Agenda Item A.11
CPMS CONSENT CALENDAR
Meeting Date: June 3, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Matthew R. Fore, General Services Director SUBJECT: Award of Design Agreement for the Goleta Community Center Skylight Replacement Project
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with 19six Architects for the provision of architectural and engineering (AE) services in support of the Goleta Community Center Dining Room Skylight Replacement Project for the not- to-exceed amount of $60,925, for a term ending December 31, 2026.
BACKGROUND:
On January 23, 2023, Council approved a Professional Services Agreement (PSA) with Bureau Veritas to conduct Facility Condition Assessments (FCAs) for multiple City sites, including the Goleta Community Center (GCC). On February 16, 2024 , Bureau Veritas issued the report for the GCC which indicated that the dining room roof skylight was in poor condition and recommended replacement. As a follow up, Staff recommended additional studies for structural analysis of several facility components, including the skylight assembly. On April 23, 2024, Council approved a PSA with Holmes US to conduct a structural engineering assessment of the GCC. The Holmes assessment recommended that the City either repair in place, replace, or remove and infill the skylight.
DISCUSSION:
The barrel roof that enclosed the dining room was constructed in approximately 1970 and included the skylight. In recent history, the skylight has fallen into disrepair and is currently covered by tarps secured by sandbags due to chronic leaks experienced during rain events. The glass of the skylight was painted over many years ago, and the interior shade system is inoperable. Based on age and condition, Staff recommends replacement of the skylight and sun shade system.
Procurement Process
On January 24, 2025, the City issued a Request for Proposals (RFP) for Design Services for a Skylight Replacement at the Goleta Community Center . The RFP opportunity was advertised on the City’s PlanetBids portal, on the City’s website, and in the Santa Barbara Independent. One addendum was issued.
1 Meeting Date: June 3, 2025
Two (2) responsive and responsible proposals were received; p roposals were opened virtually on PlanetBids on March 7, 2025. An evaluation team comprised of City Staff scored the written proposals based upon the established scoring rubric.
Recommended Award
The evaluation team ranked 19six Architects (19six) as the proposer best able to fulfill the obligations set forth in the RFP. 19six b rings 100+ years of experience providing architectural and engineering design se rvices to both private and public organizations , including local government.
Next Steps
While the skylight is not a historic element of the GCC, Staff will work with 19six to create a replacement design that maintains the historical character of the facility and enhances the dining room space. Design is estimated to take approximately six months, with a target date for bidding in early 2026. Construction will commence after the rainy season in mid- 2026.
FISCAL IMPACTS:
The cost of AE services to be provided by 19six pursuant to its RFP proposal is $60,925.
Staff recommends that Council authorize the City Manager to issue a purchase order for a not-to-exceed amount of $60,925, which includes a contingency of $5,000 to be used for additional AE services that may be requir ed to complete the design, permitting, bidding, and construction support for the Project.
This project is funded by Community Development Block Grant funding. Sufficient budget exists in CIP No. 9127 (G/L 402-90-9127-57070) to cover the cost of design services.
Therefore, no additional appropriations are requested as part of this Council item.
ALTERNATIVES:
The Council may elect not to award the Agreement to 19six and direct Staff to negotiate with another responsive vendor. However, doing so would del ay assembly of design documents, permitting submittals, bidding tasks, and construction on the GCC Skylight Replacement Project.
LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENT:
1. Professional Services Agreement with 19six Architects 2 ATTACHMENT 1
Professional Services Design Agreement with 19six Architects
3 City of Goleta
General Services Department and 19six Architects
Project Name: Skylight Replacement Design for the Goleta Community Center Campus
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
BETWEEN THE CITY OF GOLETA
AND
19SIX ARCHITECTS
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______ , 2025, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as " CITY"), an d 19SIX ARCHITECTS , a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional design services to replace the dining room skylight system at the Goleta Community Center campus; and
2. The CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260; and
4. The City Manager approved this AGREEMENT pursuant to Goleta Municipal Code section 3.05.070.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.
CONSULTANT warrants it has the qualifications , experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Design Services in conjunction with the Goleta Community Center Skylight Re placement shall generally include the design of a replacement sk ylight system for the dining room as Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 4 City of Goleta
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more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $60,925, comprised of: 1) a base amount of $47,950; 2) add Alternate Services totaling $7,975 as described in Exhibit B; and 3) compensation for Extra Services in the amount of $ 5,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 202 6, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager , as described in Section 5 .
