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HomeMy WebLinkAboutIDS GROUP (8)F' F MAR 0 5 2025 AGREEMENT WITH IDS GROUP TO PROVIDE ARCHITECTURAL SERVICES FOR DOWNTOWN PARKING STRUCTURES IMPROVEMENTS THIS AGREEMENT is made and entered into on this 18th day of February, 2025 by and between IDS GrOLIP, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation MkoNdf_ �-O(us*rganized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 26, 2024, City released a Request far Proposals (RFP) No. 24-100A, by which it sought qualified contractors having special skill and knowledge in the -field of architectural and engineering services to develop and provide design plans for City -owned Parking Structures Improvements. B. Contractor submitted a responsive proposal which was selected by City. Contractor represents that it is able and willing to provide the services described in the scope of work included in RFP No. 24-100A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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, inconsideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor 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 the scope of work attached to RFP No. 24-1 OOA, attached as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Contractor's Fee Proposal, attached hereto as Exhibit B, The total amount to be expended during the term of this Agreement shall not exceed $173,346, This sum is comprised of (a) a base amount of $157,587, and (b) a contingency in the amount of $15,759 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above and continue for a two- year term, expiring February 17, 2027, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for an additional two (2) year term upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation (WIC): 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, policy or employee, for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance. 4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. If Contractor maintains broader coverage and/or higher Iimits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor's CGL, PL, and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Contractor and its Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, AL, PL, and WIC policies, arising from work performed by Contractor under this Agreement. 3. For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Nadia Orozco, Public Works Agency, 20 Civic Center Plaza, M-11, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AXII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. 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. S. INDEMNIFICATION Contractor 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor tinder this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CERTIFICATIONS The funds used to pay for this Agreement will be partly comprised of federal grant funds. Contractor agrees and understands that it will comply with the terms attached hereto as Exhibit C, incorporated by reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. 13. CONFLICT OF INTEREST CLAUSE Contractor must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the Contractor may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the Contractor may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The Contractor's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. 2. If the Contractor has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the Contractor must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the Contractor is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 Contractor 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. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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. 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. 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 Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FEDERAL REGULATIONS Contractor shall comply with all applicable contractual provisions contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions. a. Federal Regulations — Contractor must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Contractor must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit Records — With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Contractor shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Contractor shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Contractor, upon request during usual working hours. d. Reports — Contractor shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Contractor agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 — (ADA) Contractor must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity — None of the finds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying — Contractor will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Contractor to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity — Contractor will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Contractor makes a Ending of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Contractor will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, Contractor will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland "Anti -Kickback" Act — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. M. Davis -Bacon Act — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act — 1. The contractor 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. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. P. Energy and Conservation — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights — Contractor agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Copyright — Contractor may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Employment in Construction Contracts — Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11.246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor 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 contractor's legal duty to furnish information. (4) The contractor 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 Iabor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor 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. (6) The contractor 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. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor 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, (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 244 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor 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. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment — Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.2t6. Contractor will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a 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. As described in Public Law 115-232, section 889, covered telecommunications equipment: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) 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). (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4) 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 vountryDomestic Preferences for Procurements/Subcontracts -- Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322. Contractor shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Contractor shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements, The Contractor shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The Contractor shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Contractor 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. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2) Domestic Preference for Procurements Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: 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. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. W. Termination for Cause and Convenience — Should Contractor fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. X. Contractual/Legal Remedies for Breach of Contract— Should Contractor fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect. 22. 