HomeMy WebLinkAboutItem 17 - Agreement for Design Services for New Outdoor Library at Jerome Park Public Works Agency and Library Services Agency
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Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Agreement for Design Services for New Outdoor Library at Jerome Park
AGENDA TITLE
Approve an Agreement with PlaceWorks, Inc. for Design Services for a New Outdoor
Library at Jerome Park in an Amount Not to Exceed $309,150 for a Three-Year Term
(Project No. 22-1381) (Non-General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with PlaceWorks, Inc. for full design
services for Santa Ana’s new outdoor library at Jerome Park in the amount of $281,046,
with a contingency of $28,104, for a total amount not to exceed $309,150. The agreement
is for a three-year term beginning September 20, 2022 and expiring September 19, 2025,
with an option for two, one-year extensions, subject to non-substantive changes approved
by the City Manager and the City Attorney.
DISCUSSION
The City of Santa Ana’s Public Works Agency and Library Services desire to enter into
an agreement with a qualified consulting firm to lead efforts to provide design services
and prepare construction contract documents for the new outdoor library at Jerome Park
(Project). The Project intends to build an outdoor “satellite library” at the southwest end
of Jerome Park and incorporate outdoor educational activities for children of all ages
(Exhibit 1).
This innovative public library space will feature an educational, technological, and play-
focused library kiosk with surrounding outdoor learning areas. These learning areas will
emphasize music and movement, recycling, bicycle and street safety, fine and gross
motor skill development, and language and literacy. The Project also includes the
installation of lighting, canopies, and site furnishings. Furthermore, in partnership with
the Public Works Agency’s Water Resources Division, the project will include water-wise
landscaping and conservation-themed learning experiences.
On April 20, 2022, the Public Works Agency released Request for Proposals (RFP) No.
22-040, by which it sought the design services of a qualified firm for the Project. The RFP
was advertised on the City’s online procurement management and publication system,
with proposals due on May 11, 2022. Three proposals were received and evaluated by a
Agreement with PlaceWorks, Inc.
September 20, 2022
Page 2
2
9
5
8
selection committee. Based on criteria outlined in the RFP, the following summarizes the
responding firms and their ranking:
Firm City Rank
PlaceWorks Santa Ana 1
Kimley-Horn and Associates, Inc Orange 2
IDS Group Irvine 3
Staff recommends awarding to the top scoring firm to provide design services for the
Project (Exhibit 2). Their proposal demonstrated that they have the necessary capacity
and expertise to complete the required services. The firm rates are reasonable and within
industry standards. The team qualifications are appropriate, and the proposal was
determined to provide the best value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
The following table summarizes the funds budgeted and available in the amount of
$309,150 for expenditure on the design services to be provided per the agreement for the
three year term.
Fiscal Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account
No. Description
Amount
2022-23
(Sept-June)
18111013-66220
(22-1381)
American
Rescue Plan
Act
ARPA-Library,
Improvements Other
Than Building
$200,000
2023-24
(July-June)06017644-62300 Water
Water Quality,
Contract Services -
Professional
$75,000
2024-25
(July-June)
18111013-66220
(22-1381)
American
Rescue Plan
Act
ARPA-Library,
Improvements Other
Than Building
$20,046
2025-26
(July-Sept)
18111013-66220
(22-1381)
American
Rescue Plan
Act
ARPA-Library,
Improvements Other
Than Building
$14,104
Total $309,150
Agreement with PlaceWorks, Inc.
September 20, 2022
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2
9
5
8
EXHIBIT(S)
1. Location Map
2. Agreement with PlaceWorks for New Outdoor Library at Jerome Park
Submitted By:
Nabil Saba, P.E., Executive Director – Public Works Agency
Brian Sternberg, Executive Director – Library Services Agency
Approved By: Kristine Ridge, City Manager
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 22-1381:
New Outdoor Library at Jerome Park
Design Services
EXHIBIT 1
EXHIBIT 2
AGREEMENT FOR DESIGN SERVICES FOR
OUTDOOR LIBRARY AT JEROME PARK
THIS AGREEMENT is made and entered into this 20th day of September, 2022 by and between
PlaceWorks (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A.
B.
C.
On April 20, 2022, the City issued Request for Proposal No. 22-040, by which it
sought a qualified consultant to perform design and related services for the City’s
new outdoor library planned at Jerome Park.
Consultant submitted a responsive proposal that was selected by the City.
Consultant represents that it is able and willing to provide the services described
in the scope of work that was included in RFP No. 22-040.
In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
Consultant shall perform the services that were described in the scope of work that was
included in RFP No. 22-040 and further described in Exhibit A. Consultant’s proposal is
incorporated in full by reference as though fully set forth herein.
