager with expertise in applying and interpreting technical requirements of the Americans with Disabilities Act (ADA) and access provisions of the California Building Code (CBC). Mr. Arteaga is a California Certified Access Specialist. He graduated from California State Polytechnic University, Pomona, in 2002 with a Bachelor of Architecture degree and has been at BOA Architecture since 1997. In 2009, he successfully fulfilled the experience and testing requirements set forth by the Division of the State Architect (DSA) and became a California Certified Access Specialist. His experience ADA Compliance experience includes accessibility plan check services on behalf of the DSA-Los Angeles Basin Regional Office and the County of San Bernardino -Department of Risk Management, ADA Transition Plan and accessibility inspections, compiling inspection information into accurate and concise accessibility reports, cost feasibility reports, and code analysis roles covering all phases of barrier removal. His relevant experience and expertise includes all types of municipal facilities (City Halls, Theaters, Auditorium, Community Centers) for ADA Compliance for the Cities of Long Beach, Placentia, Irvine, Huntington Beach, and for the State of California DMV at Oxnard. Other experience include DSA-LA Basin Region Office — Consultant Access Compliance Plan Reviewer (2008-2011), County of San Bernardino, CA— Inspection, Review and Analysis, and ADA Title III Private Entity Accessibility Surveys — multiple facilities. CITY OF SANTA ANA BOA Architecture: Prime Consultant Edward Lok Ng (10%) Architect, LEEDAP, PM BOA Architecture BOA Architecture Leonardo Arteaga (10%) Kyle Ng (80%) Quality Control, Production Director, Director of Interior Design, Project CASp Certified Manager Sub -Consultant Engineering Design Analysis, Inc. MEP Engineer Sub -Consultant Pacific Engineering Structural Enaineer Please note that BOA Architecture, as the prime -consultant, will be responsible for all aspects of your project. Mechanical Electrical Engineering: Engineering- Design -Analysis 10231 Slater Ave., Suite 203, Fountain Valley, CA 92708 Kevin Friedman, P.E. CA State License# 27267- holds a BSME from Purdue University. Mr. Friedman has over 30 years' experience in Public Works projects in facilities planning and design, interiors design, special building systems planning and design, laboratory design, controls, energy conservation, and computerized building modeling and simulation for commercial and public works projects. Structural Engineer: 17703 Crenshaw Blvd. Torrance, CA 90504; Victor Chaiprasert CA State License #C36235 - Mr. Chaiprasert is a registered structural engineer in the State of California with over 30 years of experience in steel, timber, masonry and reinforced concrete construction of all types of structures. BOA has worked with Pacific Engineering for over 20 years. We have reviewed the Scope of Work of the project in the RFP and completed a walk thru of your facilities, and we thoroughly understand your project. BOA will provide Architectural and Engineering services for the ADA Improvements to your restrooms at your PAAL Center. The following is our project understanding. The scope of our work will be to renovate the existing pair of children's restrooms (boys and girls), existing men's and women's restroom and single occupant staff restroom. Our goal for this project is not to decrease the number of plumbing fixtures as it is often the case with restroom ADA Compliance due to the required space needs and clearances. We pride ourselves in being problem solvers and thinking "outside the box" to save our client money. In many of our past ADA Compliance projects, we have been able to maintain the same the number of plumbing fixtures with minimal wall reconfiguration. This has proven to be a plus for our clients, especially in facilities that serve large gatherings and host special events. We will also replace restroom signage with new ADA Compliant signage that will be compatible will the building signage for visual access. We will make sure that your facilities meet your commitment to aesthetic, patron safety, ease of maintenance use -ability, and meet your future accessibility needs. We also understand that your budget for construction is very tight. We will make sure your dollars are spent wisely and our product is "value added". Anticipated Approach: • We will renovate all five restrooms for ADA compliance. The renovation of these restrooms may involve removing adjacent walls and cabinets to provide ADA clearances. We will work to limit the scope of work to the existing walls of the restroom as much as possible and make an effort to not change the structure of the building. • Renovation of all the restrooms will include new plumbing fixtures, accessories, exhaust vent covers/grilles, new sink counters at all restrooms, new lighting fixtures, new floor, wall and ceiling finishes. Tasks Necessary for Successful Completion: • Conduct ADA compliance site survey to verify existing conditions and field measurements • Verify scope with City and Facilty Staff • Interview maintenance staff for facility needs, and product and material preferences • Provide drawings at the Schematic Design Phase to verify scope and restroom layouts • Provide drawings for review and feedback at 50%, 90% and 100% construction documents Deliverables: • Atthe 50%, 90% and 100% Construction Document Submissions, BOAwill provide documents suitable for public bidding and construction • Drawings will include, floor plans, enlarged restroom plans, interior elevations, sections, and details • Project CSI technical specifications. City shall provide "boiler plate" • Opinion of Probable Cost Suggestions or Special Concerns: • The following ADA Compliance will need to be resolved: Note that the existing fixtures do not provide proper clearances, particularly at the men's restroom, the urinal is within the access route to the existing toilet stalls Assumptions and Exclusions: • BOA Architecture assumes that the City of Santa Ana will provide accurate building record drawings/as-builts, ADA Compliance Survey, Hazardous Material Report and anything other information regarding the facility • Excluded from the scope of work are 3D-views/renderings PROJECT MANAGEMENT APPROACH This section contains a description ofourwork plan and project management approach, highlighting the services we are providing to complete your project as contained in the Scope of Work of the RFP. We have visited the site where work will be done and we totally understand what needs to be done. BOA has over 60 years of continuous architectural experience in managing and designing similar public facilities from project conception to project close-out. Our staff also has an abundance of architectural Public Works facilities experience and successful past performance for the following areas of an architectural project: • Program Development • Feasibility Studies/Project Definition • Conceptual Design • Project Design -Construction Documents • Specifications • Design Reviews • ADA Compliance Code Research • Cost Estimating • Value Engineering • Constructability Reviews • Building Evaluations • Troubleshooting • Construction Support Services • CADD and BIM/3D Modeling BOA's project management approach is based upon our extensive past experience in preparing comprehensive architectural construction documents for architectural Public Works projects using a Multi -Discipline Design Team. Your project will need not only architectural expertise, but also other design disciplines, such as ADA Compliance (in-house expertise) electrical, Mechanical Engineering design, and structural engineering. BOA will provide leadership and direction to the Design Team. BOA's management approach incorporates 6 components used successfully on facilities design projects: 1. Project Management 2. Project Documentation 3. Consultant Coordination 4. Construction Administration 5. Quality Control 6. Work Plan 1. PROJECT MANAGEMENT BOA, throughout an extensive history of municipal senior center design, civic center design, parks and recreation facilities design, Community Centers, and facilities addition/renovation continues to develop and refine its management philosophy to better address its future projects. BOA will implement our most advanced management techniques in the undertaking of this project. The goal of our management philosophy is to accomplish a well -designed project that exceeds client expectations, meets its budget, is deliverable on time, and meets all functional needs and City, State and County building code requirements. Our techniques of management encompass the ideals by which these goals are achieved. Our project management approach is characterized by the following considerations: Design/Management Integration: Successful projects require the fusion of the design disciplines with those of management. They must have common goals and an integrated process. This is best achieved by appointing leaders with mutual respect and extensive facilities modernization and public works design experience on similar projects. BOAwill have Edward Lok Ng, Principal, as the Project Manageron a full-time basis.An examination of Mr. Ng's qualifications reveals that he has personally designed and successfully managed over 400 Municipal facilities modernization projects and he has been the project Designer in all BOA's recent projects involving Teen Centers and Community Centers and ADA Compliance. It is the Project Manager's task to help establish the appropriate design vision and see it through its successful realization. Client Participation: Client participation will be critical. Design goals cannot be realized without the thorough understanding of the client's needs and sensitivity to ADA Compliance. The early involvement of the client and the users will be continued throughout the design process. The Project Manager will ensure that the efforts of the team are always addressed to the specific client user group. The understanding and involvement of the client will extend to City appointed representatives, i.e., maintenance managers, engineering staff, and City inspectors and engineers in a mutually