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HomeMy WebLinkAbout25B - AGMT - CENTENNIAL LAKEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 19, 2016 TITLE: AGREEMENT WITH DUDEK, INC., FOR AQUATIC ENGINEERING SERVICES TO REHABILITATE CENTENNIAL PARK LAKE (PROJECT NO. 16 -2657) (STRATEGIC PLAN NO. 6,1F) I CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on l Btl Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Dudek, Inc. to provide Aquatic Engineering services for a one -year term beginning April 20, 2016, through April 19, 2017, with provision for two one -year term extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $55,000 over the life of the agreement subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Centennial Lake is a man -made, 10 -acre water feature at Centennial Park, which is situated just south of Edinger Avenue between Fairview Avenue and the Santa Ana River. Since its construction in 1978, no major renovations have been made. Existing lake facilities and equipment have now been in use beyond their life expectancy. As a result, water quality has significantly declined in recent years. To rehabilitate the lake, a consultant specializing in aquatic engineering must be retained to assess the lake and its environment, develop restoration recommendations that are holistic in approach and provide associated cost estimates. A Request for Proposals (RFP No. 15 -127) for Centennial Park Lake Circulation and Aeration Study was released and posted on the City website on January 11, 2016, with proposals due on February 1, 2016. Four proposals were received and subsequently reviewed by a four - member committee comprised of staff from the Public Works and Parks, Recreation & Community Services agencies. Proposal evaluations were based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. The fee schedules were opened and reviewed as the final component of the evaluations, and the proposals were ranked accordingly, as follows: 2513-1 Agreement for Aquatic Engineering Services April 19, 2016 Page 2 Rank Firm Score 1 Dudek, Inc. 91.8 2 PACE (Pacific Advanced Civil Engineering, Inc.) 85.5 3 Aqua Technex, Inc. 67.0 4 Aquatic Environments, Inc. 55.3 The proposal by Dudek, Inc., contains adequate resources to complete the required basic services, and the firm's rates are reasonable and within industry standards. The proposal was found to provide the best value and is appropriate for the project because of its strong qualifications, project understanding, as well as the proposed scope of work and corresponding fee schedule in the amount of $49,703. Staff is cognizant that these types of studies involve unknown environmental factors which could require additional work. Therefore, staff recommends inclusion of a 10 percent contingency for this contract, for a total amount not to exceed $55,000 (Exhibit 1). As with all professional services contracts, the City Project Engineer will monitor the consultant for progress and delivery of services, and will recommend progress payments accordingly. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and /or replacement costs in future budgets). FISCAL IMPACT Funds in the amount of $45,000 are budgeted and available for expenditure in the FY 2015/16 Capital Improvement Program in the Capital Outlay Fund (Account No. 05113263- 66220, Project 16- 2657). Funds in the amount of $10,000 will be budgeted for FY 2016/17 in the Parks Acquisition & Development Fund, District 4 (Account No. 31413260- 66220). The funds will be expended according to the budgeted funds available this fiscal year, and the balance of the contract budgeted and expended in FY 2016/17 as shown in the following table: 25B -2 Agreement for Aquatic Engineering Services April 19, 2016 Page 3 Contract Period Fiscal Year Account No Amount FY 2015/16 05113263 -66220 $45,000 FY 2016/17 31413260 -66220 $10,000 TOTAL: ®� 0-.m. Executive Director Public Works Agency MCI APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FM /EWG /SF Exhibit: 1. Agreement Francisco Gutierrez Executive Director Finance & Management Services Agency kh 25B -3 25B -4 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 20th day of April, 2016 by and between DUDEK, Inc., (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Aquatic Engineering. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shalt perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for fee of $49,703.00, at the rates and charges identified in Exhibit B attached hereto and incorporated by reference. A contingency often percent (10 %) shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total sum to be expended under this Agreement shall not exceed $55,000.00 during the tern of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Exhibit 1 Page 1 of 8 25B -5 3. TERM This Agreement shall commence on the date first written above and terminate on April 19, 2017 unless terminated earlier in accordance with Section 15, below, The tern of this Agreement maybe extended for two (1) one year period upon a writing executed by the City Manager and the City Attorney 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates anon-exclusive and perpetual license for Cityto 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 Documents & Data which were provided to Consultant by the City. City shall not be limited in anyway in its use of the Docuunents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Page 