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: City Cleric 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, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: IDS Group 1 Peters Canyon Rd., Suite 130 Irvine, CA 92606 Attn: Dr. Said Hilmy 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. 23. 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. AlI Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on following page] IN WITNESS WHEREOF, the pat -ties hereto have executed this Agreement the date and year first above written. ATTEST: rm APPROVED-XS TO FORM: SONIA R. CARVALHO City Attorney By: KYLENELLESEN Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nalil Saba Na bil SabaDate; 2025.,,.29 13:43:17 -08'00' NABIL SABA Executive Director, Public Works Agency CITY OF SANTA ANA *O% INA Minh Thai Assistant City Manager CONTRACTOR: By: Said Hilmy "f'itle: Principal Appendix ATTACHMENT 1. SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR Santa Ana Downtown Parking Structure Improvements RFP NO. 24-100A The City of Santa Ana is accepting proposals from qualified firms to provide design services for three Downtown Santa Ana Structures. Since being built in the 1980s, three of the city's parking Structures continue to operate in their original conditions. Therefore, a strong desire exists to modernize the facilities by upgrading signage, lighting, parking and structural deficiencies. Scope of work shall include, but is not limited to, preparation of construction plans and specifications, preparation of cost estimate, support during bid advertisement, and assistance during construction. Scope will also include coordination, reviews, permitting, and approvals from internal CSA agencies. Proposers must attend mandatory job walk, which shall be held at all three locations. • Fiesta Parking Structure (300 E. 5th Street, Santa Ana, CA 9270 1) • Garage C Parking Structure (310 Birch Street, Santa Ana, CA 92701) • Garage D Parking Structure (420 N Main Street, Santa Ana, Ca 9270 1) All of the parking structures need several modernization improvements, a generalized description for consideration are as follows: • As -built plans of all the parking structures. • Lighting Improvements — assess Current lighting fixtures and their efficiency. Add lighting to some signs and/or improve existing timers. • Signage Upgrades —evaluate existing signage for clarity, visibility and compliance with local regulations. • Parking Stall Enhancements — repaint parking stall lines and numbers. Replace missing or damaged wheel stops. • Remove unused fire hose boxes. • Re -stripe parking lanes and add "compact" sign for small parking spaces. • Painting and patching improvements to exterior and interior areas of need • Remove or repair pedestrian doors. • CASP report • Low cost landscape recommendations/improvements City of Santa Ana RFP 24-1 OOA Page Al-1 Alongside with the general improvernents listed above, Fiesta Parking Structure requires: • Improve neon light fixture 'Downtown Santa Ana" • Exterior and interior concrete patch work where needed • Option to color parking structure pillars to its' corresponding floor • Stair improvernents (add reflective grip and paint where needed) • Removal of unused planters, cabling and fencing • Design and install lighting along NE wall on Bush St for future murals • Elevator Modernization - evaluate condition and performance of an existing elevator in need of repair. Alongside with the general improvernents listed above, 5"' and Main Parking Structure requires: • Install of missing tension cables outside of exterior rails • Add lighting alongside N Main St below 'DTSA' sign for future Murals • Elevator Modernization - evaluate condition and performance of an existing elevator in need of repair. Alongside with the general improvements listed above, 3 rd and Birch Parking Structure requires: • Public parking sign replacement City of Santa Ana RFP 24-1 OOA Page A1-2 CONSULTANT SERVICES Consultant shall be responsible for the preparation and submittal of the PS&E package through completion with the approval from City to release for construction. This shall include, but not limited to, survey, geotechnical investigation, civil engineering, landscape, hardscape and irrigation design and electrical engineering. Any additional tasks deemed necessary by the Consultant shall beclearly identified inthe proposal. AL PROJECT COORDINATION. The consultant shall be fully responsible for overall management and coordination of the project, which may include but is not limited to, project development team meetings, liaison with affected agencies, community outreach and utility companies. |naddition, Consultant shall also prepare progress reports, schedule, secure permits for all field studies and any other required permits from other agencies. B. RECORDS RESEARCH. The consultant shall research all information pertinent to the project including, but not limited to, existing field condition, as -built plans and record drawings, right-mf-vvaydata and all future improvement plans adjacent tonraffecting the project site, The selected consultant shall identify all existing and proposed facilities within the projects limits and note any potential conflicts. C. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the conceptual design plan, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of site investigation. City staff shall be provided with final rendered conceptual site plan of the proposed park, final 3-D rendered conceptual exhibits, and a final schedule prior tothe consultant beginning work onthe PSQkEpackage. D. SITE PLAN REVIEW. For large projects, the consultant shall be prepared to submit the project to the Planning Department for Site Plan Review by the Design Review Committee at the 30% stage. Site Plan Review submittal requirements can be found onthe City nfSanta Ana vvebmiteat E. UTILITY COORDINATION. The Consultant shall beresponsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains. City of Santa Ana RFP 24-1 OOA PageA1-3 F. CIVIL ENGINEERING PLANS. The consultant shall beresponsible for the preparation of any civil engineering plans required for this project induding,butnut|imoitedto,the fn||ovxin@C Horizontal and Vertical Control plan, On -site Grading and Drainage plan, Site Utility Plan, and plans to include improvements in the public right'uf'vvay,asapplicable. G. LANDSCAPE AND IRRIGATION PLANS. The consultant shall beresponsible for the preparation ofany landscape architectural plans required for this project induding, but not limited to, the following; Site Layout/Construction Plans and Details including all architectural feature components identified in the introduction portion of this RFP, Site Sections (as applicable), and Planting and Irrigation (plans, Details, Notes, H. ARCHITECTURAL PLANS. The consultant shall be responsible for the preparation of any architectural plans required for this project including, but not limited to, Foundation Plan, Floor Plan, Framing Plan, Reflected Ceiling Plan, Door/Window/Hardware/Finish Schedules, Building Sections, Interior and Exterior Elevations, Architectural Detailing, Structural Engineering, ADACompliance. MECHANICAL/ELECTRICAL/PLUMBING (MEP) PLANS. The consultant shall be responsible forthe preparation of any MEP electrical plans required for this project including HVACsystenn, electrical site & floor plans, location of panels, amitchgear, meters, schedules, details, photometric analyses, and general notes. J. PERMITTING. The consultant shall be responsible for identifying and applying for any necessary permits. All permit requirements shall be included in the bid package for the project, as applicable. K. PLANS, SPECIFICATIONS AND ESTIMATES /PS&E\ o Development ofPlans, Specifications and Estimate (PS6tB): a) All reports, plans, specifications and quantity calculations shall conform tocriteria, policies, procedures and standards of the City. The Cuooukuot obul| use the