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 B. The
total sum to be expended under the term of this Agreement, including any
extension periods, shall not exceed $309,150. The sum is comprised of (1) the
base amount of $281,046 and (2) a contingency in the amount of $28,104 for
additional services at the City’s sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals and Scope of Work, which may
reasonably be expected by City.
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3.TERM
This Agreement shall commence on the date first written above and terminate on
September 19, 2025, unless terminated earlier in accordance with Section 17, below. The term
of this Agreement may be extended for two 1-year periods upon a writing executed by the City
Manager and City Attorney.
4.PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. If the
services being performed are part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant
agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
5.INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6.OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & Data the subconsultant prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
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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.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
•Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
•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 limit
no less than $1,000,000 per accident for bodily injury and property damage.
•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.
If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the higher
limits maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Consultant including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be provided in the form
of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85
or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;
and CG 20 37 if a later edition is used).
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Primary Coverage
For any claims related to this Agreement, the Consultant’s insurance coverage shall be
primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may
require the Consultant to purchase coverage with a lower retention or provide proof of ability to
pay losses and related investigations, claim administration, and defense expenses within the
retention. The policy language shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a
current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide claims-made coverage:
A.The Retroactive Date must be shown, and must be before the date of the contract
or the beginning of contract work.
B.Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
C.If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the Contractor
must purchase “extended reporting” coverage for a minimum of five (5) years after completion
of work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the Consultant’s
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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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature
of the risk, prior experience, insurer, coverage, or other special circumstances.
8.INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Consultant or its subconsultants, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
9.INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney’s fees,
for infringement of any United States’ letters patent, trademark, or copyright contained in the
work product or documents provided by Consultant to the City pursuant to this Agreement.
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
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law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Consultant under this Agreement.
11.CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. “Confidential Information” shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
12.CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
13.NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Public Works Agency
City of Santa Ana
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20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn: Alan Loomis, AICP, Principal
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
14.EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized representative
of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein.
15.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City’s prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City’s ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
16.WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
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or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17.TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a.As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b.Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18.NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19.JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that 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.
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21.FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local
Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery
Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As
applicable, Consultant shall comply with all federal requirements including, but not limited to,
the following, all of which are expressly incorporated herein by reference:
a.Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the “Act”);
b.
c.
d.
U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
Treasury Compliance and Reporting Guidance for the Act;
2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of
the Treasury may determine are inapplicable to the CSLFRF program and subject to such
exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e.Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
f.Federal contract provisions attached hereto as Exhibit C and incorporated
herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such federal
requirements and the terms of this Agreement and/or the provisions of state law and except as
otherwise required under federal law or regulation, the more stringent requirement shall control.
22.MISCELLANEOUS PROVISIONS
a.Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b.All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
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ATTEST:CITY OF SANTA ANA
________________________
Clerk of the Council
_________________________
KRISTINE RIDGE
City Manager
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
CONSULTANT
By: ___
John M. Funk
_______________________________
Name: Keith McCann
Title: CEOChief Assistant City Attorney
RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.
Executive Director
Public Works Agency
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EXHIBIT A
2. SCOPE OF SERVICES
AND SCHEDULE
Work Scope
This section describes the scope of services to be completed by the PlaceWorks team for the New
Outdoor Library at Jerome Park project. To facilitate your review of this proposal, we have prepared a
concise scope that emphasizes key components of our approach to this project
We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed
scope when we enter into a contract We also recognize that it may be necessary to alter the scope as
the project progresses and would be happy to work with you to ensure the successful completion of the
project
TASK 1. PROJECT INITIATION AND COORDINATION
1.1 CITY STAFF MEETING 1: KICKOFF MEETING AND SITE VISIT
The PlaceWorks team will attend a kick-off meeting with City staff to discuss expectations and concerns,
and to review key issues, information needs, work products, and delivery schedule. Overall project
schedule and meeting dates will be reviewed. After the kick-off meeting, the PlaceWorks team will visit
and photograph the project area within Jerome Park, paying particular attention to features and issues
identified at the kick-off meeting and opportunities to integrate the proposed concepts from the City’s
design.
1.2 ONGOING PROJECT MANAGEMENT
PlaceWorks will coordinate with City staff throughout the project and will manage the scope, cost, and
schedule to ensure that the project is completed efficiently. PlaceWorks will conduct weekly calls with the
City project manager to coordinate. Additional meetings with the City Staff related to project review are
called out in the tasks below.
TASK 2. DATA GATHERING AND SITE ANALYSIS
2.1 RECORDS RESEARCH
BKF Engineers (BKF) will conduct a comprehensive review of existing records to determine existing
conditions. This information will be integrated into the survey described in Task 2.2.