2 of 8 25B -6 Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injiuy, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (3 0) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refiises to furnish the City with required proof that insurance has been procured and is in force and-paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of tennination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Pa 3of8 25B -7 INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code §2782.8, the above indemnity shall be limited, to the extent required by Civil Code §2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant tinder this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 25B -8 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Fred Mousavipour, Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P,O, Box 1988 Santa Ana, CA 92702 Fax: (714) 647 -5654 Page 5 of 8 25B -9 City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Fax 714- 647 -6515 To Consultant: Dudek, Inc. Bob Ohlund, PE 31.878 Camino Capistrano #200 San Juan Capistrano, California 92675 949 - 450 -2626 www.dudek.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United. States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns 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 terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: Page 6 of 8 25B -10 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINA'T'ION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govermuental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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, intact, held by the signatory or is withdrawn. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 8 25B -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVAI,IIO City Attorney By: o e Sandoval — iefAssistant City Attorjicy RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Dudek, Inc. By: Tax ID# Page 8 0f8 25B -12 EXHIBIT A 2 Scope of Services Schedule Scope of Work Dudek will provide preliminary engineering services to collect and review existing background data. Data collection includes right -of -way documents, existing utilities plans, soils and geologic Information, "as- built" construction drawings for the lake, park and existing nearby utilities, existing hydraulic and master plans of drainage, irrigation plans, previous project reports, and proposed development plans. In addition, a field reconnaissance investigation of the project study area will be performed. The field investigation will include a verification of the site conditions and accuracy of the existing improvement plans. Soil Analysis • Excavate 5 small diameter borings to depths of 2 feet below the existing lake bottom. Borings depths of 2 feet are based upon the assumption that the sediment on the lake bottom is no more more than 1 -ft deep. We will geologically log the borings in accordance with USCS standards and will collect samples for laboratory testing. The borings will be backfilled with bentonite upon completion. • Perform laboratory testing which is anticipated to include grain size analyses, maximum density /optimum moisture, in -situ moisture and density, direct shear, compaction, permeability, and soil salinity. The laboratory test program will be determined based on soil conditions encountered during our exploration. • Prepare a written report presenting our findings and conclusions and recommendations regarding the proposed crossings, retaining (wing) walls, and pavement sections. De9lverable: Soil sample analysis results, narrative interpretation of relevant soil characteristics Water Quality Analysis Dudek will obtain lake water samples and have them tested in a lab certified by the California Department of Public Health. The lab will run a standard lake water quality test including: • Surface Dissolved Oxygen reading • Nutrients • -Total Phosphorus • Water Clarity Turbidity, Color, Total Dissolved Solids • Salts — Chloride, Conductivity • Acid /Base Readings — pH, Total Alkalinity, Total Hardness The test results will be used to provide physical indicators of specific problems with the lake water quality and markers for measurement of improvement of the lake water quality after rehabilitation of the lake. The lake water quality system will be designed to address the undesirable biological and chemical components identified in the lake water. Deliverable Water quality sample analysis results, narrative interpretation of relevant water quality characteristics M.1 t.)E K Centennial Park Lake Circulation and Aeration Study 11 25B -13 )Nt CAL 010UK/vND S(1- 1ILDUL I- I Dudek will develop three (3) preliminary lake rehabilitation plan alternatives. Development of the alternatives will be based upon the findings of the lake research effort, soil analyses and testing, water quality testing, condition of existing pump equipment/facilities, and input on preferences from the City. The variation in the alternatives will reflect different approaches to meet the same identified project goals. Major physical, design, and permitting constraints will be identified for each alternative. A conceptual exhibit and narrative description will be prepared to present each alternative to the City for input from the City and guidance and selection of the preferred alternative. Deliverable: Three (3) alternative Lake Rehabilitation Plan Exhibits, narrative description of major plan elements, order of magnitude cost estimate