boilerplate for cut sheets, specifications and estimates provided bvthe City. b) The p\mo development shall include three (3) milestone deliverables-- 0Y4, 60%, qU% (pre-final)and 100% (final). All plan sheets shall be prepared at a reasonable standard scale to be noted on plans. The ncocxyury plans for each PSJ&E package shall include, but are not be limited to: TmmkJ/ Preliminary design phase shall include Kick-off meeting with City Staff todiscuss scope oil'*nrk project goals and objectives, potential elements and issues, schedule. Task 2: Design Development (60% plans) Design development phase will involve development of plans based upon Task linformation and City of Santa Ana FZFP 24-1 OOA Deliverables from this task shall include a 60% set of plans, draft Outline specification and "Opinion of Probable Cost. Task 3: Construction Documents (90% and 100% plans) Construction Documents phase (CDs) shall include finalizing plans and specifications from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. Deliverables from this task shall include 90% and 100% plans, final technical specifications, and a finalized "Opinion of Probable Cost". Plans shall include, but are not limited to the following: * Title Sheet * Civil Engineering o Site Utility Plan * Landscape Architectural o Site Layout/Construction Plans And Details (including plumbing) o Site Sections, as applicable o Planting Plans/Details/Notes o Irrigation Plans/'Details/Calculations/Notes Architectural o Construction Plans o Signage Plans o Reflected Ceiling Plans o Mechanical and Plumbing Plans/T-24 o Electrical Plans, as applicable o Entire Building Floor Plan o Interior Elevations, as required o Building Sections, as required o Architectural Details, as required ADA Path of Travel design and/or signage Plan Mechanical Engineering & Plumbing Electrical Engineering o Single line diagram o Location of panels, switchgear, meters o Schedules o General Notes o Details Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. It is imperative that the consultant exercise care and completeness when implementing plan check comments, to keep project moving more as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures. Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their SUbconSUltants, to the City in CSI (Construction Specifications Institute) format. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual. City of Santa Ana RFP 24-1 OOA Page Al-5 Plan Check & Perinits: Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency. As a condition of plan check approval, plans, specifications and Structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate. Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they call be segregated cleanly for distribution to the various plan checking entities. The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Task 3: BNA&lertisement, Construction Administration, ReeordDrawingV: BiclAdvertisemeni Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by the Consultant for decision by the City. Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for info rmation/clarificati on, or conflicts arising Out of the bidding process. Consultant shall also attend pre -bid meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing Submittals. Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Consultant shall be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. Record Drawings ljs-built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City at•ch.ives. The Consultant shall prepare and deliver to the City the final as -built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field -marked prints to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City. City of Santa Ana RFP 24-1 OOA Page Al-6 Fee Proposal: In addition to (SUbmittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task 1: Design Development Task 2: Construction Documents Task 3: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total Project Files: Consultant shall provide review sets in pdf format. Final plans shall be provided in AUtOCAD or Microstation format CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Provision of available plans and existing documentation on file, • Provision of electronic design file with City title block and title sheet (24" x 36") • Provision of standard City boilerplate specifications. • Provide access to existing building, as requested by Consultant. • Furnish scope of work and provide general direction as needed for the assigned project. • All plan check coordination within the City • Facilitate meeting space and coordination and City facilities CONSULTANT RESPONSIBILITIES: - All work as described Linder Consultant Services (Section A-K), General Requirements and Payment & Invoicing. • Provide Bonds and Insurance as outlined in Attachment of this UP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoice City of Santa Ana RFP 24-1 OOA Page Al -7 (D Fee Proposal EXHIBIT B - FEE PROPOSAL vase a vas i °w 9 .AAIDSGROUP M / ♦Mourly Kate Principal $234 Associate Principal $220 Senior Project Manager I Associate $21 1 Senior Planner $21 1 QA/QC Manager $211 Registered Architect I Engineer $197 Project Manager $197 Senior Architect I Engineer $185 Senior Cost Estimator ....._.v,.., $175 Project Architect j Engineer $175 Senior Designer $170 _.._._. Design Architect j Engineer _............... ....... ......w.. $160 Specifications Writer $160 Engineering Designer (RIM) _. $139 Architectural Job Captain j Designer _....,_.r_. $132 CAD Drafting Engineer I Architect $1 18 Office Administration $73 Survey Manager $250 _ Project Surveyor _._._.._ $190 2-Man Survey Crew $350 1-Man Survey Crew $225 Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant's direct cost plus 5%. Rolmv EXHIBIT C - FEDERAL REGULATIONS HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5{a){1){ll) and the Davis -Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications. (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division ("Administrator"), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget ("OMB") under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or Its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) HUD-4010 (06/2022) Previous editions are obsolete, Page 1 of 5 ref. Handbook 1344.1 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(11)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (ill) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts. (3) Payrolls and basic records. Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classif[cation (s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(Iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports. (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. HUD-4010 (06/2022) Previous editions are obsolete, Page 2 of 5 ref. Handbook 1344,1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee If the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(1), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (a)(3)(H)(b). (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(11) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program far the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. HUD-4010 (06/2022) Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid In accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (II) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U,S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12, (8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (1) By entering into this Contract, the contractor certifies that neither It (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. HUD-4010 (06/2022) Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 (11) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001,1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or In any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) 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 the individual is employed on such work to work in excess of 40 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 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, 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 subparagraph B(1) of this paragraph, in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD-4010 (06/2022) Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1 EXHIBIT 1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed under this contract number by and between the City of Santa Aria, hereinafter referred to as "City" and hereinafter referred to as "Contractor', is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U,S,C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or RUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons, B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any; a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, .and will post copies of the notice. in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice, The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name .and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action:, upon a finding that the subcontractor is in violation of the .regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has beenfound in violation of the regulations in 24 CFR Part 135. B. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the. Contractor is selected but before the contract is executed, and (.2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not to circumvent the Contractor's obligations under 24 CFR part 135. F. Noncompliance with regulations in 24 CFR. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension frorn Riture I -IUD assisted projects. The Contractor by this signature affixed hereto declares under penalty of perjury: Contractor has read City requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. Signature of Contractor Print Name and Title Date Contractor License Number &c Designation Federal DUNS Number Federal labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are Included In this Contract pursuant to the provisions applicable to such Federal assistance. A, 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be pald unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account( except such payroll deductions as are permitted byr egulatlons issued by the Secretary of Labor under theC opeland Act (29 CFR Part 3). the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less thant hose contained in the wage determination of they ecretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship Which may be alleged to exist between the contractor and such laborers and mechanics_ Contr€butlons made or costs reasonably anticipated for bona fide fringe benefits under Section 11(b)(2) of the Davis -Bacon Act on behalf oft aborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFIR also, regular contributions made or costs incurred for more than a weekly perlof (but not less oftent han quarterly) under plans, funds, or programs, whiche over the particular weekly perlof, are deemed to b.ec onstructively made or Incurred during .such weekly perlof. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determinstlonf or the classification of work actually performed; withoutr egard to skill, except as provided in 29 CFR 5,5(a)(4). Laborers or mechanics performing work In more than one classification may be compensated at the rate speci:fled for each classtf€cat€o.n for the time actually worked thereln: Provided, That the employer's payroll records accurately set forth the time spent in each Classification in which work Is performed. The wage determination (including any additlonal classification and wage rates conformed under 29 CFR 5.5(a)(1){ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work In a prominent and accessible, place where It can be easily seen by the workers. (11) (a) Any class of laborers or mechanics which is notl isted in the wage determinatlon and which Is to be employed under the contract shall be classified In conformance. with the wage determination. HUD shall approve an additional classification and wage rate andf rings benefits therefor only when the following criteria have been :net: (1) The work to .be performed by the ciassifirationr equested Is not performed by a classification In the wage determination; and (2) The classification is utilized in the area by the construction Industry; and (3) The proposed wage rate, including any bona fidef ringe benefits., bears a reasonable. relationship to thew age rates contained in the wage determination. (h) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or Its designee agree on the classification and wage rate (including the arnau.nt designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Admfn.lstrator of the Wage and dour Division, Employment Standards Administration, U.S. Department of Labor, Washington., D.G. 20210. The Administrator, or an authorized representative, will approve, m.ofify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee .or will notify HUD or Its deslgnoo within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215 0140.) (:9) In the event the contractor., the laborers or mechanics to be employed in the clas:sificatlon or their representatives, and HUD or its designee do not agree ont he proposed classification and wage rate (inoluding the amount designated for fringe benefits, where appropriate)., HUD or Its designee shall refer the questions, in'cludingt he views of all interested parties and the recommendation of HUD or Its designee,, to the Administrator for determination. The Administrator, .or an authoriaedr epresentative, will issue a determination within 30 days ofr eccept and so advise HUD or Its designee or will notify HUD or Its designee within the 30-day period that additional time is necessary, (Approved by the Office of Management and Budget under OMB Control Number 1215-0140..) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs( 1)(.11)(b.) or (c) of this paragraph, shall be paid to all workers performing work In the classification under this contract from the first day an which work is performed In the classification. (ill) Whenever the min€mum wags rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-010 (0612000) Prevlous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated ort benefits under a plan or program, Provided, That the he actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request oft Contractors employing apprentices or trainees under he contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence Cher Bacon Act Have been met. The Secretary of tabor may .of egistration of apprenticeship programs and certification ofir require the contractor to set aside in a separate account ainee. programs, the registration of the apprentices andtr assets for the meeting of obligations under the plan or ainees, and the ratios and wage rates prescribed In the program. (Approved by the Office of Management and applicable programs. (Approved. by the Office of Budget under OMB Control Number 1215.0140.) Management and Budget under OMB .Control Numbers 2. Withholding. HUD or Its designee shall upon Its own 1.215-0140 and 1215-0017.) action or upon written request of an authorizedr (11) (a) The contractor shall submit weekly for each week[ epresentative of the Departmont of Labor withhold ore n which any contract work is performed a copy of all ause to be withheld from the contractor under thisc payrolls to HUD or Its designee if the agency Is a party to ontract or any other Federal contract with the same prime the contract, but If the agency is not such a party, the ontractor, or any other Federally -assisted contracts contractor will submit the payrolls to the applicant ubJect to Davis -Bacon prevailing. wage requiroments,w sponsor, or owner, as the case may be, for transmission to hich is hold by the same prime contractor so much of theac HUD or Its designee. The payrolls submitted shall sat out trued paymentsor advances .as may be considered accurately and completely all of the information requiredt necessary to pay laborers and