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTA NT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement . Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
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5. CITY PROJECT MANAGER AND SERVICES BY CITY
The serv ices to be performed by CONSULTANT shall be accom plished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Patrick Zuroske, General Services Dep artment. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of t his AGREEMENT is from the date first written abov e to December 31, 2026, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager. All services shall be completed within the Preliminary Project design Schedule presented in Exhibit “D”.
7. OWNERSHIP OF DOCUMENTS
All draw ings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of t hese services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising ou t of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Luis De La Torre is deemed to be specially experienced and is a key member of CONSULTANT' s firm and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
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9. HOLD HARMLESS AND INDEMNITY
(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmle ss CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, excep t for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense , provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A - or better, Class VII or better, or as otherwise approved by CITY.
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Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering A utomobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with t his agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 20 04, or its equivalent. Additional insured statu s for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability. Co verage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 8 City of Goleta
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through a period of no less than three years after completion of the services required by this agreement.
d) Except for professional liability insurance, l iability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CITY.
Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage prov ided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or age nts, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within f ifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay pr emium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
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11. RELATIONSHIP OF CONSULTANT TO CITY
The relationsh ip of the CONSULTANT to CITY shall be that of an independent contractor and that in no event sh all CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, with holding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be di sclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the fin al payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or p ayment by CITY shall not constitute, nor be deemed, a release of the responsibility and liabili ty of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor sh all such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
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15. AUDIT OF RECORDS
At any time during n ormal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or r eproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a part y to take any action with respect to such default or breach. No express written waiver of a sp ecified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time spe cified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unawar e of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or again st any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.
Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
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19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should lit igation occur, venue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
The City reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including haras sment, in the conduct of City business. No discrimination or discriminatory practice shall occu r in either employment of persons for, or completion of, the work contemplated by this Agreement, when such discrimination is based on race, color, national orig in, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexu al orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.
Among other possible violations of law, a violation of this section exposes CONSULTANT to the penalties provided for in Labor Code Section 1735.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W -9 (Rev. October 2018 ), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, une xhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
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24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and a ll other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, s uccessors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
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31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Rosa Alvarado, Vice President / Principal-In-Charge
19six Architects
802 East Cota Street, Suite A
Santa Barbara, CA 93103
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be ex ecuted in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original and together constitutes one and the same instrument.
33. FEDERAL REQUIREMENTS
FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant shall comply with all federal requirements includ ing, but not limited to, the following:
1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, whi ch is expressly incorporated herein by reference.
2. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R.
Part 200 and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
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In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA 19SIX ARCHITECTS
_____________________________ _____________________________ Robert Nisbet, City Manager Rosa Alvarado, Vice President
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk John Ornellas, Finance Director
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
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EXHIBIT A
SCOPE OF WORK
1.0 PROJECT DESCRIPTION
Replace (1) existing skylight system at the 1970’s Goleta Community Center (GCC) Building, Dining Room. The scope of work for the project includes, but is not limited to, the following:
Design services, from concept through construction do cuments, for the replacement of one (1) skylight of approximate size noted as 46’ x 10’ located at the dining room roof of the GCC.
Provide the required detailing to tie back into the existing roofing system for watertight installation.
Design of a shade screen system for the skylight that can mitigate or control light migration into the dining room.
Assist the City on the selection of type and configuration of this system and support its installation and operation.
Assistance with securing approvals as required for permits through the City’s Planning and Building Department.
Supporting the City through the bidding process.
Support the City throughout the construction phase of the project, including addressing RFIs, change order review and comment, and periodic site inspections.
Support the City in the Close -Out process with review of final OEM manuals, warranties, etc., as received from the GC. Including final as-built drawings at the completion of construction in ACAD and PDF format.
2.0 SCOPE OF SERVICES
Services shall include professional architectural, structural, mechanical and electrical services. The 19six project team will consist of the following professional engineers:
Structural Engineer 19six Structural Engineers Jeffrey Haight, S.E.
Mechanical Engineer (Title 24 only) MEC Mechanical Angelika Von Roos, P.E.