for each plan r Dudek will preliminarily size, design, and layout an aeration system to obtain optimum oxygen saturation in the lake. An exhibit will be prepared showing the preliminary sizing of major equipment and location of the aeration pods /discs. The aeration system fluid dynamics /sizing calculations will be provided in the report appendices. Deliverable: Lake aeration sizing calculation results (included in study report) and exhibit showing recommended aeration system components and location, preliminary partial specifications for recommended components Preliminary Lake Circulation System Pump Station Design and Plumbing System Design Dudek will preliminarily size, design, and layout the lake circulation system including the pump vaults /stations and associated equipment. The goal of the system is to provide efficient and cost effective circulation and a sufficient lake turnover rate to maintain optimal water quality in the lake. An exhibit will be prepared showing the preliminary sizing of major equipment (pumps, motors, valves, piping, etc.) and location of the circulation system components. Dudek will also provide an analysis of the expected yearly energy consumption of the circulation pumps. The calculated cost will be provided in the report showing operational costs of the lake. The circulation system hydraulics /sizing calculations and preliminary pump sizing calculations will be provided in the report appendices. Deliverable: Lake circulation pump and pipe sizing calculation results (included in study report) and exhibit showing recommended circulation system components and location, partial preliminary specifications for recommended components Perform a water balance analysis for the lake system which includes the irrigation demands for the project to determine the total water requirements. Water demand analysis will evaluate water demands on a monthly basis for a total year period. A simplified water balance will be prepared that analyzes all the water inputs and withdrawals to determine the amount of "makeup water" required for the lake operation, as well as irrigation demands. The water entering from the project will include both nuisance and stormwater runoff. The analysis will evaluate both average year and dry year conditions. The soil analysis results will be used to develop design recommendations for rehabilitation of the lake liner as determined from the water balance /seepage loss calculations and the soil grain size and chemistry analyses. Lake liner options that will be considered will include but, is not limited to: DUDEK Centennial Park Lake Circulation and Aeration Study 12 25B -14 SCOPE OF WORK AND SCI IFUUI_E • Membrane liners (thermoplastic polyolefln -TPO, HDPE, LLDPE, RPE, CSPE, EPDM, PP, etc.), • Chemical enhancement of existing soil liners (ESS -13, soda ash, sodium tripolyphosphate -STPP, tetrasodium polyphosphate- TSPP), • Soil liners and Soil Enrichment - bentonite clay (sodium rich clay) Deliverable: Lake liner design recommendations (included in study report) and exhibit showing recommended liner improvements, partial preliminary specifications for recommended liner system Preliminary Design Water Quality Treatment Train System Dudek will preliminarily size, design, and layout the water quality system treatment train including up -flow media biological filters, wetland filters, vegetated wetlands, and skimmers. The goal of the water quality system is to provide efficient biological nutrient removal, chemical component removal, macro - pollutant removal (trash and debris). The water quality system components will be sized to provide sufficient treatment capacity to maintain the circulation system water exchange rate /lake turn -over rate. An exhibit will be prepared showing the preliminary sizing and location of major components of the water quality system (skimmers, vegetated wetlands, wetland filters, up -flow media biological filters, etc.) of the water quality treatment system components. The treatment system hydraulics /sizing calculations and preliminary sizing calculations will be provided in the report appendices. Deliverable: Water quality system sizing calculation results (included in study report) and exhibit showing recommended water quality system components and location, partial preliminary specifications for recommended components Dudek will preliminarily size /design a single jet fountain type water feature for Centennial Lake. The sizing of the jet fountain type water feature is dependent upon the desired aesthetics of the fountain including the spray height, pattern, and fullness of the jet. Dudek will preliminarily recommend a fountain head type based upon input from City staff regarding the desired appearance of the fountain. An exhibit will be prepared showing the preliminary spray pattern, typical spray height range, and relative scale of the jet height for the recommended spray jet. Deliverable: Lake water feature size recommendation (included in study report) and exhibit showing recommended water feature location, spray patter, and location, partial preliminary specifications for recommended components um Prepare a general Lake Management Plan that will outline the operations and maintenance requirements for a proposed lake system and suggested modifications in the design to improve the anticipated long -term operation. The elements of the pond that the management plan will address include