2.2 SURVEY
BKF will provide boundary and topographic surveying of the project site. The topographic survey will
cover the project area and will extend to include the full width of adjacent rights-of-way. Spot elevations
will be sufficient to generate 0.5-foot contours, and existing utilities on or adjacent to the proposed project
area will be shown. Potholing will be conducted to confirm existing utilities.
2.3 ARBORIST REPORT
Bartlett will complete an evaluation of the existing trees within the project area and will complete an
arborist’s report, documenting the tree evaluation and pruning recommendations. The arborist's report
will include recommendations for avoiding damages to existing trees during construction.
PROPOSAL FOR SERVICES | PLACEWORKS 2-1
2. Scope of Services and Schedule
2.4 SITE ANALYSIS
Based on site visits, review of background information, and the hydrological assessment, PlaceWorks
will develop a comprehensive Site Analysis, including descriptive maps, diagrams, and graphics to clarify
and illustrate existing conditions and identify key opportunities and constraints to be considered. The
PlaceWorks team will additionally analyze the City’s Concept Plan to determine feasibility and consistency
with site opportunities and constraints.
TASK 3. PUBLIC OUTREACH
3.1 PUBLIC ENGAGEMENT PLAN
PlaceWorks will conduct a series of community outreach and engagement activities to gather community
input about the design and site features. Our approach is focused on two rounds of engagement where
the community can provide valuable input and contribute to decision making: Round 1, Schematic Design
Alternatives; and Round 2, Preferred Concept. These rounds are described in greater detail in the tasks
below
At the onset of the project, PlaceWorks will work with the City to develop a public engagement plan
that outlines the details of the engagement work, including strategic partnerships that could be made to
increase community participation, potentially including cohosting an event with KidWorks or presenting at
the Bella Vista, Casa Bonita, Central City, and New Horizons Joint Neighborhood Association Meetings.
PlaceWorks will additionally develop preliminary branding materials for the project for use during
engagement events and for promotional materials.
It is anticipated that all outreach materials will be printed in both Spanish and English and that the
PlaceWorks team facilitating community events will communicate in both Spanish and English.
3.2 CITY STAFF MEETING #2: PUBLIC ENGAGEMENT PLAN
PlaceWorks will facilitate a meeting with the City to review the engagement plan and promotional materials.
At this meeting, the project team will confirm the approach for the project and schedule outreach events
to allow for adequate time to promote and organize events.
TASK 4. PRELIMINARY DESIGN
4.1 SCHEMATIC DESIGN ALTERNATIVES
The PlaceWorks team will develop up to two alternative conceptual site designs for the project area
within Jerome Park. The alternatives will include graphic plans, images of play equipment, street level
renderings, and other graphics to help convey design intent.
Conceptual site designs will include, but not be limited to:
Integrated 24-hour Library Kiosk and play area with dynamic and engaging play features.
Circuit pathway for learning bicycle, tricycle, and scooter skills.
Tactile experiences with a variety of materials and play features, including but not limited to sand and
water
Schematic approach to planting, prioritizing drought-tolerant native plants with educational value.
Shade opportunities through structures and additional trees.
Schematic concept for the Envisionware kiosk wrap consistent with the alternative theme
Site furnishings including benches, chairs, tables, trash receptacles, and water stations.
2-2 CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES
2. Scope of Services and Schedule
Both alternatives will be accompanied by a high-level cost estimate and both will target the same budget.
4.2 CITY STAFF MEETING #3: SCHEMATIC DESIGN ALTERNATIVES
Following a two-week review period, PlaceWorks will facilitate a meeting with City staff to review the
Schematic DesignAlternatives and potential changes to the options before presenting them to the public.
The project team will also review the materials for the first community event.
4.3 PUBLIC OUTREACH ROUND 1: SCHEMATIC DESIGN ALTERNATIVES
PlaceWorks will develop and host and online survey to gather feedback on the Schematic Design
Alternatives. The survey will target getting feedback about site features rather than directly voting for one
alternative, allowing the final design to be a combination of preferred elements. Following the completion
of the survey, PlaceWorks will provide a concise summary of responses and recommendations for
moving forward.
4.4 DRAFT DESIGN DEVELOPMENT
Based on discussions with City staff and community feedback, the PlaceWorks team will develop a
single preferred design option, including a rendered site plan graphic with callouts identifying the project
components with a written description, sections showing relationship between park elements, and street
level renderings of site features. The package will include graphic design illustrations for the Envisionware
kiosk and design plans for the interactive exhibit educating the public on water conservation.