Electrical Engineer ANE Electrical Engineers Alan Noelle, P.E.
Cost Estimator HLCM, inc. Jay Helekar
2.1 Pre-Design/Conceptual/Schematic Design
2.1.1 Attend one (1) project kick -off m eeting with the City to introduce team members, to discuss project schedule and review scope of work and available data. The project kick-off meeting shall be held within ten (10) calendar days of the notice to proceed (NTP).
2.1.2 Review of materials testing r eport as performed by qualified testing agency, review of recommendations with Owner, prior to the start of construction, assist Owner in the selection of a mitigation contractor.
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load capacity of a mechanical sunshade system.
2.1.4 Prepare a Conceptual Design for the replacement skylight that addresses the scope of work. Assume three (3) client meetings during the preliminary design phase. The City must provide written approval of the Concept Design prior to moving into the Schematic Design phase.
2.1.5 Prepare Schematic plan for City review and approval.
2.2 Design Development
2.2.1 Upon the City’s written approval of the Schematic level plans, prepare the Design Development documents and outline technical specifications.
2.2.2 Attend two (2) client review meetings during the Design Development phase.
2.2.3 Completed D esign Development documents will be reviewed and approved prior to commencing with final Construction Documents.
2.2.4 Included in Design Development documents shall be all trades necessary to meet current code requirements and regulations.
2.2.5 Assist City staff in the presentation of final design to various City Boards and Commissions. Attend up to two (2) Board/Commission me etings during the Design Development phase. Prepare presentation materials including but not limited to PowerPoint Slides, and Display Boards.
2.3 Construction Documents
2.3.1 Upon the City’s written approval of the Design Development documents, provide technical specifications for all architectural and engineering disciplines as applicable to the project scope.
2.3.2 Provide drawings, specifications, and cost estimates for review at the 50% and 90% completion phase, electronic file format.
2.3.3 The Construction D ocuments will include all information, data, drawings and specifications necessary to meet all current codes and regulations and receive Building Department approval.
2.3.4 The consultant will make any and all permits required “ready to issue” including the City Building Permit. Permits will be paid for and pulled by others.
2.3.5 Submit 95% construction drawings and specifications to City Building Department for permit review.
2.3.6 Provide design support and modifications to 95% construction drawings and specifications as directed by City staff during the drawing review process. A 95% construction review meeting will be dependent upon the number and complexity of review comments from City staff.
2.3.7 The consultant shall provide additional drawing submissions as required during the permit review process.
2.3.8 Provide 100% design complete construction drawings and technical specifications for construction contractors to bid and execute. Provide four (4) copies of 100% construction drawings on Architectural D sized paper and three (3) c opies on minimum of 11x17 inch paper. Provide two (2) copies of specifications. Provide one (1) electronic copy of drawings Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 17 City of Goleta
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and specifications in both ACAD and PDF.
2.4 City of Goleta Coordination and Approval
2.4.1 Provide complete construction documents for permi tting by the City of Goleta’s Planning and Environmental Review Department.
2.4.2 Provide complete plan check corrections and clarifications.
2.4.3 Coordination with City staff and permitting agencies as required for the City to obtain the necessary approvals for obtaining the required permits (including the completion of required permitting forms).
2.4.4 The City will be responsible for the submiss ion of the permit application and plan check fees.
2.5 Bidding Support
2.5.1 Assist City staff in obtaining approval from the City Council to bid the plans, specifications, and working details.
2.5.2 Assist in the development of final contract documents and complete bid packages for bidding, incorporating final construction documents and technical specifications.
2.5.3 Provide bidding support services with issues such as answering contractor requests for information (RFI) and assisting in the preparation of addenda exhibits and clarification drawings as required.
2.5.4 Participate in the pre-bid job walk with the contractor.
2.5.5 Once a bid is accepted and approve d by the City, compile any addendums and changes to the bid package and provide the City with a conformed CDs set labeled “conformed set for construction”.
2.6 Construction Administration
2.6.1 Attend the pre-construction site meeting.
2.6.2 Provide submittal reviews and comments.
2.6.3 Review the construction schedule.
2.6.4 Make periodic site visits to ensure compliance with the intent of the construction documents. Assume a total of six (6) site visits during the course of construction.