the shoreline erosion, algae control, aquatic plant management, sediment accumulation, pond water quality feature maintenance, makeup water, vector control, debris and trash control /removal, circulation pumps, and water quality adjustments. A maintenance checklist will be developed and operation schedule for the various items necessary in the pond maintenance program including estimating the frequency of the maintenance requirements. Water quality testing and monitoring program will be developed as part of the pond management program which will identify the different characteristics to be measured in the field. The management plan will provide a narrative of the different maintenance and operation requirements. This general lake management Dt DEK Centennial Park Lake Circulation and Aeration Study 13 25B -15 `>COP ()1- VVCj4�h AfvID :JCI IF_DLiL plan is intended as a guideline to assist in the planning efforts for the lake design and the future environmental planning documents. Deliverable: Lake management plan (included in study report) and exhibits showing recommended tasks, procedures, frequency, equipment, and troubleshooting recommendations r Based upon input from the City, Dudek will select a recommended lake rehabilitation plan from the alternatives developed. The recommended lake rehabilitation plan will be detailed to the preliminary design level, It will provide sufficient information for detailed preliminary cost estimating. The recommended plan will show size, location, type, and dimensions for each propose lake system improvements. The lake system improvements will include but are not limited to lake liner improvements, aeration system improvements, circulation system improvements, water quality system improvements, water feature improvements, fishery/wildlife enhancements, and maintenance features. A preliminary design exhibit and detailed narrative description will be prepared to present each component of the rehabilitation plan. The Lake Rehabilitation Plan exhibit will be a compilation of the design of each of the lake component systems Deliverable: Preliminary Lake Rehabilitation Plan exhibit showing all recommended improvements, and rehabilitated lake system components w Dudek will prepare a preliminary cost estimate for implementation of recommended rehabilitation plan including preliminary construction quantities and unit costs. The quantities will be developed from the preliminary rehabilitation plan developed for Centennial Park Lake. Unit costs will be based upon previous project cost information for similar projects in the area compiled by Dudek and approved by the Client. Dudek will also prepare a lake operation cost estimate for the recommended lake plan and concept level cost estimates for the alternative plans. The estimates will be included in the project report. Deliverable: Engineer's estimate of probable construction cost (included in study report) f Dudek will develop a phased project implementation plan to give the City guidance on construction sequence of the lake rehabilitation plan. The lake is part of a high demand high usage park with mixed usage demands for soccer field space, trail system access, public access roads, a high school campus, and a satellite campus of Santa Ana College. This will require coordinated implementation of the proposed improvements in order to minimize disruption to the other park uses and allow for timely implementation of the proposed improvements. Dudek will develop a preliminary construction phasing exhibit to demonstrate how the project can be implemented to minimize park user disruption and allow for rapid construction of the proposed improvements. Deliverable: Preliminary Lake Rehabilitation Phasing Plan exhibit showing phased implementation of all recommended improvements and recommended staging of the project. It is anticipated that the project will be exempt from CEQA laws. Dudek will file a Notice of Exemption with the County of Orange on behalf of the City to exempt the project; if applicable. Dudek will also provide CEQA compliance recommendations for the project based upon the recommended rehabilitation plan. The recommendations will generally provide guidance to the City DUDEK Centennial Park Lake Circulation and Aeration Study 14 25B -16 SC( -)PE OF WORK AND SCHEDULE on measures that may be necessary or beneficial to the City such as pre- project air quality monitoring to overcome any project protests in order to comply with the applicable CEQA laws for rehabilitation of the Lake. Deliverable: CEQA notice of exemption filed with County of Orange, narrative guidelines and advice regarding CEQA compliance steps for the project (included in study report) Based upon our recent experience with permitting similar community lakes and our familiarity with the project area it is anticipated that the project will be exempt from regulatory permits (401, 404, 16000, etc.) and there are no protected species in the vicinity of the project. However, it may be necessary to notify the resource agencies (SWRCB, USACOE, CDFW) of the project. Dudek will provide official notification to the agencies on behalf of the City. Dudek will also provide recommendations for the course of action to be taken by the City in the event that the selected Lake Rehabilitation Plan does require a resource agency permit and /or if protected species are identified in the vicinity of the project. Deliverable: Narrative