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HomeMy WebLinkAboutItem 18 - Development of Pre-Approved Accessory Dwelling Unit Plans Planning and Building Agency https://www.santa-ana.org/pb Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Award Agreements to Design Path Studio and James Gartner & Associates for the Development of Pre-Approved Accessory Dwelling Unit Plans AGENDA TITLE: Award Agreements to two firms, Design Path Studio and James Gartner & Associates, for the Development of Pre-Approved Accessory Dwelling Unit plans for a total aggregate amount not to exceed $215,000 RECOMMENDED ACTION Authorize the City Manager to execute two agreements with the firms listed below for three years ending July 5, 2024, with provision for a single two-year renewal option exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $215,000 for the two contracts combined, for the term of the contract, including the optional renewal, subject to non-substantive changes approved by the City Manager and the City Attorney: 1. Design Path Studio 2. James Gartner & Associates DISCUSSION Background On March 10, 2020, the State of California, Department of Housing and Community Development (HCD) awarded an SB2 grant in the amount of $625,000 to the City of Santa Ana. The grant funds will be used to implement innovative strategies and expedited processes that will result in an upgrade to the City’s permitting system and counter services, including the production of pre-approved accessory dwelling unit (ADU) plans that streamline counter permit processes. On April 30, 2020, the standard agreement was executed between HCD and the City. On January 27, 2021, the City of Santa Ana requested proposals from qualified firms to create and develop accessory dwelling unit building plan sets that will be used as City standard plans for expedited permit processing and construction. Notification through the PlanetBids website was sent to 359 vendors, of which 18 were based in Santa Ana. One Award Agreements to Design Path Studio and James Gartner & Associates for the Development of Pre-Approved Accessory Dwelling Unit Plans July 6, 2021 Page 2 1 8 4 4 proposal was submitted by a Santa Ana firm. A staff selection committee reviewed six submitted proposals. Interviews were conducted with the top two scoring firms, Design Path Studio and James Gartner & Associates. The proposals were evaluated on proposal responsiveness, experience, proposed work plan, staffing, and budget. Design Path Studio and James Gartner & Associates were both selected to provide the required services because their experience with developing accessory dwelling unit plans and local experience with Santa Ana best addressed the City’s needs. In order to provide the best services to the City, staff will endeavor to distribute work equally among the two consultants, but reserves the right to assign more work to one consultant over another based on type of support position required, availability of staff, and performance, among other factors. The firms were ranked as follows: Proposer Rank Design Path Studio 1 James Gartner & Associates (Santa Ana)2 RRM Design Group 3 M.W. Steele Group 4 Knollmiller Architects, Inc.5 KTGY Group, Inc.6 Description The agreements are intended to produce standardized, pre-approved ADU plans that will be made available to prospective applicants and their design teams. The pre-approved plans will reflect current City and State development standards, as well as Citywide design guidelines to ensure neighborhood compatibility. The intended pre-approved ADU plan types are anticipated to include detached unit types, such as studio, one-, or two- bedroom units. HCD has identified ADUs as an important type of attainable housing statewide. ADUs fill a niche for renters seeking a living space that is both independent and affordable. The pre-approved ADU plans are intended to streamline the City’s review of ADUs, saving applicants time and expenses, reducing staff resources required to review and permit such projects, and assisting with production of accessory dwelling units in Santa Ana. The agreements account for future revisions, as needed, to the pre-approved plans to comply with State and Building Code updates. FISCAL IMPACT Funds will be recorded in account numbers 01116510-62300 and will be made available from FY 2021-2022 through FY 2023-24 contingent upon annual budget approval. Award Agreements to Design Path Studio and James Gartner & Associates for the Development of Pre-Approved Accessory Dwelling Unit Plans July 6, 2021 Page 3 1 8 4 4 The fiscal year breakdown is an estimate and the actual amounts per year may vary depending upon project needs. Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Description Amount FY2021/2022 15816500-62300 SB-2 Planning Grant Program Contractual Services $ 188,000 FY2022/2023 01116510-62300 General Fund Contract Services $ 13,500 FY2023/2024 01116510-62300 General Fund Contract Services $ 13,500 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director – Finance and Management Services Agency EXHIBIT(S) 1. Agreement – Design Path Studio 2. Agreement – James Gartner & Associates Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager Page 1 of 9 AGREEMENT WITH DESIGN PATH STUDIO TO PROVIDE PRE-APPROVAL ACCESSORY DWELLING UNIT PLANS THIS AGREEMENT is made and entered into on this 6th day of July, 2021 by and between Design Path Studio, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 27, 2021, the City issued Request for Proposal 21-001 (“RFP”) seeking proposals from qualified vendors to create and develop five accessory dwelling unit building plan sets for expedited permit processing and construction. B. Consultant is one of two vendors to timely submit a responsive proposal, which was selected by the City. Consultant represents that it is able and willing to provide such services to the City as described in the RFP and Consultant’s proposal, which are incorporated by reference as though fully attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation provided by all consultants selected under RFP 2021-001 to perform shall not exceed an aggregate amount of $215,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 2 of 9 3.TERM This Agreement shall commence on the date first written above and continue for a three-year term until July 5, 2024, with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. The parties shall also be subject to the Electronic Transfer Regulations attached hereto as Exhibit C and incorporated herein by reference. 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 Page 3 of 9 or occurrence arising out of Contractor’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thi rty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporat ed by reference into the Agreement. v. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Contractor’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 4 of 9 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 Contractor’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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, 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 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. Page 5 of 9 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 under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors 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: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 b e 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 governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 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. 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: Executive Director, Planning & Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5897 To Consultant: 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. Design Path Studio P.O. Box 230165 Encinitas, CA 92023 Page 8 of 9 20. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Ryan O. Hodge Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Minh Thai Executive Director Planning & Building Agency By: Title Yvonne St PierrePresident - Design Path Studio EXHIBIT A SCOPE OF SERVICES RFP No. 21-001 for Pre-Approval Accessory Dwelling Unit Plans Design Path Studio Proposal Design Path Studio + checkerboardSTUDIOS - Page 9 All tasks listed below will be managed by Design Path Studio. Sub-consultants will be responsible for code compliance and any deliverables provided by sub-consultants will be supervised and reviewed by Design Path Studio prior to review by the City of Santa Ana. Our team has a proven track record of producing quality results, on-time and on-budget, even while navigating the challenges of creating WKH¿UVWVXFFHVVIXOSHUPLWUHDG\$'8SURJUDPLQWKHVWDWH checkerboardSTUDIOS: ADU Regulations and Design Consultant &RQWDFW*HR໤UH\3ODJHPDQQ a: 2640 Worden Street, Unit 208, San Diego, CA 92110 p: 304-951-118 e: JHR໤UH\#FKHFNHUERDUGVWXGLRVFRP D&R Calcs: Title 24 Energy Consultant Contact: Diane Mendoza a: 14107 Ipava Drive, Poway, CA 92064 p: 858-486-9506 e: diane@dandrcalcs.com Structural Engineer Consultant (if required) 7%'SULRUWR¿QDOL]LQJFRQWUDFW Task A: Meetings + Project Schedule (2 weeks) Deliverables: Schedules, Agendas, and Meeting Minutes &RQVXOWDQWVKDOODWWHQGDNLFNR໤PHHWLQJZLWK&LW\6WD໤WRUH¿QHWKHVFRSHRIVHUYLFHV timeline, and steps for completion of the ADU building plans. 