productive partnership. BOA is intimately familiar with both modernization and facilities ADA Compliance projects. Team- work and close coordination among staff, consultants, and the Clients are essential to a successful project. Timely participation and response of the Client is absolutely critical if the project is to be successful and "on time". BOA will be responsible for ensuring that a high degree of coordination occurs and that project milestones are met. BOA's biggest assets are its attention to construction details, thoroughness in drawing documentation and ease of constructability. A major priority of BOA will be to establish continuing dialogue with your staff, Building/Safety plan check, and representatives of interested parties so that our products reflect community goal, City policy, and conformance with your Design/Manual Standards. Continuity: The understanding of the project needs and the resultant design goals must be maintained throughout the project's duration. In construction phases, it is as necessary as in the design phases, to make certain that the original intent, of the client and designer are realized in the final built product. This will be very important in the construction phasing of your project. The key members of the team, under the leadership of the Project Manager will be responsible for the direction of the project throughout all phases to ensure continuity of design intent. 2. PROJECT DOCUMENTATION Project Documentation is a result of systems set up in BOA's Project Management Manual. This guide on how to run a project effectively and efficiently, developed more than 60 years of architectural practice, is firm, but flexible; responsive to the specific dynamics of specific projects, but unyielding in its insistence on full documentation, responsiveness, and performance. Keys elements include: Project Checklist: This is initiated at the beginning of each project and services as a guide of all elements of the project to be completed, and as a central index for all project related material. It is continually updated and reviewed during regular project audits. Product File and Technical Project Checklist: Initiated at the commencement of design, this checklist serves to record all considerations and decisions regarding building materials and methods to be used in construction. It also becomes a comprehensive guide for preparation of the Construction Documents. 3. CONSULTANT COORDINATION The engineering consultants play a very critical and active role in all phases of the work. The Project Manager leads in coordinating the efforts of consultants with the help of: • Frequent coordination meetings. • Consultant orientation packets which are distributed at project commencement and periodically through the project. • Clearly defined scopes of work which define separation of responsibilities and eliminate grey areas. • Milestone Outline, prepared specifically for each project which clearly defines consultant performance expectations for each phase. • Project Schedule coordinated with a milestone outline, reviewed and signed off by all consultants. • Drawing Status Log which is updated every two weeks which track's consultant's performance. • CADD (AutoCAD 2020 and Revit 2020) procedures involving background and overlay methodologies that insure up-to-date and coordinated design effort. Your project drawings will be completed using BIM/3D/Revit 2016 (3-dimensional modeling). 4. CONSTRUCTION ADMINISTRATION BOA understands the importance of efficient construction administration. To ensure that the design and technical intent are conveyed to the contractor and that the project knowledge is available throughout this phase, the construction administration is led by the project manager. The Project Manager, Edward Lok Ng will personally review shop drawings as well as attend all job site meetings to resolve technical design issues. A Senior Project Manager from each of our engineering consultants will be assigned to assist the Project Manager and ensure that the highest standard, procedures and methods of construction are employed. BOA has a Construction Administration Manuel to assist the Project Manager with an established system to track shop drawings, RFI, change orders, and documentation of construction site meetings, so that keys decisions are tracked and managed for the benefit of the Client. If there will be on -going operations and services, BOA will assist in the development of a Construction Phasing Plan to ensure that on -going operations and services will have minimum disruptions. BOA is well aware of the need for City facilities and services to remain operational during construction. We have had good results recently assisting the Cities of Long Beach, Torrance, City of Irvine and Huntington Beach on renovation and addition projects that require facilities to remain open during construction. 