2.6.5 Provide construction support services to include clarifications, responses to RFI’s, and change order reviews.
2.6.6 Participate in the development of the punch list and final job walk/review.
2.7 Project Closeout Services
2.7.1 Review final owner’s manuals and other data as prepared for the City by the Contractor.
2.7.2 Provide final as-built drawings at the completion of construction in ACAD and PDF format.
2.7.3 Provide Hardcopy 22 x 34 Plan Set, Qty (4).
2.7.4 Provide final building evacuation plans with all life-safety components in ACAD and PDF format.
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2.8 Direct Expenses
2.8.1 Printing. Includes in -house check sets, meeting sets, design team sets, and City of Goleta submittal sets through the bidding phase.
2.8.2 Copying. Includes photocopying, to include specifications for City of Goleta submittal and design team office sets.
2.8.3 Mileage. Includes all mileage for project meetings, City of Goleta approval and construction meetings.
2.9 Add Alternate #1 Mechanical – Title 24 Calculation
2.9.1 Title 24 Energy Compliance (MEC Mechanical Engineers)
2.10 Add Alternate #2 Cost Estimates
2.10.1 Schematic Design Cost Estimate @ Approximately 50% (HLCM, Inc.)
2.10.2 Design Development Cost Estimate @ Approximately 95% (HLCM, Inc.)
3.0 EXCLUSIONS
The following are not included in 19six services described above:
3.1 As-built drawings for the existing buildings.
3.2 Plan review application fees.
3.3 Blueprinting and photocopying costs for additional copies beyond those required for the meetings and as listed above.
3.4 Revisions to the Project Scope: Consultant compensation will be adjusted accordingly.
3.5 Assumes design from professional engineers including but not limited to Civil, Fire Protection, Low Voltage (Fire Alarm/Communications) and Landscape Architect are not required and therefore excluded.
3.6 Assumes mechanical engineering is limited to Title 24 E nergy Compliance only as it relates to the skylight.
3.7 Excludes existing building & site verification for accessibility requirements.
3.8 Assumes CASp and CASp report are not required and are therefore excluded.
3.9 Assumes single phase City submitta l and construction, and the GCC Dining Room will be vacant during construction activities.
3.10 Excludes Fire Life Safety and Accessibility design for barrier removal and/or compliance.
3.11 Abatement (Hazardous Materials) design, identification and/or p rocedures for abatement, encapsulation, remediation; A Specification will be provided as a limited section of instructions to the General Contractor. The limited specification section will require him/her to use a licensed qualified testing firm to test th e roof flashing and roofing materials immedi ately adjacent to the skylight exterior perimeter to clarify whether ACM remain s.
If ACMs are present, the General Contractor shall provide a licensed abatement contractor to provide abatement or encapsulation pr ior to installation of the new skylight.
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3.12 Structural calculations and drawings of the skylight structure are excluded from our scope of work.
3.13 Structural review of the existing building is limited to framing attached to the skylight. Whole-building review/analysis is excluded from our sco pe of work.
19six project management s ervices will be provided by Luis De La Torre – Project Manager, and overseen by Rosa Alvarado, Architect – license number C29353.