7KHNLFNR໤PHHWLQJZLOOHVWDEOLVKSURWRFROVIRUFRPPXQLFDWLRQSURJUHVVPHHWLQJVDQGFODULI\ project objectives and deliverables. 3. Consultant will schedule, prepare agendas, and draft minutes for all monthly team progress meetings. Task B: Pre-approved ADU Plans (20 weeks) To be consistent with standard professional practice we propose the following design plan in order to UH¿QHWKHGHVLJQVZKLOHZRUNLQJZLWK&LW\6WD໤7KLVDOORZV6WD໤WRWKLQNWKURXJKWKHGHVLJQDQGDQ\ factors impacting the integration of the prototypical design with existing conditions that cannot be predicted. 1: Schematic Design Deliverables: Floor plans, Elevations 4. WORK PLAN See Project Schedule for more detail. RFP No. 21-001 for Pre-Approval Accessory Dwelling Unit Plans Design Path Studio Proposal Design Path Studio + checkerboardSTUDIOS - Page 10 a. Evaluate the minimum square footage requirements for each space in the proposed unit type including, kitchen, living room, bedroom(s), and bathroom(s), as applicable. These spaces would be incorporated in each, studio, 1 bedroom, 2 bedroom, and 3 bedroom plans (This proposal does not include garage conversion plans, due to the number of unknown site and building conditions of existing structures). E&RQVXOWZLWKFLW\VWD໤WRGHYHORSDQXQGHUVWDQGLQJRIKRZKRPHRZQHUVFDQHDVLO\PRGLI\ the plans to accommodate an ADU on their existing property. Our goal would be to provide options for incorporating the ADUs into various existing conditions while complying with FXUUHQWEXLOGLQJFRGHVLQRUGHUWRFUHDWHDÀH[LEOHLQWHJUDWHGGHVLJQWKDWDFFRPPRGDWHV OLIHVDIHW\DQGDFRKHVLYHÀRZWRWKHÀRRUSODQV)RUH[DPSOHEHGURRPVZRXOGQHHGWREH placed opposite the area of the tie into and existing structure in order to allow for egress from bedroom windows to the exterior. F&UHDWHRQHWRWKUHHFRQFHSWXDOÀRRUSODQVZLWKFRUUHVSRQGLQJH[WHULRUHOHYDWLRQVIRU each unit type (studio, one-bedroom, two-bedroom, three-bedroom) for city review and comment. We will present these options in the form of sketches to help visualize the GL໤HUHQWFRQFHSWVLQDQH໥FLHQWPDQQHUDQGWKHQVHOHFWZKLFKRIWKHVHFRQFHSWVZLOOEH GHYHORSHGLQWRWKHHLJKW¿QDOSODQV G8VLQJVXJJHVWLRQVIURPVWD໤ZHZLOOLGHQWLI\WKHPRVWORJLFDOSODQIRUHDFKXQLWW\SH7KHVH plans would then be incorporated into the design development phase of the project. 2: Design Development Deliverables: Floor Plans, Elevations, and Building Sections D5H¿QHWKHVHOHFWHGÀRRUSODQVDQGHOHYDWLRQVIRUHDFKXQLWW\SHLQ&$'ZLWKQHFHVVDU\ clearances, dimensions, and life safety aspects required by the current codes. E*HQHUDWHEXLOGLQJVHFWLRQVZKLFKFRUUHVSRQGWRHDFKÀRRUSODQDQGHOHYDWLRQIRUHDFK unit type. The development of building sections will consider standard framing methods, size requirements from span tables outlined in the building code, and other various code minimum requirements. The size of the framing members will further dictate the overall building envelope for each ADU. c. Evaluate and incorporate standard conventional framing details on a conceptual level for HDFK$'8XQLWW\SH$FRQVFLRXVH໤RUWZLOOEHPDGHWRVWDQGDUGL]HWKHFRQVWUXFWLRQGHWDLOV for simple integration into existing structures. 3: Final Building Plan Set Deliverables: Final Set of Building Plans a. Foundation plan with conventional design for footings and slab construction. An option will be provided for a raised foundation with a crawl space in the event an existing house 4. WORK PLAN (cont.) RFP No. 21-001 for Pre-Approval Accessory Dwelling Unit Plans Design Path Studio Proposal Design Path Studio + checkerboardSTUDIOS - Page 11 requires the proposed ADU to tie into an existing raised foundation. E'LPHQVLRQHGÀRRUSODQVZLOOEHSURYLGHGWRLQGLFDWHVL]HRIURRPVQHFHVVDU\FOHDUDQFHV GRRUDQGZLQGRZLGHQWL¿FDWLRQIRUFRUUHVSRQGLQJVFKHGXOHVURRPW\SHLGHQWL¿FDWLRQ¿QLVK PDWHULDOVDQGNH\QRWHVIRUFODUL¿FDWLRQDQGFRRUGLQDWLRQZLWKFRUUHVSRQGLQJVKHHWVLQWKH plan set. F5RRISODQLQGLFDWLQJRYHUDOOGHVLJQGLUHFWLRQRIVORSHURRISLWFKYDULRXV&ODVV$URR¿QJ PDWHULDORSWLRQVOLVWHGWRLQWHJUDWHZLWKWKHGL໤HUHQWVLWHVSHFL¿FH[LVWLQJFRQGLWLRQVHDYH details, and venting calculations. d. Building Sections will indicate conventional framing methods and member sizes as determined in the design development phase and as shown in the structural framing