5. QUALITY CONTROL Quality assurance begins with the commitment, experience and abilities of the team members. All of the firm's personnel contain many design specialists versed in the complexities of the individual phases of the design process. The quality assurance program for the project will draw on these skills to assist the team in obtaining its goals for a design of vision that delivers the maximum functional and accessibility solution to the user that addresses the needs of the client and does so with the most efficient construction process. BOA has an established Quality Control program that is based on three mechanisms: The Quality Control Manual: The Quality Control Manual documents, activities, tasks, and deliverables are to be achieved in each phase of work. Checklists are included and, at the completion of each phase, are signed off by the Project Manager. The manual also includes exemplary forecasts for meetings, programs, schedules and agendas. We have a quality control checklist that is customized especially for Public Works facilities renovation projects. Checklist items range from electrical and plumbing fixture standards, to City/County department clearances, to record drawing procedures, to amount to copies needed for review submittals, and much more. Quality Control Review: Quality Control Reviews occur prior to review Submittals and at key points in the project schedule. During these reviews, the entire sets of documents are checked by an experienced, a licensed architectwho has had major experience in the design of similar projects to ensure a "questioning character" in this process. Major emphasis is placed on Constructability and on satisfying the operational requirements of the user and thoroughness of documentation. As apart of this project, BOA will commit Mr. Leo Arteaga, Quality Review Officer. Mr. Arteaga will be ideal for this role because of his extensive municipal and Public Works experience and familiarity with working on municipal Community Center facilities and ADA Compliance. Mr. Arteaga will review all deliverables at, 50%, and 95% completion. This involvement is formalized and part of the quality control manual procedures. We are committed to providing quality design services and trust that our past work with numerous other local cities is indicative of that commitment. Project Standards: From our experience of over 2000 architectural Public Works projects, BOA has developed its own Project Standard that can be customized to the Client that enhances quality control of bid documents and the construction process. Project Standards include: A. Construction document detail drawings: With the input of past governmental clients, BOA has developed, refined, and field tested over 300 Standard construction details that are geared for public works renovation/addition projects. We have Standard, field tested, construction document details for just about every field condition possible; accessible lavatory counters, transitions of existing material to new material, restrooms upgrade, signage, railings, entry doors, stairs, ramps, site work, parking lot, window/door replacement, roof repair, building expansion joints, new flooring, new addition to existing, HVAC replacement etc. B. BOA has developed a standard facilities modernization equipment list e.g., types of flooring, new handrails, access lifts, lighting fixtures, plumbing fixtures, drinking fountains, furniture, restroom accessories, ramp equipment, roof materials, etc., complete with manufacturer Model # and their acceptable approved equal. The Standard equipment list have been field tested and proven to be of high quality, durability, parts availability, and acceptable to the many past municipal clients. C. BOA has developed a standard keynoting system with over 150 items that addresses virtually every facility field condition and ADA Compliance conditions and many specialize retrofit/repair conditions. These standard keynotes have been field tested and refined, and have proven to be clear and concise to construction contractors. 6. WORK PLAN At the beginning of every project, we create a written work plan showing every phase of design from conception to project close-out. This provides our staff and you, the client, a `road map" of what we do at each phase of your project. Due to page limitations, our Work Plan is available upon request. new access lift and accessible stair retrofit new drinking fountain new accessible restroom At Heritage Park Community Center At Harvard Park Community Ctr Irvine ADA Compliance at 4 Community Centers Client: City of Irvine, Public Works Dept., contact: Kal Lambaz 949-724-7555 Architect Team: Edward Lok Ng, Leo Arteaga Construction Completed: 2017 Construction Cost: $400,000 Project Description: BOA designed ADA Compliance improvements and interior renovations for modernization and accessibility to 4 community centers at; Fine Arts Center, Heritage Park Community Center, Harvard Park Community Center, and Deerfield Park Community Center. Every effort was made to isolate construction areas and to minimize construction cost, and to be architecturally compatible with the existing architecture at each separate community center. The project scope of work at these 4 community centers included renovation work to create accessible restrooms, new