The draft plan will be accompanied by a lighting analysis showing the proposed lighting strategy, including
preliminary photometrics. The draft plan will also include a preliminary planting plan with hydrozones
identified and preliminary water use calculations determined. The design will be accompanied by a draft
cost estimate
4.5 STORMWATER ANALYSIS
Using the Draft Design Development Plan, BKF will conduct preliminary stormwater calculations and
work with the design team to select the appropriate low-impact design (LID) strategies to utilize in the
project to effectively manage all stormwater from the project area on-site. If possible, the design will
incorporate LID strategies to capture rainwater from the existing parking lot and treat it on-site. BKF will
prepare a Preliminary Water Quality Management Plan (PWQMP). In addition to the required treatment
of stormwater, the City/County has enacted a policy that any new project must have a zero net affect
on the public storm drain system. BKF will perform preliminary water quality calculations (impervious
areas, tributary drainage areas, storm outfall flows, BMP sizing, etc.) that are necessary to confirm the
preliminary planning design proposed for Design Review.
4.6 CITY STAFF MEETING #4: DRAFT DESIGN DEVELOPMENT
Following a two-week review period, PlaceWorks will facilitate a meeting with City staff to review the Draft
Design Development package and potential changes to the options before presenting them to the public.
The project team will also review the materials for the second community event.
4.7 PUBLIC OUTREACH ROUND 2: PREFERRED CONCEPT
PlaceWorks will facilitate a public meeting to present the Preferred Concept illustrated in the Design
Development package. At this meeting, the PlaceWorks team will highlight community input received
during the first round of engagement and how it influenced the Preferred Concept.
PROPOSAL FOR SERVICES | PLACEWORKS 2-3
2. Scope of Services and Schedule
It is anticipated that this meeting will be held at a planned City meeting or planned event from a local group.
PlaceWorks will present the Schematic Design Alternatives and gather input on community preference.
While the structure of the meeting may be adjusted based on the anticipated venue and audience,
we anticipate that this meeting could begin “open house” style with informational boards illustrating the
design, followed by a short presentation by PlaceWorks, and an opportunity for public comment.
Depending on the venue, PlaceWorks can develop materials for youth to participate in decision making.
All input will be collected and synthesized into a concise, easy-to-understand summary of input received
and will be used in the next design phase.
4.8 REVISED DESIGN DEVELOPMENT (30% DRAWINGS AND COST ESTIMATE)
Based on City review comments and public input, the PlaceWorks team will revise the Draft Design
Development Plan. This draft will be used in discussions and for preliminary letters of intent with Southern
California Edison (SCE) and City of Santa Ana Water Resources Division.
The revised Design Development package will include preliminary working drawings to 30% and will be
accompanied by a cost estimate. The package will include the following preliminary plan sheets:
Title Sheet and Location Map
Demolition Plan
Water Quality Management Plan (tentative)
Grading, Drainage, and Utility Plan
Layout Plan
Materials Plan
Electrical Plan
Planting Plan and Hydrozone Irrigation Calculations
4.9 CITY STAFF MEETING #5: PREPARING FOR FINAL DESIGN
Following a four-week review period, PlaceWorks will facilitate a City staff meeting to review the 30%
drawings and conduct a site walk with to review the drawings in the field and deliberate on areas where
there are questions or potential impacts
TASK 5. UTILITY COORDINATION
5.1 SOUTHERN CALIFORNIA EDISON (SCE)
PBS Engineers will coordinate with SCE early in the design process to determine electrical capacity
requirements and service needs. In tandem with the 30% submittal, PBS Engineers will submit a Letter of
Intent to begin the process for SCE electrical plan of service and all permits. PBS Engineers will update
plans as needed to respond to SCE’s request and will finalize the plan of service and all associated
permits as part of this project. It is assumed that the City will pay associated permitting fees.
5.2 CITY OF SANTA ANA WATER RESOURCES
BKF will coordinate early in the design process with Water Resources to verify available water pressures
and volumes and to determine water service needs and capacity requirements. In tandem with the 30%
submittal, BKF will provide additional detail about the project including water needs for the irrigation and
potable water features and initiate the Water Resources service plan process. BKF will finalize the plan
of service and include it as part of the final construction documents.
2-4 CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES
2. Scope of Services and Schedule
TASK 6. CONSTRUCTION DOCUMENTS
6.1 90% PS+E SUBMITTAL
Based on the City’s Comments and the Field Walk to review the Revised Design Development plan (30%
Drawings), the PlaceWorks team will develop the 90% PS+E submittal for the project. The preliminary
list and count of the construction document sheet set is anticipated to include approximately 30 to 35
sheets listed in Table 1. We believe that, for the purpose of clarity, construction document plans are best
prepared at 1:20 scale.