mechanics, Including o be maintained under 29 CFR 5.5(a)(3)(I) except that fulls apprentices, trainees and helpers, employed by the octal security numbers and home addresses shall not bet contractor or any subcontractor the full amount of wagesr nc[uded on weekly transmittals. Instead the payrolls shall equired by the contract In the event of failure to pay amyl only need to Include an Individually Identifying number for aborer or mechanic, including any apprentice, trainee or each employee (e.g,, the last four digits of the amployee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its Information may be submitted In any form desired, designee may, after written notice to the contractor, Optional Form WH-347 is avallable for this purpose fromt sponsor, applicant, or owner, take such action as may be he Wage and Hour Division Web site at necessary to cause the suspension of any further h ;d/www. .at. o.vlesalwehdlf r slwh347t str,htm or iiss payment, advance, or guarantee of funds until such uccessor site, The prime contractor Is responsible fart violations have ceased, HUD or Its designee may, after he submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withhold for and on account of the contractor or social security number and current address of each subcontractor to the respectiveemployees to whom they covered worker, and shall provide them upon request to are due, The Comptroilor General shall make such HUD or Its designee if the agency is a party to the disbursements in the case of direct Davis -Bacon Act contract, but if the agency Is not such a party, the contracts. contractor will submit the payrolls to the applicant. 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work. preserved for a Dlvlslon of the Department of Labor for purposes of ant porlof of three years thereafter for all laborers and nves.tigatton or audit of compliance with prevailing wager mechanics working at the site of the work, Such records equirements, It 1s not a violation of this subparagraph fora shall contain the name, address, and social security prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for Its own records, without weekly zubmissiont of contributions or costs anticipated for bona fide fringe o HUD or Its designee. (Approved by the Office of benefits or cash equivalents thereof of the types describodl Management and Budget under OMB Control Number in Section I(b)(2)(B) of the D:avls-baoon Act), daily andw 1215-ol4g,) oekly number of hours worked, deductions made andac (b) B.ach payroll submitted shall be accompanied by a tual wages paid. Whenever 1he Secretary of Labor hasf "Statement of Compliance," signed by the contractor or ound under 29 CFR 5,5 (a)(1)(iv) that the. wages of anyl subcontractor or his or her agent who pays or supervlsest aborer or mechanic include the amount of any costs r he payment of the persons employed under the contract easonabiy anticipated in providing benefits under a plan and shall cartlfy the following' or program described in Section l(b)(2)(13) of the Davis- (1) That the payroll for the payroll periof contains thei Bacon Act, the contractor shall maintain records which nformation required to be provided under 29 CFR 5.5( show that the commitment to provide such benefits is a)(3)(ii), the appropriate Information is being maintained enforceable, that the plan or program is financially responsible, and that the plan has been under 29 CFR 5.5(a)(3)(fj, and that such information is or program correct and complete; Previous editions are obsolete form HUD-4010 (0612009 Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, .and trainee) employed on the contract duringt he payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, andt hat no deductions have been made either directly orl ndtrectly from the full wages earned, other than permissible daductio.ns as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified In tha applicable wage determinationf ncorporaled into the contract, (c) The weekly submission of a properly executed certification set forth on the reverse side of Optlonai Form WH-347 shall satisfy the requirement for submission or the" Statement of Compliance" required by su.bparagraphA .3.(ii)(b). (d) The falsifloation of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 23.1 of Title 31 of the United States Cofe. (111) The contractor or subcontractor shall make Cher ecords required under subparagraph A.3.(i) available for] nspectlon, copying, or transcription by avthorizedr epresentatives of [IUD or Its designee or the Department. of Labor, and shall permit such representatives to Interview employees during working hours on the job. If the contractor or subcontractor fails to submit the requlredr ecords or to make them available, HUD or Its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit ther equired records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.1.2, 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work atl ess than the predetermined rate for the. work they performed when they are employed pursuant to and€ ndividualiy registered In a bona fide apprenticeship program reglstared with the U.S Department of Labor, Employment and Training Adminlstratl.on, Off€.ce of Apprenticeship Training, Employer and Labor $ervl.ces, or with a State Apprenticeship Agency recognized by the Office, or if a person Is employed In his or her first go days of probationary employment as an apprentice In such an apprenticeship program, who is not individuallyr egistered I.n. the program, but who has been certified byt he Office of Apprenticeshlp Training, Employer and Labors ervices or a State Apprenticeship Agency (where appropriate) to be elig€hle for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor ast o the entire work force under the registered program. Anyw orker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work ont he job site in excess of the ratio permitted .under ther egistered program shall be paid not less than the applicable wage rate on the wage determination for the work. actually performed. Where a contractor Is performing construction on a project In a locality other than that In which Its program Is registered, the ratios and wage rates( expressed In percentages of the journeyman's hourlyr ate) specified in the contractor's or subcontractor's r egistered program shall be observed. Every apprentice must be paid at not less than the rate specified In ther egistered program for the apprentice's level of progress, e xpressed as a percentage of the Journeymen hourly rates pecifled In the applicable wage determination.A pprenti'ces shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a. different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognlzed by the Office, withdraws .approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (li) Trainees. Except as ,provided In 29 CPR 6,16,t rainees will not be permitted to work at less than the predetermined rate for the work performed unless they are iempioyed pursuant ',to and Individually registered In a program which has received prior approval, evldonced byf crmal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio oft ralnees to journeymen on the job site shall not be greatert han permitted under the plan approved by the Employment and Training Administration. Every trainee Must be paid at not less than the rate specified In the approved program for the trainee's level of progress, expressed as a percentageof the journeyman hourly rate spocified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the. trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage: rate .on the wage determination which provides €orl ess than full fringe benefits for apprentices. Any employee listed. on the payroll at a trainee rate who is notr egistered and participating In a training plan approved by Previous editions are obsolete form HUt? 401i) (.06f20g9) Page 3 of 5 ref. Handbook.1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site In excess oft he ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less thant he applicable predetermined rate for the work performed until an acceptable program Is approved. (111) Equal employment opportunity. The utilization of apprentices, trainees and Journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 11246. as amended, and 29 CFR Part 30, S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in. this contract 6. Subcontracts. The contractor or subcontractor will Insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate Instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to Include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for the. compliance by any subcontractor or cower tier subcontractor with all the contract clauses in this paragraph, 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds fort ermination of the contract and for debarment as a c ontractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Belated Act Requirements. All rulings and inferpretati.nns of the Davis -Bacon and Related Acta contained In 29 CFR Parts 1, a, and 5 are herein incorporated by reference In this contract S. Disputes concerning Labor standards. Disputes arising out of the labor .sta.ndards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordahoe with the procedures of the Department of Labor set forth In 29 CFR Parts 5, tl, and 7. Disputes within the meaning of this clause Include disputes betweent he contractor (or any of Its subcontractors) and HUD orit s designee, the U.S, Department of Labor, or the employees or their repre.sentafives, 10. (1) Certification of Eligibility. By entering Into this contract the contractor certifies that neither It (nor he or she) nor any person or firm who has an Interest in the contractor's firm 1s a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) oft he Davis -Bacon act or 29 C:FR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24, (li) No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of Section 3(a.) of the Davis -Bacon Act or 29 CFR 5,12(a)(1) or to be awarded HUD contracts or p.artiolpate In HUD programs pursuant to 24 CFR Part 24. (111) The penalty for making false statements Is prescribed€ n the U.S, Criminal Core, 18 U,S.C, 1001, Addlt€onaily, U .S. Criminal Core, Section 1 01 0, Title 18, U,S,C.,"F ederal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . , influencing In any way the action of such Administratlom.... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or Imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other Labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated agalnst by the. Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be Instituted any proceeding or has testified or Is about to testify In any proceeding under or relating to the labor standards applicable under this Contract to his employer.. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where .the amount of the prime contract exceeds $100,000. As used in this. paragraph, the terms "laborers"and"mechanics"Include watchmen and guards. (1) 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 the Individual Is employed on such work to work In excess of 40 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 40 hours In such workweek. (2) Violation; Ilabi.lity for unpaid wages; liquidated damages. In the event of any violation of the clause setf orth In subparagraph (1) of this paragraph, the contractor 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 D.Istrict or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual] aborer or mechanic, Including watchmen and guards, employed In violation of the clause set forth In subparagraph (1) of this paragraph, 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 40 hours Wthout payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous edltlons are obsolete form HUD-4010 (0612009) Page 4 of 5 ref, Handbook 1344,1 (3) Withholding for unpaid wages and liquidated damages.. HUD or Its deslgnee shall upon its own action or upon written request of an authorized representative oft he Department of Labor withhold or cause to be wilhhold,fr om any moneys payable c.n account of work performed byt he contractor or subcontractor under.any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and .Safety Standards Act which is held by the same prlme contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages andl. Iquidated damages as provided in the clause set forth Ins ubparagraph (2) of this paragraph. (4) Subcontracts, The contractor or subcontractor shallt nsert In any subcontracts the clauses set forth in s ubparagraph (1) through (4) of this .paragraph and ajso a c lause requiring the subcontractors to include these cl auses In any lower tier subcontracts. The primec ontractor shall be responsible for compliance by anys ubcontraelor or lower tier subcontractor with the clausess et forth in subparagraphs (1) thro.ugh (4) of this paragraph, G. Health and Safety. The provlsfons of this paragraph C are applicable where the amount of the prime contract exceeds $100,000, (1) No laborer or mechanic shall be required to work In surroundings or under workld.g conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standard's promulgated by the Secretary of Labor b.yr egulation. (2.) The Contractor shall comply with all reg:ulationsl ssued by .the'Secrotary of Labor pursuant to Title 29 Part 1926 .and failure to comply may result In Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Publlc Law 91-64, 83 Stat 06). 40_ USC 3701 of sea. (3) The contractor shall include the provisions of this paragrap.h In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010 (0612009) Page 5 of 5 ref. Handbook 13441 .ate Vic' CERTIFICATE OF LIABILITY INSURANCE ATE(MMIDD/YYYY) r 2/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 CONTACT NAME- Sherry Young _ PHONE FAX Ext): 949-242 923% E--M AILIle. E-M _ADDRESS. sVOunisk-strategles.com INSURERS) AFFORDING COVERAGE NAIC # wwW.risk-strategies,com CA DOI License No. OF06675 ......."" _"... INSURER A: Travelers Prq arty Casualty CD of America 25674 INSURED n c.o 1 Peters 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 INSURER B : Travelers Indemnity Co of Connecticut - - 25682 INSURER Hartford Casualt Insurance Company _.----y 29424 INSURERD: Arch Insurance. Company - 11150 INSURER E : INSURER F :.._-- COVERAGES CERTIFICATE NUMBER: a,i4g1nar, Rr-Vlfilnm NIIMI2CR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH -THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR" LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MM DDIMY MMIDDIYYYY LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ �/ 6809H717919 5/1/2024 5/1/2025 EACH OCCURRENCE $2000000 CLAIMS -MADE MOCCUR DA A ENT'D PREMISES Ea occurrence $ 1 000 MED EXP (Any one person) ,000 $ 1 Q 000 -------- ----- PERSONAL &. ADV INJURY $ 2 000 000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE_ _ $ 4,000,000 POLICY ] JEO LOC PRODUCTS - COMP/OP AGO $ 4 000 000 _.. $ -- OTHER B AUTOMOBILE LIABILITY ✓ ✓ BA7R248947 5/1/2024 5/1/2025 COMBINED SINGLE. LIMIT JEa accident} $ 1 000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS -- BODILY INJURY (Per accident) S HIRED NUN -OWNED AUTOS ONLY ✓ AUTOS ONLY ✓ PRUPERTY DAMAGE accident} $ "-(Par A ✓ UMBRELLA LIAB ✓_LIAB OCCUR CUP71<299343 5/1/2024 5/1/2025 EACH OCCURRENCE $g pOQ QpQ AGGREGATE $ 9,000,000 EXCESS CLAIM,SWADE DED I ✓ REiENTION$0 $ C WORKERS COMPENSATION / 72WEGAX2CTE 5/1/2024 5/1/2025 ✓ IP STATUTE ERH AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A _. E.L. DISEASE - EA EMPLOYEE .."."