indoor ramps and stair handrails, access lift, signage, new doors and door hardware drinking fountains. Site elements included concrete accessible ramps, stair handrails drinking fountains. new ramp to lower level seating New accessible restroom, Harvard Community Ctr new outdoor ramp At Fine Arts Center new accessible restroom BOA Architecture BEFORE Relevant Experience New Computer Hawaiian Gardens Teen Center Construction Cost: $500,000 Owner: City of Hawaiian Garden Architect Team: Edward Lok Ng, Leo Arteaga Completed: 2019 Project Description: BOA was commissioned to completely renovate and convert an existing 3000 sf. old pre -manufactured building that was used as a childcare facility to a new facility dedicated to teenagers of Hawaiian Gardens. It was designed to meet their recreational and social needs, and also provide after -school and weekend "intervention" programs. It was designed specifically for teens, to give them "their own place". A place that is safe, with programs catering specifically to teens, and a place to receive guidance, supervision and help with their homework. The entire existing interior was gutted while the exterior shell was left in -tack. The interior improvements included; a large multi -purpose game room for computer gaming, table games, and social activities, a large computer room for homework and training, another room for homework and internet access, teen counseling is available in the staff office, arts and crafts, kitchen for cooking crafts and snacks are accommodated in the large multi -purpose room. Large expanses of interior glass windows allow separation and easy visual access for one staff member to visually survey all the rooms from the staff office. Other interior improvements include; new LED lighting throughout, ADA restrooms, warming kitchen. Outdoor improvements include; new landscape-hardscape, large outdoor multi- purpose gathering area with basketball court and volleyball court stripping, and shaded picnic-BBQ area. ADA compliance improvements include; U� retrofit ADA restrooms, new ramp at front and rear entrances, accessible parking stall, and new doors. r The exterior was painted in a playful multi -color scheme to accentuate the modules of they, premanufactured building and give the appearance of a place that is fun and full of life. Multi -color interior accent walls recall the exterior color scheme. AFTER BOA Architecture Relevant Experience BACKS COMMUNITY CENTER, ADA Compliance Client: City of Placentia Contact: Luis Estevez, Director of Public Works Construction Completed: Oct. 2017 Architect Team: Edward Lok Ng, Leo Arteaga Construction Cost: $300,000 CDBG funds Project Description: BOA was responsible for ADA compliance to this 8,000 sq f.t. community center/senior center. Work included, accessible ramp, accessible parking, new walkways and sidewalk repair, stairs retrofit, new guardrails/handrails, restroom totally renovated, door and door hardware, and new drinking fountains. BOA creatively deleted the non -accessible front entry ramp to form an ADA compliant sloping entry ramp. The restrooms were very tight to begin with. BOA was able to make the restrooms ADA compliant without deleting any plumbing fixtures, as all the fixtures were needed for special events. BEFORE, non-ADA compliant sloping ramp BEFORE, non-ADA compliant restrooms ADA retrofit of stairs and new ramp at the right side AFTER, new ADA compliant entry ramp AFTER, totally new ADA compliant restrooms BOA ARCHITECTURE RELEVANT EXPERIENCE PLACENTIA POLICE DEPARTMENT Lobby Security & ADA Compliance New access wall and tile flooring New ADA Compliant retrofit public counter w bullet-proof glass New ADA compliant restrooms New automatic sliding entry door Client: City of Placentia contact: Luis Estevez, Public Works Director 714-993-8120 Construction complete: Sept. 2017; Construction Cost: $250,000 to $300,000 Architect Team: Edward Lok Ng, Miguel Andrade, Leo Arteaga Project Description: BOA Architecture provided architectural design to the renovation and Tenant Improvement of the public lobby, public counter, and converted 2 existing non-ADA Compliant restrooms into 3 ADA Compliant single —accommodation restrooms for the Placentia Police Department Headquarters facility. This project incorporated many security components and workplace safety features such as, restricted access to the public, and bullet -resistant panels and glazing were added to safeguard the front reception counters and allow staff to have visual access to the lobby to view possible threats and improve customer service. Painted accent walls combined with new porcelain tile floors and wood grain countertops/cabinets create "invitingness" and contemporary style to the new lobby interior design. New LED lighting brightened the lobby and public counters for staff and patrons. Three new ADA compliant restrooms were outfitted with the same contemporary porcelain tiles on the floor and walls as the lobby tile. New hi-lo drinking fountains and automatic sliding entry doors provided the police dept. with further accessibility. 