Table 1 Preliminary Construction Document Sheets (90%, 100%, Final Set)
Sheet Title Responsibility
PlaceWorks
PlaceWorks
BKF
Sheets
Title Sheet and Location Map
Notes, Legend and Abbreviations
Existing Conditions /BASE @ 1:20
Water Quality Management Plan (WQMP)
Demolition Plans @ 1:20
Civil Construction Details
Grading & Drainage Plans @1:20
Layout Plan
1
1
1
1
1
3
1
1
1
1
6
1
4
BKF
BKF
BKF
BKF
PlaceWorks
BKFSewer and Water (wet) Utility Plans
Materials Plan @1:20 PlaceWorks
PlaceWorks
PBS Engineers
PBS Engineers
Landscape Details
Electrical Plans @1:20
Electrical Details
Irrigation Plans @1:20
WELO Calcs & Submittals Sweeney + Associates 1
Irrigation Details
Planting Plan @1:20
Planting Details
Sweeney + Associates
PlaceWorks
4
1
2PlaceWorks
The 90% plans will be accompanied by draft specifications in CSI format. The cost estimate will be
developed using the City’s preferred schedule-of-values format or other bid-form-ready template.
PlaceWorks will also develop a 3d rendering of the proposed improvements as part of this submittal, but
it will not be included in the draft plans.
6.2 CITY STAFF MEETING #5: 90% PS+E AND CONSTRUCTABLITY REVIEW
Following a four-week review period, City staff will provide PlaceWorks with one set of marked up plans
and specifications. PlaceWorks will meet with City staff to review comments on the 90% set, clarify
any questions that may arise, and address constructability. The project team will conduct a site walk to
address any remaining issues.
6.3 100% PS+E SUBMITTAL
Based on City review comments, the PlaceWorks team will revise the 90% submittal and refine it to
100%
PROPOSAL FOR SERVICES | PLACEWORKS 2-5
2. Scope of Services and Schedule
6.4 CITY STAFF MEETING #6: 100% PS+E
Following a four-week review period and receipt of marked-up plans and specifications, PlaceWorks will
meet with City staff to review comments on the 100% set and clarify any questions that may arise.
6.5 FINAL PS+E BID SET
Based on City’s review comments, the PlaceWorks team will make minor revisions to the 100% submittal
and refine it to a Final set for going to bid purposes. The Final plan set will include the electrical plan
of service approved by SCE and final plan of service approved by City of Santa Ana Water Resources
Division
TASK 7. CONSTRUCTION ADMINISTRATION
7.1 BID SUPPORT
The PlaceWorks Team will assist during the bidding phase by attending the pre-bid meeting, responding
to contractor requests for information, and preparing two bid addenda if necessary.
7.2 CONSTRUCTION SUPPORT
During construction, the PlaceWorks team will assist the City with construction administration, including
the tasks summarized below. The number of hours is approximate based on similar projects and can be
evaluated if additional services are needed. We assume that the City will provide a construction manager
to provide day-to-day project oversight and coordination with the contractor.
Construction Site Visits. The PlaceWorks team will attend a pre-construction meeting with City
staff and the Contractor to review the drawings and specs. Following this meeting, PlaceWorks will
participate in one project coordination meeting per week during anticipated construction phase and
review the required mock-ups and field samples as indicated in the Technical Specifications.
Submittal Responses. The PlaceWorks team will review submittals for conformance to plans and
specifications and prepare a written response for each submittal.
RFIs and Supplemental Information. The PlaceWorks team will respond to questions from the
Contractor in the field, as requested by the City. PlaceWorks will respond in a timely and efficient
manner to the contractor’s requests for additional information.
Punchlist. The PlaceWorks team will develop a draft punch list for the field inspector and contractor’s
review following a pre-final site visit. PlaceWorks will participate in a final site visit to go over the items
in the punch list, once the contractor has indicated the list is complete.
2-6 CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES
2. Scope of Services and Schedule
Schedule
PlaceWorks proposed schedule for completion of the New Outdoor Library at Jerome Park project is
shown in on the following page. As shown in the schedule, we anticipate that the project can be completed
by December 31, 2023. We believe this schedule is in keeping with your needs, but we are happy to
revise this schedule if necessary.
PlaceWorks has a strong track record for meeting project schedules and coordinating closely with its
clients. Over years of managing projects similar to the Jerome Park project, we have developed a variety
of tools to keep projects on schedule and ensure that staff are well informed at all times:
We maintain an up-to-date schedule throughout the project to ensure that all team members are
aware of upcoming meetings and product due dates.
We stay in close, regular contact with staff and our subconsultants and document important decisions
about the project in writing to ensure that decisions are understood by all team members.
We schedule project due dates for staff and subconsultants with adequate time for editing and
formatting finished reports.