guidelines and advice regarding Resource Agency compliance steps for the project (included in study report) Lake Rehabilitation Study Report Dudek will prepare a compilation report which will serve as the Lake Rehabilitation Study Report for the proposed improvements to Centennial Park Lak. The report will include documentation of each element of the lake study including: project background, project goals, City staff input, existing facilities, identified constraints, alternative rehabilitation plans, the recommended rehabilitation plan, preliminary design of each lake system (water quality, lake liner, aeration, circulation, water features, fishery/wildlife enhancements, etc.), cost estimates, CEQA compliance and permitting, lake management guidelines, and technical appendices. This document will serve to reference all preliminary design assumptions, guidelines, and criteria developed during the preliminary design process. The anticipated Table of Contents of the report is provided below: • Executive Summary • Background • Project Goals and Objectives • Existing Condition of Centennial Park Lake • Identified Deficiencies • Alternative Rehabilitation Plans • Order of Magnitude Costs • Rehabilitation Plan Selection • Recommended Rehabilitation Plan • Preliminary Design of Lake Systems • CEQA Compliance • Resource Agency Permitting • Engineer's Opinion of Probable Construction Costs • Phased Implementation Plan • Lake Management ,. _ .. DUDEK Centennial Park Lake Circulation and Aeration Study 15 25B -17 S(.'OIY ()F Vvup;� ANN 5t�111-C�1i4_.E. Deliverable: Report and Exhibits documenting study findings, data, figures, references and exhibits Dudek will provide coordination, communication, and technical consultation with City staff and other project team consultants throughout the duration of the project. This includes meetings /phone discussion /online conferences at regular intervals to discuss the progress of the study and consultation to assist the project planning. Deliverable: Meeting minutes (included in study report) Schedule Figure 2 on the following page, illustrates our timeline of deliverables associated with each task as it relates to the scope of work. Based on our proposed schedule, we anticipate completion of final lake report by April 21, 2016. Dk DEK Centennial Park Lake Circulation and Aeration Study 16 25B -18 Ll.,' LAi L U Ul Y_ 0 tL 0 W Cl. Cl C? N 25B -19 IN IN 3? Y i f is t s J i.. 1 Lu F U W (L S LU 5 W _ tL @ L Q C ca m �' C r _ v ° a C O t r ... �� a m � v a ° ry w o :p ttl 4 a roa tl y ti a, 'm N o 2 E'ly I� gq cl 25B -19 EXHIBIT B .,I n � i � � n i V �rvry ro c Po n b a i I 3 z i a4S 5r3 � �iS �3 �i �lnla`g;�ci a� 3�a ,non i 25B -20 DUDEK 2016 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES $235.00 /hr Project Director...................... ....__............... 11 ...... 1...... 1....... $265.00 /hr Principal Engineer III ................... ....... ........ 11 .... 1... .... 1........... $235.00/hr Principal Engineer II ........ _._ .................... _.. ..... ,... .............. $226.00/hr Principal Engineer I ........ ............................... ........._....._.....$215.00 /hr Program Manager .................................. ,......... .... .... ........... $205.00/hr Senior Project Manager.... ... ............. ........ ............ $205.00/hr Project Manager ..... ............................... .................1111.......... $196.0 Olhr Senior Engineer Ill. ........ ..................... ............ ............ ..... . $195.00 /hr Senior Engineer II ..... ....................... _...........,._........ _........ S185.00/hr Senior Engineer I . ............... .............................................. ..$175.00Ihr Project Engineer IV/Technician IV ...... .._ ...... ............. .......... $165.00 /hr Project Engineer III/Technician III ..... ........ .... . ............ .... ....... $15000mr Project Engineer II/Technician It ............ ............................... $135.001hr Project Engineer [/Technician I ........................ .....................$120,00 /hr Project Coordinator. .._ ............................ 111..............1._........... $95.00/hr Engineering Assistant .... ......... ..... .. ... ........ .. ...... .... __ ... $85.00/hr ENVIRONMENTAL SERVICES Principal ... ......... -- ............................... .......1.1..........1....1..... $235.00 /hr Senior Project Manager /Specialist I._ .................................. $220,00 /hr Senior Project Manager /Specialist I ....... ............................... S210.00 1hr Environmental Specialist /Planner VI..- . ............................... $190.00 /hr Environmental SpecialisUPlanner V ........................ .............. $170.00 /hr Environmental SpeclaliatlPlanner IV........ _.._ . .......... .._. ....... $160.00 /hr Environmental SpeCialisUPlanner Ill . ... 1.1_1.__ ... 1_ ................ S150.00/hr Environmental SpecialisUPlanner 11 .-..,......,. ....... ...._. ........ .$130.001hr Environmental SpeciallsUPlannar I ................... ---- ........ .$120.00/hr Analyst III ...... ........ -- ........ ........... .. ....... .... . - ..................... .$110.00 /hr Analyst II ............ . S'I00A01hr Analyst I --- ........................... .................. ............................... $90.00 /hr Planning Assistant 0 ................................ ............... I ...... I........ $80.00/hr Planning Assistant I..