_ $ OQg,g (Mandatory in NH) �SC describe under E.L. DISEASE - POLICY LIMIT $ 1 000 000 D SCRIPT OF OPERATIONS below D Professional Liability ✓ PAAEP0162701 11/12/2024 11/12/2025 Per Claim: $3,000,000 Aggregate: $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Effective 02/14/2025; as respects the Professional Liability policy, a specific additional limit of $0 per claim & $1,000,000 aggregate applies to the Architectural Services Santa Ana Downtown Parking Lot Structures Improvements project. City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers are named as additional insureds and primary/non-contributory clause applies to the general and auto liability policies and a waiver of subrogation in favor of the additional insureds applies to the general, auto, work comp and professional liability policies, 30-day notice for non -renewal and cancellation, 10-day notice for non -pay applies. Professional Liability Ded: $35,000 per claim. D[9irany,.g+ dnyTUTr TLITran �9 +Yen Nguyen w2025.02.1B14J122 CERTIFICATE HOLDER CANCELLATION Bar Tu Tran Niguyen at : b Fob 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks, Fleet & Facilities Services ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza M-11 Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE" RSC Insurance Brokerage U 1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 939817%5 I 24 2�, tAL A kTL-M" PL I Sherry Y.unq 1 2/_8120 t2: 35:48" Elm (PST) € P-le 1 nC 1,0 Insured: IDS Croup, Inc. Policy No.: 6809H717919 COMMERCIAL GENERAL LIABILITY Effective Date:51112024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring Insurance" to include as an additional Insured on this Coverage Part, but: a. Only with respect to liability for "bodily Injury", "property damage" or"personal injury'; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of YOU or yoursubcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the Independent acts or omissions of such person or organization; or d. For "bodily injury" "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown In the Declarations exceed the limits of liability required by the 'Written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not Increase the limits of insurance described In Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by „your work" and included In the "products - completed operations hazard" unless the 'Written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the and of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION 1V -- COMMERCIAL_ GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring Insurance" that this insurance provided to the additional insured underthis Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other Insurance, provided that: (1 ) The "bodily Injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 �P 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 83981085 1 24-25 rL-AL-UL-WC-PL I Sherry Young 1 2/18/2025 12:35A7 PM {PST) I Page 2 of 10 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL. GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done ender a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury' offense Is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period, Page 2 of 2 0 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc„ with its permission CG D3 81 09 15 83901085 1 24-25 1 Sherry Young 1 2/18/2025 12:35:97 PM (PST) I Page 3 of 10 POLICY NO.:eA7R248s47 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extont of that person's or organization's liability for the conduct of another "Insured". 2. The following is added to Paragraph B.5,, Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 08 17 O 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc, with its permission. 83981085 1 24-25 GL-AT-UL-WC-PL J Sherry Young 1 2/18/2025 12:35:47 PM (PST) J Page 4 of 10 IDS Group, Inc. BA7R248947 5/1/2024 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However. coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage fart, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general cover- age description only, Limitations and exclusions may apply to these coverages, Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and Is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITER WORLDWIDE COV. E»RAGE -a INDEMNITY BASIS 0. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A,1., Who Is An Insured, of SECTION II -- COVERED AUTOS LIABILITY COVERAGE;: Any organization you newly acquire or form dur Ing the policy period over which you maintain 50% or more ownership Interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 100th day after you acquire or form the or- ganization or the end of the policy period, which- ever Is andler. B, BLANKET ADDITIONAL INSURED The following Is added to Paragraph c. In AA., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the "bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional Insured Is an "Insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE: — INCREASED LIMIT 1. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this Insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An insured provision contained In section 11. C. EMPLOYEE HIRED AUTO 1, The following Is added to Paragraph A.1., Who Is An Insured, of SECTION It — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours Is an "insured" while operating an "auto" hired or rented under a contract or agreement In an "employee's" name, with your permission, while performing duties related to the conduct of your bull- ness. 2. The following replaces Paragraph b, In B,6., Other Insurance, of SECTION 1V — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you tease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 63 021 to 02015 The Travelers Indetnnlly company. All rights reserved. Page i of 4 Includes copyrighted mateflal of Insurance $ervlces office, Ino, with Its permisaron. 83901005 1 24-25 CL-AL-UL-WC-PL I Sherry Young 1 2/19/2025 12;35:97 PM (PST) I page 5 of 10 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver Is not a Rico and Canada; covered "auto", (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set. The following Is added to paragraph A.1., Who Is Ile any such claim or "suit" and keep An Insured, of SECTION II — COVERED AUTOS us advised of all proceedings and ac. LIABILITY COVERAGE; lions. Any "employee" of yours Is an "insured" while us- (ll) Neither you nor any other Involved Ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement In your business or your personal affairs, without our consent, E. SUPPLEMENTARY PAYMENTS — INCREASED (Ili) We may, at our discretion, participate LIMITS In defending the "insured" against, or 1. The following replaces Paragraph A.2.a./2 p ( }I in the settlement of, any claim or "SUIt'l. of SECTION 11-- COVERED AUTOS LIABIL- ITY COVERAGE: (Iv) We will reimburse the "Insured" for (2) Up to $3,000 for cost of ball bonds (in- sums that the "insured" legally must pay as damages because of "bodily cluding bonds for related traffic law viola. tions) required because of an "accident" Injury" or "property damage" to which we cover. We do not have to furnish this Insurance applies, that the "in. sured" pays with our consent, but these bonds, only up to the limit describod In Para- 2. The following replaces Paragraph A,2.a.