We limit subconsultants’ payments to specific milestones to ensure that progress on the project is
commensurate with billings
PROPOSAL FOR SERVICES | PLACEWORKS 2-7
2. Scope of Services and Schedule
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2-8 CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES
The PlaceWorks Team
Jerome Park Library - Design Services
PROPOSED PROJECT SCHEDULE
2022 2023 2024
Nov Dec Jan Feb Mar April May June July Aug Sept Oct Nov Dec Jan Feb Mar April May
TASK 1. PROJECT INITIATION AND COORDINATION
1.1 City Staff Meeting 1: Kickoff Meeting and Site Visit
1.2 Ongoing Project Management
TASK 2. DATA GATHERING AND SITE ANALYSIS
2.1 Records Research
2.2 Survey
2.3 Arborist Report
2.4 Site Analysis
TASK 3. PUBLIC OUTREACH
3.1 Public Engagement Plan
3.2 City Staff Meeting #2: Public Engagement Plan
TASK 4. PRELIMINARY DESIGN
4.1 Schematic Design Alternatives
4.2 City Staff Meeting #3: Schematic Design Alternatives
4.3 Public Outreach Round 1: Schematic Design Alternatives
4.4 Draft Design Development
4.5 Stormwater Analysis
4.6 City Staff Meeting #4: Draft Design Development
4.7 Public Outreach Round 2: Preferred Concept
4.8 Revised Design Development (30% Drawings and Cost Estimate)
4.9 City Staff Meeting #5: Preparing for Final Design
TASK 5. UTILITY COORDINATION
5.1 Southern California Edison (SCE)
5.2 City of Santa Ana Water Resources
TASK 6. CONSTRUCTION DOCUMENTS
6.1 90% PS+E Submittal
6.2 City Staff Meeting #5: 90% PS+E and Constructablity Review
6.3 100% PS+E Submittal
6.4 City Staff Meeting #6: 100% PS+E
6.5 Final PS+E Bid Set
TASK 7. CONSTRUCTION ADMINISTRATION
7.1 Bid Support
7.2 Construction Support
Work period
Review period
Project team meeting
Community engagement
2. Scope of Services and Schedule
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2-10 CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES
EXHIBIT BThe PlaceWorks Team
City of Santa Ana ‐ New Outdoor Library at Jerome Park
COST PROPOSAL
PLACEWORKS SUBCONSULTANTS
ALAN
LOOMIS
Principal in Project
Charge
JESSE
JONES
JEN
CHUNG
Associate Associate
YUE
ZHANG
LYNNETE MEL
GROSS
BKF
ENGINEERS
Civil
Engineering
Services
PBS SWEENEY &BARTLETTGUZMAN
Associate
Planner
/ENGINEERS ASSOCIATES
Electrical
Engineering
Services
PlaceWorks
PlaceWorks 2% Office PlaceWorks
10% Sub‐
consultant consultant TOTAL TASK
Arborist Report Markup Total BUDGET
Sub‐
Manager Designer
$175
Designer
$130
Designer
$120
Irrigation
ServicesHourly Rate: $240 $165 $140 Hours Expenses Total
TASK 1. PROJECT INITIATION AND COORDINATION
1.1 City Staff Meeting 1: Kick‐off Meeting and Site Visit
1.2 Ongoing Project Management
2 4
72
76
4 10
72
82
$33
$252
$285
$1,693
$12,852
$14,545
0
0
$0
0
0
$0
0
0
$0
0
0
$0
$0
$0
$0
$0
$0
$0
$1,693
$12,852
$14,545Task 1. Subtotal 2 0
0
0 0 4
TASK 2. DATA GATHERING AND SITE ANALYSIS
2.1 Records Research
2.2 Survey
2.3 Arborist Report
2.4 Site Analysis
2
1
1
4
8
2
1
1
20
24
$7
$4
$4
$58
$73
$357
$179
$179
$2,938
$3,653
2,184
19,500
0
0
0
0
0
$0
0
0
0
0
$0
0
0
$218
$1,950
$465
$0
$2,633
$2,402
$21,450
$5,110
$0
$2,759
$21,629
$5,289
$2,938
$32,615
4,645
0
$4,645
2
2
2
2
12
12
0
Task 2. Subtotal
Task 3. Subtotal
0 $21,684 $28,962
TASK 3. PUBLIC OUTREACH
3.1 Public Engagement Plan