-- .......................... ............................... $70.00/hr COASTAL PLANNING /POLICY SERVICES /hr Senior Project Manager /Coastal Planner 11 ........................... $215.001hr Senior Project Manager /Coastal Planner I.. . ......................... $205.001hr Environmental Specialist /Coastal Planner VI ...................... ..$195.001hr Environmental SpecialisUCoaslal Planner V.. .......... 1111........ 8175,00 11ir Environmental Specialist/Coastal Planner IV ... .....................$165.00 /hr Environmental SpecialisUCoastal Planner III ....,- ... -- ......... $165.00 /hr Environmental SpecialisUCoaslal Planner It ......................... S145.0011hr Environmental SpecialisUCoastal Planner I ..........1...1....1...1.. $135.00 /hr ARCHAEOLOGICAL SERVICES Senior Project Manager /Archaeologist II ............ ..........._...... S210.00ft Senior Project Manager / Archaeologiat I ..... ...................... $200.001hr Environmental Specialist /Archaeologist A- .......................... $180.00 1hr Environmental Speclallst/Archaeologist V- . ...... - ........ ........ $160.00 /hr Environmental Specialist /Archaeologist IV...._ ............ ... ...... $150.00/hr Environmental SpecialtsUArchaeologist III ._......... ...............5140.00 /hr Environmental Specialist /Archaeologist If ............................. $130100 1hr Environmental Specialist/Archaeoingist I ..... ._ .....................5120.00 /hr Environmental Speclalist/Paleontologist III ...... .....................$160.00 /hr Environmental Specialist /Paleontologist 11 ... ....... ................. S140.00 1hr Environmental Specialist/Paleontologist I ...._ .. .....................$120.00 /hr Paleontological Technician Ili ........................... ......................$80.00 /hr Paleontological Technician II ... ..... ....._........ ..__._...._._......... $70.00 /hr Paleontological Technician I ....... ..__....... ......... ........_.............$50.00 /hr Archaeologist Technician II ... ..-- ... ........... ........ ............ - ....... .$70.001hr Archaeologist Technician I ....... ..._...... _ ............ ......................$50.00 /hr CONSTRUCTION MANAGEMENT SERVICES Principaida anager ........ - -.. _ ............. _. _........_._.... .__ ... ._ 5195.00 /hr Senior Construction Manager _. ..._ ........................... I ....... _. 5180.001hr Senior Project Managar. .......__._ .................... .....................$180.00 /hr Construction Manager........ _._. _.........._ ......... .....................$150.00 /hr Project Manager .... .... - .... _. ... ...... .. _ ... .......... .- ..... .__, ... _...... $1400011hr Resident Engineer ... ........ .. ---- ...... ........... ..... .... _- ......... $140.0011rr Construction Engineer-., ......... .............. ....... .... S135.00 1hr On -site Owner's Representative _. _ . ...... _._..,.. S130.00 1hr Construction Inspector III ....................... S125.00 /hr Construction Inspector II_..._._.... .... ,. 1..1.1.1 ....................... 5115.001hr Construction Inspector I ... ........... ..... .._ ....... ____....... ... ........ $105.00 /hr Prevailing Wage Inspector _... ._.. _...... .... ..1 ..1._111. _........._.. S135.001hr COMPLIANCE SERVICES 1..... _._ ....... $235.00/hr Compliance Director ........ ............. ........... ...... ................ $200.001hr Compliance Manager ............................ ............................... $140.00/hr Compliance Project Coordinator...... ..... ............. ...... ...... ._.... $100.00 /hr Compliance Monitor ........................... ..._ 11 ... 11........................ $00.00/hr HYDROGEOLOGICAL SERVICES Principal .......... .............. ......... ............. _111_ ...... 1..... _._ ....... $235.00/hr Sr. Hydrogeologist IV /Engineer IV.._ ..................... 1.1., ...... 11. $215.001hr Sr. Hydrogeologist IlliEngine it Ill.- ....... .......................... 5200.00 /hr Sr. Hydrogeologist II /Engineer II ............ ............................... $100.00 /hr Sr, Hydrogeologist UEnglneer I., ........... ............... ........ ...... $165.00/hr hlydrogeologist VI /Engineer VI ............ .......... ..................... S150.00/hr Hydragoologlsl V /Engineer V._ .. ............................... - ....... S140.001hr Hydrogeologist IV /Engineer IV .............. _...... ...................... $130.00/hr Hydrogeologist III /Engineer III ........ ............... .............. ,...... . S120.00 /hr Hydrogeologist II /Engtnaor 11 ...... .... ............................... S110.001hr Hydrogeologist I /Engineer L ................. ............................... $100.00/hr Technician ....... -- ..... -- ......... ........ ...... ...... ....................... -- $95.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager .... .. ..... ..... ... - ... I ....... .........- ....- . S175.001hr District Engineer .... ......... ........ ........ ... _.. 1................. 11,.,1....... $160.00 /hr Operations Manager ................... ....... .... ....................... ..... $150.00/hr District Secretary/Accountant ................. ............................... $85.00 /hr Collections System Manager..... .... ....... .................................. $95.00 /hr Grade V Operator.. .............. ................. ............................... Si00.00 11hr Grade IV Operator ...... -- ...... .._ ............... ..1............1......11....... $85.00 /hr Grade If Operator... ........... ....... -- ..................... .... ..... ...... $80.00/hr Grade 11 Operator.. .................. ...... ....... - ........ .. ... ...... $83.00 /hr Grade I Operator ... ............. .................. .. ........................_1111.. $55.00thr Operator In Training..._ ... S40.00 1hr Collection Maintenance Worker 11 ... ,.... ... 1111.... ... .................... $55.00 /hr Collection Maintenance Worker L ... ...... ... 1 ........... 1..... ,..1..1...... $40.00 /hr OFFICE SERVICES TschnicallDra(UngICADD Services 3D Graphic Artisl ..... ................ ......... .... ..,.......,.........,.......... S155.00 1hr Senior Designer ..... ............... ...... ..... ....... .................... ......... $145.00 /hr Designer ...... ........ . .... ._......... ,.............. ................... ........ ..... $135.00 /hr Assistant Designer .......... .... $130.00 /hr GIS Specialist IV ........ .... ..... ................... ........._................... $150.00 /hr GIS Specialist g1 ......... ................ ........ . ................ 111....... 1..... 5140.00 /hr GIS Specialist 11 ...... .. ....... ............ .. ... . .......... ,........... .......... $130.00/hr GIS Specialist I ..................................... ............................... S120.00 /hr CADD Operator Ill .......... ....................... ..1...111...................... S126.00/hr CADD Operator If.... ... ... - -- ........ $120.001hr CADD Operator L._.... ......... ....... ....... _- .............................. S 105.00 /hr CADDDrafter ..... ....... ..... -.._....__.._ ... ............_........,......... S95.00 /hr CADD Technician - ................ ---..._..... ............................... S85.00 /hr SUPPORT SERVICES Technical Editor Ill ... . .... . ... ......... ....... $140,001hr Technical Editor II ... ...... ...- _ ................. 111..........1................. $125.00/hr Technical Editor I ............... ............ .. ._........ ...... ---- .... ..... $110.001hr Publications Specialist Ill ......... ............. .............._................ S100A0 11-ir Publications Specialist 11 ............... ...................... ............. ....... $90.00/hr Publications Specialist I.. ........ ....... ............ _ ....... .... _... .... ,.... .. $80.00/hr Clerical Administration II ................ _................... 1...... 1.1..1....... $85.0011ir Clerical Administration I.... ..... .._ .... _........ 1111 ........................... $75.001hr Forensic Engineering - Court appearances, daposticed. and interrogatories as oxperl+vilneas will be billed at 2.00 times normal rates. Emergency and Holiday. - Minimum charge of Iwo hours veils be bill" at 1.75 limos the normal rate. Material and Outside aervicas - Sebmnheclors, houre of special equipmentr special roproduclions and blueprinting, outside data processglg and conip.ler SeNa(Ro, fau. are Charged e1. 1.75 times the direct coal, Travel Expenses - Mireage at current IRS allowable rates. Per clear nateas overnight stay is involved is charged al cost involoos,lara Chortled. -All fees will be billed to Client mon fiery and shall be this and payable .pan receipt. invoices are delinquent if not paid vJthin thirty (301 days frmn are date of the invoice. Chant agrees to pay a monthly late charge equal to ace teacher (1 °6) per month of the outstanding balance unlit paid in full. Annual earaches _ Unless idenGfed otre Aag these standard rates as increase S : annually. 25B -21 Effective January 1, 2016 EXHIBIT C Certifications APPENDIX ATTACI MENTM: NON- COLLUSION AFFIDAVIT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CE.CNTENNIAi., PARK LAKE CIRCULATION STUDY REP NO.: 15.127 &QN-DQI.LU90,N AMDAVIT . (fide 23 United States Code Section 112 aid Public Contmed Code Suction 7106) TO the CCCY OF SANTA ANA DRPARTNIPNT OF PUBLIC WORKS fit accenlance with "lido 23 United States Code Section 112 anet Paldfo Contract Code, 7166 the BIDDER declares Burt the bid is not made in the interest of, or on behalf or,, any undisctosed Person, partners lops company, association, orgcdzahon, or corporation; drat the bid is genuine and not collusive or shorn; that the BIDDER has not directly or butterfly hufiued or solicited any other BIDDER to put in it India or shams bid, mid has not directly or indirectly colluded, conspirad, connived or agreed with any BIDDER or anyone else to put In a strain bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agccxman; communication, or conference with anyone to flx the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost clalwat of the bid price, or of that of cry other BIDDER, or to socure any advantage against the public body awarding the contract of anyone interested in the proposed contract; first all statements contained or the bid are ltare; and, further, tfwt the BIDDER has• trot, directly or indirectly, submitted firs or her bid prico or any brenkdnent ffiwas f, or the contrans dremof, or divulgod bdomution or data relative thereto, or paid, and will not pay, rely fee to any Wrporntion, parnorsldp, company association, mgrn imbon, bid deposftmy, or to ally member or agent thereof to rurbeluce a calhulvo or sham bid. Note The above Non-collusion Affidavit is and of the Proturad. Signing ibis Proposal on the sigunhue portion dteru$ shall noun \containee aiymaturo of this Non collusion Affidavit. BIDDERS are c udionud that making a false cradficatimu�y% fact