(4), , graph C., Limits Of Insurance, of of SECTION 11 — COHERED AUTOS LIABIL- SECTION It -- COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE, (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, Including actual the reasonable expenses Incurred loss of earnings up to $500 a day be- with our consent for your Investiga- cause of time off from work. lion of such claims and your defense P. HIRED AUTO -» LIMITED WORLDWIDE COV- of the "Insured" against any such ERAGE — INDEMNITY BASIS "suit", but only up to and Included The following replaces Subparagraph (6) In Para- within the limit described in Para- graph C., Limits Of Insurance, of graph 8.7., Polley period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- 1l --RAGE,COVERED AUTOS TtONS; LIABILITY LIAB1LtTY COVERAGE, and not In ($) ,Anywhere In the world, except any country or addition to such limit. Our duty to make such payments ends when we Jurisdiction while any trade sanction, am- have used up the applicable limit of baWo, or similar regulation Imposed by the Insurance In payments for damages, United States of America applies to and pro- settlements or defense expenses. hiblis the transaction of business with or within such country or jurisdiction, for Cov- (b) This Insurance Is excess over any valid ered Autos Liabllity Coverage for any covered "auto" and collectible other Insurance available to the "Insured' whether primary, excess, that you lease, hire, rent or borrow without a driver for a period of 30 days or less contingent or on any other basis. and that is not an "auto" you lease, hire, rant (c} This Insurance Is not a substitute for re- ar borrow from any of your "employees", qulred or compulsory insurance In any partners (If you ere a partnership), members country outside the United Slates, its ter - (if you are a limited liability company) or Modes and possessions, Puerto Rica and members of their households. Canada, Page 2 of 4 02015 The Travelers Indemnity Company. All rights reserved, CA T3 53 021 G Includes capyriphled material of Insurance services ornoe, rno, with its permission. $3981085 1 24-25 GL-AL-UL-WC-PL I Sherry Young 1 2/18/2025 12:35:47 PM IPS'fI Page 6 of 16 You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you compiled with the compulsory in- surance requirements. (d) It Is understood that we are not an admit- ted or authorized Insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the fum(shing of certificates of Insurance, or for compliance in any way with the laws of other countries relating to Insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following Is added to paragraph D., Deducti- ble, of SECTION ill -y PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" wllf apply to glass damage If the glass Is repalred rather than replaced, H. MIRED AUTO PHYSICAL DAMAGE •- LOSS OF USE — INCREASED LIMIT The following replaces the fast sentence of para- graph A,4.b., Loss Of use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE, - However, the most we Wil pay for any expenses for loss of use Is $65 per day, to a maximum of W50 for any one "accident". 1. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES -- INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a,, Transportation Expenses, of SECTION Ill — PHYSICAL DAMAGE COVER- AGE: We' will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following Is added to Paragraph A4, Cover. age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "Insured"; and COMMERCIAL AUTO (2) In or on your covered "auto", This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this personal Property coverage. K. AIRBAGS The following Is added to Paragraph 8.3., Exclu. sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.9, does not apply to "loss" to one or more airbags in a covered "auto" you own that In. flate due to a cause other than a cause of "loss" set forth In paragraphs A.1.b. and AJ.c., but only: a. If that "auto" Is a covered "auto" for Compre. hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The alrbags were not Intentionally Inflated, We will pay up to a maximum of $1,000 for any one "loss", L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -, BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized represd'nta- live prompt notice of the "accident" or "loss" ap- plies only when the "acoident" or "loss" Is known to: (a) You (If you are an Individual); (b) A partner of you are a partnership); (c) A member (if you are a limited liability com• pany); (d) An executive officer, director or Insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.G., Transfer Of Rights Of recovery Against Others To Us, Of SECTION IV — BUSINESS AUTO CONDI- TIONS: 6. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" OF "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 63 0215 0 2015 The Travelers Indemnlay Company. All rtghis resorved. Page 3 of 4 Inolades copyrighted material of Insurance services oitiae, 100. with He permission, 83481085 1 24-25 GL-AL-UL-WC-PL I Sherry Young 1 2/18/2025 12:35;47 PM (PST) I Page 7 of 10 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated In such error In, an information given b contract. y g y You shall not N. UNINTENTIONAL Rf2DRS OR OMISSIONS prejudice your ever this provision hdoes not affectts undor this Insurance. our right co The following Is added to paragraph 13.2., Con- lest additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal, SECTION IV — BUSINESS AUTO CONDITIONS., Pago 4 of 4 001The Travelers Indemnfly Company. All rights reserved. CA T3 83 o2 is lmlud0s copyrighted material of insurance services orrico, )no, with Its permission. 83981095 1 24-25 GL-AL-OL-WC-PL f Sherry Young 1 2/18/2025 12:35i47 PM (PST) I Pale 9 of 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEG AX2CTE Endorsement Number: Effective Date: 05/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: IDS Group, Inc. 1 PETERS CANYON RD STE 140 IRVINE CA 92606 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us n-c , Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 03/21/24 Policy Expiration Date: 05/01/25 839GIO85 1 29-25 GL-AL-UL-WC-PL I Sherry Young 1 2/18/2025 12:35:47 PM (PST) I Page 9 of 10 POLICY NO.: PAAEP0162701 17. SUBROGATION In the event of any Claire under this Policy, the Insurer shall be subrogated to all of the Insured's rights of recovery against any person or entity, and the Insured shall execute and deliver to the Insurer any and all necessary documentation, instruments and records and do whatever else is necessary to secure and enforce such rights. The Insured shall take no action after such Claire is made against it which prejudices such rights of insurer. 'The Insurer agrees to waive their rights of recovery against any client of the Named Insured for a Claim to the extent the Named Insured had, prior to such Claim, a written agreement to waive such rights. 18. ASSIGNMENT No assignment or transfer of any Insured's rights under this Policy shall bind: the Insurer. If an Insured shall die or be adjudged incompetent, such Insurance shall cover that Insured's legal representative as an Insured as would be permitted by this Policy. `19. MERGERS AND ACQUISITIONS A. Takeover of Named Insured If, during the Policy Period: 1. any person or entity or group of persons or entities acting in concert acquires securities resulting In ownership by such person(s) or entlty(ies) of more than 50% of the outstanding securities representing the present right to vote for the election of directors or equivalent positions of the Named Insured, or 2, the Named Insured merges into or consolidates with another organization such that the Named Insured is not the surviving organization, then coverage under this Policy shall oontinue but only for any, otherwise covered, negligent act, error or omission In rendering or failing to render Professional Services, Contracting Services, Technology Services or Media Activities occurring before such transaction. No coverage under this Policy will be available after such transaction unless otherwise specifically endorsed by the Insurer. Upon such transaction, the entire premium for this Policy will be deemed fully earned. The Insureds will also give the Insurer written notice of such transaction as soon as practicable, but not later than 90 days after the effective date of such transaction. B. Acquisition or Creation of New Subsidiary If, during the Policy Period, any Insured acquires, creates or merges with another organization such that the Insured is the surviving entity, then: f . such newly acquired, created or merged organization shall be covered under this Policy after the effective date of such transaction; and 2. the Insureds will also give the Insurer written notice of such transaction as soon as practicable, but not later than 90 days after the effective date of such transaction. If the revenue of such newly acquired, created or merged organization exceeds 10% of the Named Insured's revenue for the most recently completed past 12 months, as set forth In their most recent application for Insurance, then: 05 AEP0055 00 05 15 83981005 1 24-25 GL-AL-UL-WC-PL I Sherry Young 1 2/18/2025 12:35:47 PM (PST) I Page 10 of 10 Page 19 of 21