1511 Cola Avenue Long Beach CA 90813 Telephone 562-912-7900 p OuArchitecture Government Services Compliance improvements at the Civic Cent Redland City Hall Improvements & ADA Compliance Client: City of Redland, CA Construction Cost: $500,000 CDGS funds Project Description: BOA was commissioned to design for ADA Compliance and modernization for the civic center plaza, City Hall, engineering dept. and Community Development. Work included; front door entries, public counter retrofit, restroom retrofit, door hardware replacement, new walkways, new ramps, ramp retrofit, stairs retrofit, sitework/parking lot/landscape improvements, new handrails, and signage for better'wvay- finding." w N.boaarchitecture com s, interior ramp New ADA _:ructure SANTA MONICA AIRPORT ADMINISTRATION BLDG. RESTROOM RENOVATION AND ADA COMPLIANCE Original restrooms before renovation Newly Renovated Restrooms Client: City of Santa Monica, contact: Alex Parry, Project Manager Date completed: June. 2020 Architect Team: Edward Lok Ng, Leo Arteaga, Miguel Andrade Construction Cost: $410,000 Project Description: BOA Architecture, provided design and construction documents for three sets of restroom renovations (6 total) for the Santa Monica Airport Administration building. Note that all the existing restrooms were completely gutted and then completely remodeled. This project incorporated new floor, wall and ceiling finished, new accessible stainless -steel lavatories and new toilets, new solid phenolic toilet partitions, lightings, and stainless -steel toilet accessories. Each set of restrooms serves the staff building tenants and the public who visits the airport at three building floors. BOA Architecture EXISTING AERIAL OF NEW AND RENOVATED FACILITIES Relevant Experience Project: Youth Activity -Teen Center, Construction Cost: $1,400,000 Owner: City of Sierra Madre, CA Project Description: A new "state of the art" facility dedicated to teenagers of Sierra Madre, it will meet their recreational and social needs, and also provide after -school "intervention" programs. It was designed specifically for teens, to give them "their own place, their "clubhouse" on the second floor over an existing community center. In outreach meetings with the teens„ the teens decided that it should be a "tree house" just for teenagers. This second floor addition was nestled among oak trees, incorporated articulated knee braces (representing tree branches) and fiber cement siding & generous roof eave overhangs into a contemporary expression of craftsman mot'rf to achieve Lhe "tree house' appearance. The architecture was also sensitive to the surrounding residential craftsman style and the architecture of the existing building on the first floor, by matching the existing horizontal red brick and low pitched wood gable roof. This facility included a large multi -purpose game room, other rooms for homework, computer labs, teen counseling, staff office, skateboard storage, arts and crafts, kitchen for cooking crafts and snacks, and outdoor gardening and gathering areas. Playful colors and shapes dominate the interior. Large corner windows provided panoramic views of the City park grounds. The new second floor addition was built independent of the roof structure below to allow current City programs to remain operational during construction, and to save money on needless demolition and rework of the existing first floor. The first floor was also renovated for ADA compliance that included retrofit restrooms, new ramps, reception counter, and new doors. BOA Architecture New 2nd floor Teen Center with a "tree theme for snacks & st Relevant Experience for Large arts & crafts room Project: Sierra Madre Youth Activity Center (Teen Center) Location: 611 E. Sierra Madre Blvd.. Sierra Madre, CA 91024 Construction Cost: $1,400,000 Year Built: 2005 Client: City of Sierra Madre, Dept. of Public Works City of Pasadena (2018-Current) Hayden Melbourne, Principal Engineer 100 North Garfield Ave, N306 hmelbourn@cityofpasadena.net Pasadena, CA 91101 (626) 744-7345 City of Placentia (2018-Current) 401 E. Chapman Ave. Placentia, CA 92870 City of Cypress (2018-Current) 5275 Orange Avenue Cypress, CA 90630 City Bellflower (2016-2020) 16600 Civic Center Dr. Bellflower, CA 90706 City of Irvine 6427 Oak Canyon Irvine, CA 92618 City of Costa Mesa City of Newport Beach 100 Civic Center Dr Newport Beach, CA 92660 Luis Estevez, Acting Deputy City Administrator lestevez@placentia.org (714) 993-8120 Nick Mangkarakiri nmangkai@cypressca.org (714) 229-6729 Bernie Iniguez biniguez@bellflower.org (562)804-1424 Alex Salazar PE asalazar@cityofirvine.org 949-724-7408 Naz Mokarram, PhD, PE, GE Naz. Mokarram@CostaMesaCA.Gov Office: (714) 754-5357 Tom Sandefur, P.E. (949)644-3321 tandefur@newportbeachca.gov The proposed scope includes architectural design services to improve an existing set of multi - accommodation Men's and Women's restrooms (2 total), an existing set of single user Boy's and Girl's restrooms (2 total), and an existing single occupant staff restroom to meet current ADA standards. BOA will perform services customary and typically rendered in the field of