die cerldneto I1"mal' eCl tior4 State of Call parnin Conroy ct'_�N 7:r Eno Subselibed and sworn to (or offirmd) before me on for aP'a day 20f6, by _�G-- NH_r„ltl, ufr+E4 /7,e,7yl Proved tome on the basis of satinfarnry evidence to bo dtc pergon(s) who appeared before ate. __..,..._.. _.._ bAN16L K�IL .. [ COMM42416306 ' ttOYrypWE IbrNe BVYOIEOCSCCVmY Nntnry Public Signatwz Notary Public 3cal Dry of Santa Ana RrP 15 127 Pago 21 DG. DEK Centennial Park Lake Circulation and Aeration Study 19 25B -22 CA-R [IF ICAI IONS irlificate verifies only the identify of the Individua io signed the document to which this certificate attached, and not the truthfulness, accuracy, or State of California County of Subscribed and sworn to (or affirmed) before me on this o2of` 7" day of 20 14 , by proved to mean the basis of satisfactory evidence to be the personjsj who appeared before me. 19 DAN19LKIL t COW,#2016308 (Seat) Signature DUDEK centennial Park Lake Circulation and Aeration Study 20 25B-23 APPENDIX �--- ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CrWIA rTCATION3 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CENTENNIAL PARK LAID. CIRCULATION STUDY RIrP NO.: 15.127 "Fheprospectivepanicipam certifies, by signing and submitting this hid orproposal, to the best of his or liar knowledge and belief, that: I . No federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an otiicor or employee of any federal agency, it Member of Congress, an officer or employee of Cangress, or an employee of a Member of Congtuss in connection with the awtnding of any federal contract, tlnc making of any federal gram, the making of any Federal loam, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, of modification of any federal contract, grant, loan, or cooperative agreement. 2. !f'any rinds other than fcdcntl appropriated hRads have been paid or will be paid to any person far influencing or atlempti ng to influence any officer or employee of any federal agency, a Member of CoiWess, an ofiiecr or employee of Congress, or an employee of a MamberofCongress in connection wit t this federal conmwi, grant loan, loam or coopeelliva agreement, the undersigned shall complcteand submit a `Dketosure of Lobbying Activities". Mrs eertiEication is a umrerial repr scntxtion offset upon which reliance was placed when thou transaction was made or enter rd into. Submission of this cetificahou is a prerequisite for making or entering into this transaction Imposed by Section 1352, itic 31, U. S. Code. Any person who fails to f is the required eeniftcadon shall be subject to a civil penalty ornot less than $10,000 and not owe tiunn $100,000 for cacti such failure. The prospective participant also agrees by submitting his or her bid or la otxrsal that he or she shall regwre that the language or this cenifeation be iuckided in all lower tier subcontracts, which exceed $100,000 and Char all such sub recipients shall certify and disclose ncaaxiitngly. firm Dridek Signed and printed Name: - Bob Uhlund 'fine Vice Preskleni. fl:uc 1.2ft.16 CfEy of >ania Ana RFP 15 -127 - --- Page. 22 DUDEK Centennial Park Lake Circulation and Aeration Study 21 25B -24 CFR I I I IC VIONS ATTACHMENT 3 -3; NON- DISCRIMINTATION CEII 11 ICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CENTENNIAL PART{ LAIM, CIRCULATION STUDY RFP NO.: 15 -127 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriarinate 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, sox, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or rcctmitnront 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 (justified applicants will receive consideration for employment without regard to race, color, religion, sox, or national origin. 3. Tire Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agrooment or other contract or understanding, a notice to be provided advising the said labor union or workers' roprosontativos of the Consultant's commitments under this section, anti 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 Other 11.246 of September 24, 1965, and of the rules, regulations, and relevant orders of [Ile 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 try the adnindstering agency and ttre Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, in the event of the C 01MI ant'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 declare([ 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 romodics invoked as provided in Executive Order 11246 of September 24, 1965, or by ode, regulations, or order of the Secretary of Labor, cr as otherwise provided by taw. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sabcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order '11246 of City of Santa Aria RFP 1515 -127 Page 23 DUDE& Centennial Park Lake Circulation and Aeration Study 22 25B -25 <il. H I IFl(;A I k,)N> 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 iii the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United Stites. 8. Pursuant to California Labor Code Soction 1935, as added by Chapter 643 Slats. 1939, and as anaendod, 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, marlud status, or sex of such persons, except its provided in Section 1420, and any consultant of public works violating (his Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Vice president Finn: Dudek Date: 1/28(16 _� — -- City of Santa Ana RFP 15 -127 Page 24 24 D19DEK Centennial Park Lake Circulation and Aeration Study 23 25B -26