3.2 City Staff Meeting #2: Public Engagement Plan
1
1
2
2
2
4
4
2
6
7
5
12
$23
$17
$40
$1,173
$887
$2,060
0
0
$0
0
0
$0
0
0
$0
0
0
$0
$0
$0
$0
$0
$0
$0
$1,173
$887
$2,060000
TASK 4. PRELIMINARY DESIGN
4.1 Schematic Design Alternatives
4.2 City Staff Meeting #3: Schematic Design Alternatives
4.3 Public Outreach Round 1: Schematic Design Alternatives
4.4 Draft Design Development
4.5 Stormwater Analysis
4.6 City Staff Meeting #4: Draft Design Development
4.7 Public Outreach Round 2: Preferred Concept
4.8 Revised Design Dev't. (30% Drawings & Cost Estimate)
4.9 City Staff Meeting #5: Preparing for Final Design
8
1
2
6
32
6
16
20
4
6
4
24
4
10 12 80 142
7
50
84
4
$407
$26
$147
$249
$14
$26
$79
$224
$19
$20,737
$1,316
$7,507
$12,679
$714
$1,316
$4,019
$11,444
$959
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
$0
$0
$0
$0
$279
$0
$0
$2,030
$0
$0
$0
$0
$20,737
$1,316
$7,507
$12,679
$3,782
$1,316
$4,019
$33,778
$959
12 20
40108 $0
2,789 $3,068
$0
$0
$22,334
$0
1
2
6
7 0
0616
40
28
76
5
6 14,606
0
3,518
0
2,180
01
Task 4. Subtotal 27 116 20
0
26 18 196 403 $1,191 $60,691 $17,395 $3,518 $2,180 $0 $2,309 $25,402 $86,093
TASK 5. UTILITY COORDINATION
5.1 Southern California Edison
5.2 City of Santa Ana Water Resources
2
2
4
2
2
4
$7
$7
$14
$357
$357
$714
0
1,474
$1,474
555
0
$555
0
0
$0
0
0
$0
$56
$147
$203
$611
$1,621
$2,232
$968
$1,978
$2,946Task 5. Subtotal 0 0 0
0
0
TASK 6. CONSTRUCTION DOCUMENTS
6.1 90% PS+E Submittal 6
1
4
1
4
32
6
24
6
8
76
24
16
60
40
122
7
84
7
42
262
$347
$26
$241
$26
$121
$761
$17,707
$1,316
$12,281
$1,316
$6,181
$38,801
22,352
0
6,799
0
4,140
$33,291
3,518
0
3,328
0
2,608
$9,454
8,725
0
1,055
0
528
$10,308
0
0
0
0
0
$3,460
$0
$1,118
$0
$728
$5,306
$38,055
$0
$12,300
$0
$8,004
$58,359
$55,762
$1,316
$24,581
$1,316
$14,185
$97,160
6.2 City Staff Meeting #5: 90% PS+E and Constructability Review
6.3 100% PS+E Submittal
6.4 City Staff Meeting #6: 100% PS+E
6.5 Final PS+E Bid Set 10
50
20
120Task 6. Subtotal 16 0 $0
TASK 7. CONSTRUCTION ADMINISTRATION
7.1 Bid Support
7.2 Construction Support
2
16
18
16
128
144
18
144
162
$66
$525
$591
$3,346
$26,765
$30,111
1,740
5,890
$7,630
0
1,110
$1,110
0
5,365
$5,365
0
0
$0
$174
$1,237
$1,411
$1,914
$13,602
$15,516
$5,260
$40,367
$45,627Task 7. Subtotal 0 0 0 0
Labor Hours Total 67 428
$74,900
45%
20
$3,300
2%
78
$10,140
8%
24
$3,360
3%
332
$39,840
35%
949
Labor Dollars Total $16,080
PlaceWorks Percent of Total Labor 7%
$2,955 $150,575 $81,474 $14,637 $17,853 $4,645 $130,471 $281,046
REIMBURSABLE EXPENSES
PlaceWorks Reimbursable Expenses
Subconsultants' Reimbursable Expenses
$0
$0
EXPENSES TOTAL $0
GRAND TOTAL $281,046
PlaceWorks – 2022 Standard Fee Schedule
STAFF LEVEL HOURLY BILL RATE
$210-$335
$195-$250
$170-$235
$160-$195
$135-$170
$125-$160
$105-$150
$90-$130
Principal
Associate Principal
Senior Associate/Senior Scientist II
Senior Associate/Senior Scientist I
Associate/Scientist II
Associate/Scientist I
Project Planner/Project Scientist
Planner/Assistant Scientist
Graphics Specialist $90-$135
Administrator $145-$200
$45-$150Clerical/Word Processing/Technical Editor
Intern $75-$100
Subconsultants are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS-approved rate.
Possible Yearly Increase of 5% on bill rates.