Architecture including but not limited to: Pre -design Phase: • Consult with authorized City employees, agents and representatives having jurisdiction relative to the design and construction of the project or requested work. • Make field trips as required to review existing site conditions and to properly prepare and design construction documents and/or make recommendations. Architectural Schematic Design Phase: • Provide items within the Scope of Work that will be fully ADA compliant. • Prepare preliminary design documents, schemes, sketches, conceptual plans, construction documents, and other required drawings along with technical specifications and product recommendations describing size, character and quality of the project. Revise documents to the satisfaction of the City. We will use Revit BIM, a 3-dimension software and Auto CAD Software program. • Attend meetings as scheduled, if requested. Construction Document Phase: • Prepare plans, cost estimates, and specifications in such form as to comply with the latest applicable laws, building codes, and ordinances. All applicable requirements shall be met with required/necessary calculations performed with regards to structural requirements. • Prepare and submit itemized preliminary construction cost estimates for budgetary purposes, at the design development and construction document phases to ensure budget conformance. • Provide submittal and corrections to City Plan Check and obtain all City clearances for Building Permit. • Perform coordination and plan checking for designs performed by sub -consultants and make recommendations in the interest of the City, when requested. Construction Support Phase (As -Needed): • Assist City with technical Construction Support limited to amount of hours per Fee Proposal. SCHEDULE The Time Schedule for the City of Santa Ana, PAAL Center ADA Restroom Improvements is as follows: Milestone Weeks Project Kickoff Meeting and Sit Walk to Verify Field Measurments Submit Schematic Design Design Development and Receive Client 0.5 Comments Submit 50% Construction Documents And 1.5 submit for City Review Receive Client and City Comments 0.5 Submit 90% Construction Documents and 2.5 procure all City Building and Safety approvals and submit 100% Total Design Time: 6 weeks from Project Kick-off Meeting NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal NOTARY WILL BE SIGNED AND GIVEN UPON RECIEVING AWARDED PROJECT City of Santa Ana RFP 22-104 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to fie the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Black O'dowd and Associates, Inc. DBA BOA Architecture Signed and Printed Name: Title President 10/21/22 Edward Lok Ng, _ City of Santa Ana RFP 22-104 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 22-104 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is sub'ect to all the penalties imposed for a violation of the Chapter. Signed: resident P Title: Firm: Black O'dowd and Associates, Inc. DBA BOA Architecture 10/21/22 Date: City of Santa Ana RFP 22-104 Page A3-4 EXHIBIT C FEE PROPOSAL City of Santa Ana PAAL ADA Restroom Upgrades date: Nov. 7, 2022 updated Construction Cost Est: to be determined for: Citv of Santa Ana prepared by: BOA Architecture, Edward Lok kick-off meeting to verify scope of work, obtain s-built dwgs. 3 hrs 150 450 project management, confirm costtwork plan & prep field work 3 his 150 450 site assessment, measurements & photos 3 hrs 100 300 meeting or coordination with Client 2 hrs 150 300 CADD - 3D modeling; as -built drawings 6 hrs 100 600 2,100 ARCHITECTURAL SCHEMATIC DESIGN floor plan design 10 hrs 150 1.500 CADD - 3D modeling 10 hrs 100 1,000 project management, input from owner&subconsultants 6 hrs 150 900 construction cost estimate 4 hrs 150 600 4,000 SUB -CONSULTANTS and EXPENSES structural engineering 4,000 mechanical 2,000 plumbing engineering 2,000 electrical engineering 1,0005,500 Asbestos -Lead paint hazardous materials report photocopies, large size prints, travel, delivery 200 14,700 ARCHITECTURAL CONSTRUCTION DOCUMENTS CADD - 3D modeling 34 his 100 3,400 refine design of floor plans, interior, special details 10 hrs 150 1,500 project management 6 hrs 150 900 meeting or coordination with Client 6 hrs 150 900 specifications in CSI format 6 hrs 150 900 construction cost estimate 4 hrs 150 600 quality control 10 hrs 150 1,500 client/blda dent dent submittal and corrections to comments 14 hrs 100 1,400 TOTAL DESIGN FEE: $31,900 CONSTRUCTION SUPPORT (AS -NEEDED BASIS) Bidding Assistance, pre -bid meeting 6 hrs 150 900 construction meeting(s) 8 hrs 150 1,200 Respond to RFI and technical assistance 10 hrs 150 1,500 CONSTRUCTION SUPPORT FEE: $3,600 TOTAL DESIGN & CONSTRUCTION SUPPORT FEE: $35,500 NOTES AND RESTRICTIONS mil^ 1. Scope of Work limited to that stated in BOA's RFP response. ll�'� e 2. BOA will provide blueprints for submittals to Bldg & Safety Dept.. T�✓ J7 V- 3. The Client will provide, as much as possible, accurate as -built dwgs. & locations of all utilities. 4. BOA will be responsible for procurement of an asbestos/environmental report as directed by Client.