plans. Building details and materials will be called out which will comply with minimum Title 24 energy standards. e. Exterior elevations will show proposed building materials, heights, door and window LGHQWL¿FDWLRQPDUNHUVNH\QRWHDQGGHWDLOVFDOORXWVIRUFODUL¿FDWLRQDQGFRRUGLQDWLRQZLWK EXLOGLQJVHFWLRQ2SWLRQDOH[WHULRU¿QLVKPDWHULDODQGGHWDLOVZLOOEHSURYLGHGDVDZD\WR customize the exterior façade to express individual owners’ tastes and integration with community character I 5HQGHULQJVRIH[WHULRUDQGLQWHULRUFRQFHSWGHVLJQZLOOEHSURYLGHGDVSDUWRIWKH¿QDO building plan set as a way to clearly show the design intent. This will help the homeowner visualize what the completed ADU will look and assist in making the decision to change any exterior materials to better integrate with their existing conditions. g. Title 24 energy calculations will be provided based on the size of the unit, door and window RSHQLQJVURRIRYHUKDQJVDQGWKHUPDOPDVVDQGLQVXODWLRQDVGHVLJQHGIRUWKH¿QDOSODQV (QHUJ\FDOFXODWLRQVZLOOEHJHQHUDWHGXVLQJDOOFDUGLQDOSRLQWVDQGFDQEHPRGL¿HGE\WKH FRQVXOWDQWKHUHLQIRUDQRPLQDOIHHIRUXSGDWHVWRVLWHVSHFL¿FFRQGLWLRQVRUDQ\FKDQJHVWR the fenestration (door and window) sizes. 4: Department Reviews and Revisions Deliverables: Comprehensive Set of Building Plans D%DVHGRQ¿QDOVWD໤LQSXWFRQVXOWDQWZLOOSUHSDUHD¿QDOVHWRIEXLOGLQJSODQVWREH submitted to City Department for review comments. E%DVHGRQ'HSDUWPHQWUHYLHZFRPPHQWVFRQVXOWDQWVKDOOPDNH¿QDOUHYLVLRQVDQGVXEPLW ¿QDOGRFXPHQWDWLRQIRUEXLOGLQJSODQV 4. WORK PLAN (cont.) RFP No. 21-001 for Pre-Approval Accessory Dwelling Unit Plans Design Path Studio Proposal Design Path Studio + checkerboardSTUDIOS - Page 12 Task C: Publication Materials (2 weeks) Deliverables: Publication materials for print and website 1. Consultant shall prepare draft publication materials for print and website based on discussions GXULQJSURMHFWWHDPPHHWLQJV&RQVXOWDQWZLOOSUHVHQWWKHPDWHULDOVWR6WD໤IRUUHYLHZDQG comment. &RQVXOWDQWVKDOOSUHSDUHDQGSUHVHQWD¿QDOGUDIWRIWKHSXEOLFDWLRQPDWHULDOVIRUSULQWDQG ZHEVLWHZLWKFRPSOHWHWH[WDQG¿QDOL]HGLPDJHVDQGJUDSKLFVIRU¿QDOUHYLHZDQGFRPPHQW 4. WORK PLAN (cont.) Task # Responsible Party Estimated Hours Total Cost J F M A M J J A S O N D Deliverable A Kick-off Meeting & Project Schedule A.1 Project Kick-off Meeting with City/Consultant City/Consultant 4 $400 Agenda and Meeting Notes A.2 Project Schedule City/Consultant 4 $400 Updated Schedule A.3 Team Progress Meetings Consultant/City 24 $2,400 Agenda and Meeting Minutes B Pre-approved ADU Plans B.1 Schematic Design Consultant 76 $7,600 Schematic Floor Plans and Elevations B.2 Design Development Consultant 270 $27,000 Refined Floor Plans, Elevations, and Building Sections B.3 Final Building Plan Sets Consultant 100 $10,000 Final Set of Building Plans B.4 Department Reviews and Revisions Consultant 74 $7,400 Comprehensive Set of Building Plans C Planning Commission and City Council Meetings C.1 Draft Publication Materials Consultant 32 $3,200 Draft Publication Materials C.2 Final Publication Materials Consultant 16 $1,600 Final Publication Materials Total Cost:$60,000 2021 PROJECT SCHEDULE: City of Santa Ana Pre-Approval ADU Plans Completion: Oct. 29, 2021 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable RFP No. 21-001 for Pre-Approval Accessory Dwelling Unit Plans Design Path Studio Proposal Design Path Studio + checkerboardSTUDIOS - Page 13 This proposal is for each ADU type (studio, one-bedroom, two-bedroom, and three-bedroom). Each type would include reverse and mirrored floor plans, and up to three roof and cladding design variations based on Santa Ana vernacular styles. Design Path Studio anticipates completion of all projects tasks and closeout of the project within this calendar year, 2021 (see Project Schedule). Any additional services requested by the City of Santa Ana for the remainder of the contract terms will be billed based on the hourly rate(s) provided. Contract Year-1: $60,000 Contract Year-2: as needed hourly Contract Year-3: as needed hourly Extension: as needed hourly Hourly Fee Schedule: Principal Architect: $175/hr Principal Planner: $150/hr Project Manager: $100/hr Designer: $75/hr Drafter: $75/hr BUDGET NOT TO EXCEED: $60,000 5. COST PROPOSAL UNIT TYPES PROPOSED NUMBER OF UNITS PROPOSED BID AMOUNT Studio, One-bedroom, Two-bedroom, and Three-bedroom 1 $15,000 2 $30,000 3 $45,000 4 $60,000 *This proposal does not include garage conversion plans EXHIBIT C ELECTRONIC TRANSFER REGULATIONS Electronic Transfer Agreement It is expressly understood that the Computer-Aided Design (“CAD”) files are being provided only for use in the event Consultant is unable to provide services to the City for the Pre-Approval ADU program. CAD files, like any electronic data, transferred in any manner or translated from the system and format used by the design professionals on this Project to another system or format are subject to errors and modifications that may affect the accuracy and reliability of the data, and, in addition, that electronic data may be altered or corrupted whether inadvertently or otherwise. As a result, no representations or warranties, whether expressed or implied, as to the accuracy of the CAD files transferred are made herein. As the accuracy of the CAD files cannot be warranted or guaranteed, it is issued as supplemental information only and must be read in conjunction with the contract documents, and to the extent there are any discrepancies between the CAD files and the contract documents, the physical contract documents must be relied upon. City acknowledges that 1) the CAD files are to be read in conjunction with all construction documents, addenda and supplemental contract documents, and 2) the CAD files are not to be used for fabrication or construction of any kind. Notwithstanding the above, it is understood that City is subject to the California Public Records Act (Gov. Code § 6250 et seq.). If a request under the California Public Records Act is made to view Consultant’s CAD files, City shall use reasonable efforts to notify Consultant of the request and the date that such records will be released to the requester unless Consultant obtains a court order enjoining that disclosure. If Consultant fails to obtain a court order enjoining that disclosure, City will release the requested information on the date specified. City and Consultant shall not be liable for use of the CAD files by a third party that has not been authorized to use such files by City. Page 1 of 8 AGREEMENT WITH JAMES GARTNER & ASSOCIATES, ARCHITECTS, INC., TO PROVIDE PRE-APPROVAL ACCESSORY DWELLING UNIT PLANS THIS AGREEMENT is made and entered into on this 6th day of July, 2021 by and between James Gartner & Associates, Architects, Inc., a California corporation, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On January 27, 2021, the City issued Request for Proposal 21-001 (“RFP”) seeking proposals from qualified vendors to create and develop five accessory dwelling unit building plan sets for expedited permit processing and construction. B. Consultant is one of two vendors to timely submit a responsive proposal, which was selected by the City. Consultant represents that it is able and willing to provide such services to the City as described in the RFP and Consultant’s proposal, which are incorporated by reference as though fully attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation provided by all consultants selected under RFP 2021-001 to perform shall not exceed an aggregate amount of $215,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 2 of 8 3.TERM This Agreement shall commence on the date first written above and continue for a three- year term until July 5, 2024, with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 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 Contractor’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 3 of 8 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. v. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Contractor’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 4 of 8 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 Contractor’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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cost s, 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 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. Page 5 of 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 under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 is not embodied herein. Page 6 of 8 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors 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: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 governmental agencies. Consultant shall notify the City immediately and Page 7 of 8 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. 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: Executive Director, Planning & Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5897 To Consultant: 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. James Gartner & Associates, Architects, Inc. 2036 N. Broadway Santa Ana, CA 92706 Page 8 of 8 20. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Ryan O. Hodge Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Minh Thai Executive Director Planning & Building Agency By: Title James R. GartnerPresident, James Gartner & AssociatesArchitects, Inc. EXHIBIT A SCOPE OF SERVICES February 26, 2021 RE: RFP No. 21-001 Work Plan Proposed Approach: The Principle in Charge, James Gartner, along with our Sr. Architect / Project Manager will meet with city staff to kick-off the design process. We will develop prototypical site plans and floor plans of the five ADU project types for discussion with staff. James Gartner will lead the design concepts and coordination with city staff. Our two project managers, Roger Mondragon and Sisi Qian, will lead the presentation renderings and assist with final plans. Our Sr. Project Architect, Glen Kanzelmeyer, will handle code research and final plans. Managing Resources: We have a unique team within our firm with multiple talents. James Gartner, Principal in Charge & Sisi Qian, Project Manager, typically lead the preliminary design work. Roger Mondragon, Project Manager, is also an excellent designer and very talented with construction documents. Glen Kanzelmeyer, Sr. Project Architect, is a licensed professional and an expert at code research and the development of final construction documents. Project Schedule (anticipated target dates): Award Date: April 20th, 2021 Contact City Staff / Planning: April 21st, 2021 Contract Preparation: April 21th, 2021 – April 27th, 2021 Meet with City Staff: April 27th, 2021 Preliminary Design: April 28th, 2021 – June 15th, 2021 Design Development: June 15th, 2021 – July 15th, 2021 Design Development Review: July 15th, 2021 – August 15th, 2021 Final Plans: August 15th – November 1st, 2021 Internal City Review: November 1st – December 1st, 2021 Plan updates per City Review December 1st – December 15th, 2021 Exhibit A EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 1 Cost Proposal Garage Conversion Meetings with Staff (Prelim / Final Plans)1,500.00$ Preliminary Design 2,500.00$ Design Development 1,500.00$ Construction Documents - Final Plans per RFP 9,500.00$ Structural Plans / Calculations 6,325.00$ Energy Calculations / Forms 1,000.00$ Meetings with Staff to Finalize Plan Sets 1,000.00$ Sub Total 23,325.00$ Renderings for Publication 1,500.00$ Total - Garage Conversion:24,825.00$ Studio Meetings with Staff (Prelim / Final Plans)1,500.00$ Preliminary Design 4,500.00$ Design Development 2,000.00$ Construction Documents - Final Plans per RFP 11,500.00$ Structural Plans / Calculations 6,900.00$ Energy Calculations / Forms 1,000.00$ Meetings with Staff to Finalize Plan Sets 1,000.00$ Sub Total 28,400.00$ Renderings for Publication 2,500.00$ Total - Studio:30,900.00$ Exhibit B 2 One Bedroom Meetings with Staff (Prelim / Final Plans)1,500.00$ Preliminary Design 5,500.00$ Design Development 2,000.00$ Construction Documents - Final Plans per RFP 13,000.00$ Structural Plans / Calculations 7,475.00$ Energy Calculations / Forms 1,000.00$ Meetings with Staff to Finalize Plan Sets 1,000.00$ Sub Total 31,475.00$ Renderings for Publication 3,000.00$ Total - One Bedroom:34,475.00$ Two Bedroom Meetings with Staff (Prelim / Final Plans)1,500.00$ Preliminary Design 6,500.00$ Design Development 2,000.00$ Construction Documents - Final Plans per RFP 15,000.00$ Structural Plans / Calculations 7,820.00$ Energy Calculations / Forms 1,000.00$ Meetings with Staff to Finalize Plan Sets 1,000.00$ Sub Total 34,820.00$ Renderings for Publication 3,000.00$ Total - Two Bedroom:37,820.00$ 3 Three Bedroom Meetings with Staff (Prelim / Final Plans)1,500.00$ Preliminary Design 7,500.00$ Design Development 3,000.00$ Construction Documents - Final Plans per RFP 20,000.00$ Structural Plans / Calculations 9,085.00$ Energy Calculations / Forms 1,000.00$ Meetings with Staff to Finalize Plan Sets 1,000.00$ Sub Total 43,085.00$ Renderings for Publication 3,500.00$ Total - Three Bedroom:46,585.00$ Future modifications to already completed protoypical plans are not included in the fixed fees. Modifications will be prepared on an hourly basis. Hourly Rates: Principal 225.00$ /hr. Sr. Project Architect 175.00$ /hr. Project Manager 155.00$ /hr. Job Captain 135.00$ /hr. Structural Engineering Consultant: Langston & Associates 603 N. Parkcenter Dr., Ste. 108 Santa Ana, CA 92705 Energy Consultant: CRO Engineering 18652 Florida Street, Suite 100 Huntington Beach, CA 92648