2022_StandardFeeSchedule_12-07-21
HOURLY RATE SCHEDULE
BKF ENGINEERS
PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE MARCH 28, 2022
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal/Vice President
Senior Associate/Vice President
Associate
Senior Project Manager | Senior Technical Manager
Project Manager | Technical Manager
Engineering Manager | Surveying Manager | Planning Manager
$272.00
$244.00
$237.00
$237.00
$231.00
$213.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner
Project Engineer | Project Surveyor | Project Planner
Design Engineer | Staff Surveyor | Staff Planner
BIM Specialist I, II, III
Technician I, II, III, IV
Drafter I, II, III, IV
$198.00
$174.00
$151.00
$151.00 - $174.00 - $198.00
$144.00 - $153.00 - $168.00 - $181.00
$113.00 - $124.00 - $134.00 - $149.00
$94.00Engineering Assistant | Surveying Assistant | Planning Assistant
FIELD SURVEYING
Survey Party Chief $198.00
$170.00
$127.00
Instrument Person
Survey Chainperson
Utility Locator I, II, III, IV
Apprentice I, II, III, IV
$103.00 - $146.00 - $175.00 - $199.00
$78.00 - $105.00 - $116.00 - $123.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $259.00
$225.00
$167.00
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, III $151.00 - $174.00 - $198.00
PROJECT ADMINISTRATION
Project Coordinator $126.00
$109.00
$96.00
$81.00
Senior Project Assistant
Project Assistant
Clerical | Administrative Assistant
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will
be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to:
printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and
expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable
materials.
Allowable mileage will be charged at the prevailing IRS rate per mile.
Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on
past due accounts.
BKF ENGINEERS
M ECHANICAL E LECTRICAL P LUMBING | C ONSULTING E NGINEERS
2022
SCHEDULE OF CHARGES
The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of ninety
(90) days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon
thirty (30) days advance notice.
PERSONNEL/HOURLY RATE
Principal Engineer
Project Manager
Project/Senior Engineer
Senior Designer
Designer
$190
$165
$145
$130
$124
Senior CADD/Revit Operator
CADD/Revit Operator/Drafting
Senior Field Representative
Field Representative
$119
$99
$124
$114
$96Word Processor/Clerical
These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight (8) hours
will be charged on any day. If required in the interest of the project, Overtime will be charged at the above rates for
professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to the time in excess of
eight (8) hours per weekday and all-time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions
or other factors beyond our control, a standby charge of four (4) hours per weekday will be made for field personnel.
Reimbursable expenses are in addition to personnel rates. Reimbursable expenses will be billed at cost except as noted
below.
MISCELLANEOUS CHARGES
Passenger Car
Plotting
$0.58/mile
$5.00/sheet
$0.07/pagePhotocopy
INSURANCE
PBS Engineers maintains Professional Liability, General Liability Insurance for bodily injury and property damage with a limit
of $10,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event
the Client desires additional coverage, we will, upon the Client's written request, obtain additional insurance at the Client's
expense.
Glendora | Houston | Los Angeles | San Diego
2100 East Route 66, Suite 210, Glendora, CA 91740 | T 626.650.0350 F 626.650.0352
www.pbsengineers.com
Page 1
A2. Landscape Architecture Services
Hourly rates as follows:Principal - $190.00 per hour,
Irrigation Designer - $145.00 per hour
Project Manager - $160.00 per hour
EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.
1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a)Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b)Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement
meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i)The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(ii)The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv)The Consultant will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(v)The Consultant will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi)The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and the Consultant may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests of
the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c)Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d)Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to
this Agreement since it is funded by CSLFRF.
(e)Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(ii)Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (iii) of this section.
(iv)Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (ii) through (v) of this Section.
(f)Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Consultant must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency..
(g)Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control
Act:
(i)Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii)Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each
violation to the City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in
each subcontract exceeding $150,000.
(h)Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii)Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv)Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i)Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
(j)Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement.
(ii)In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA-designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate
items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv)The Consultant also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.”
(k)Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i)Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system funded under this Agreement. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1)For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2)Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3)Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(ii)
Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use
See Public Law 115-232, section 889 for additional information.
(l)
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must
be included in all subcontracts.
(ii)For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2)‘‘Manufactured products’’ means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a)Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women’s business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b)Affirmative steps shall include:
(i)Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii)Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv)Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v)Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c)Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a)Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b)Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i)Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
(ii)Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing
regulation at 31 C.F.R. Part 19.
(iv)Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v)Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(vi)New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
(c)Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
(i)Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii)The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv)The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v)Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
(d)False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available by
law.
(e)Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
(ii)The list of persons and entities referenced in the paragraph above includes
the following:
Congress;
(1)A member of Congress or a representative of a committee of
(2)
(3)
An Inspector General;
The Government Accountability Office;
(4)
(5)
A Treasury employee responsible for contract or grant oversight or
An authorized official of the Department of Justice or other law
management;
enforcement agency;
(6)
(7)
A court or grand jury; or
A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g)Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
(h)Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i)Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii)Consultant acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons to
its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to
ensure meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on LEP, please visit http://www.lep.gov.
(iv)Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant’s successors, transferees and assignees for the period in which such
assistance is provided.
(v)Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding
from a program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also extends protection to
persons with “Limited English proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement).
(vi)Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on-site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix)Consultant must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Consultant and the
administrative agency that made the finding. If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
(x)If Consultant makes sub-awards to other agencies or other entities,
Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.