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EXHIBIT B
FEE SCHEDULE
This project shall be billed on a fixed fee basis as follows:
A. Pre-Design/Conceptual/Schematic Design
19six Architects $ 7,700
19six Structural Engineers $ 1,700
Fixed Fee $ 9,400
B. Design Development
19six Architects $ 5,300
19six Structural Engineers $ 750
Fixed Fee $ 6,050
C. Construction Documents
19six Architects $ 7,375
19six Structural Engineers $ 2,100
ANE Electrical Engineers $ 1,875
Fixed Fee $ 11,350
D. City of Goleta Coordination and Approval
19six Architects $ 3,750
19six Structural Engineers $ 800
Fixed Fee $ 4,550
E. Bidding Support
19six Architects $ 1,850
19six Structural Engineers $ 650
Fixed Fee $ 2,500
F. Construction Administration
19six Architects $ 6,525
19six Structural Engineers $ 4,900
ANE Electrical Engineers $ 625
Fixed Fee $ 12,050
G. Direct Expenses
Fee $ 2,050
TOTAL FIXED FEE BASIC SERVICES $ 47,950
Add Alternate Services:
#1 Title 24 Compliance ..................................................... $ 2,650 #2 Cost Estimation ............................................................ $ 5,325 TOTAL FIXED FEE ADD ALTERNATES $ 7,975
TOTAL FIXED FEE BASIC SERVICES with ADD ALT. $ 55,925
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Extra Services commissioned by the City shall be billed at the following 19six Architects Hourly Rates (January 2025):
Position Hourly Rate
Technical Staff $90
Administrative Staff I $105
Design Professional I $110
Design Professional II $125
Graphics I $130
Design Professional III / Job Captain $140
Closeout Specialist / Project Administrator $150
Graphics II $160
Architect I / Project Manager I / Structural Designer I / Civil Engineer I / Interior Design I
$160
Architect II / Project Manager II / Project Engineer $185 LEED Accredited Professional I $190
Architect III / Senior Project Manager / Senior Structural Engineer
$215
Specifications Writer $215
LEED Accredited Professional II $215
Associate Market Sector Leader / Associate Director $225 Market Sector Leader / Studio Director $240
Associate Principal $265
LEED Accredited Professional III $320
Principal 1 / Principal IV $320
Principal II $350
Principal III $375
Note 1 : 19six Architects & Engineers reserves the right to a djust hourly rates every six months to meet economic conditions.
Note 2: Reimbursable Expenses : There are no reimbursable expenses anticipated for this project. If any reimbursable expenses do arise, 19six shall notify the Owner and get authorization pri or to incurring said expense.
Reimbursable expenses will be billed at a rate of 1.15 times.
Bid set printing for plans and specs shall be paid directly by the Owner to the print vendor. Bid set printing includes plans and specifications for: Contractor(s ), Owner (includes owner’s representative and/or Construction manager, as applicable), Testing Lab, Soils Engineer, Inspector (if applicable), Design Team and Plan Rooms (if applicable).
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EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of th is contract, 19six Architects (the “Consultant”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Consultant.
1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2
C.F.R. § 200.321)
A. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to as sure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
B. Affirmative steps shall include:
i. Placing qualified small and minority businesses and
women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
iii. Dividing total requirements, when eco nomically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
v. Using the services/assistance of the Small Business
Administration (SBA), and the Minority Business
Development Agency (MBDA) of the Department of
Commerce.
Consultant shall submit evidence of comp liance with the foregoing affirmative steps when requested by the Agency.
Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements.
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2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
A. If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles se t forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403.
Costs that are determined unall owable pursuant to a federal audit are subject to repayment by Consultant.
3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)
A. Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant personnel for the purpose of interview and discussion related to the books and records.
B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Consultant agrees to provide the Federal Agency or its authorized representat ives access to construction or other work sites pertaining to the work being completed under the contract.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH
APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON - FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2
C.F.R. § 200.326)
A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 24 City of Goleta
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in excess of $10,000 and the contract does not include provisions for both termination for cause an d termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C .F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherw ise, the following termination clauses shall not be applicable to the contract.
i. Termination for Convenience. The Agency may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Provider for work or materials fully and adeq uately provided through the effective date of
termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit.
Consultant shall provide documentation deemed adequ ate by the Agency to show the work actually completed or
materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.
ii. Termination for Cause. If Consultant fails to perform pursuant to the terms of thi s contract, the Agency shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the Agency may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). I f the termination is for cause, Consultant shall be
compensated for that portion of the work or materials
provided which has been fully and adequately completed
and accepted by the Agency as of the date the Agenc y
provides the Notice of Termination. In such case, the Agency Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 25 City of Goleta
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shall have the right to take whatever steps it deems
necessary to complete the project and correct Consultant’s deficiencies and charge the cost thereof to Consultant, who shall be liable for t he full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.
iii. Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided a nd shall be entitled to withhold compensation for defective work or other damages caused by Consultant performance of the work.
iv. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience,
Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress
including drafts, documents, plans, fo rms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Consultant acknowledges the Agency’s right to terminate this contract with or withou t cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s
termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Age ncy terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a
termination for convenience. In such event, Consultant shall be entitled t o receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 26 City of Goleta
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not be exclus ive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
B. Appendix II to Part 200 (C) – Equal Emplo yment Opportunity:
Except as otherwise provided under 41 C.F.R. Part 60, Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 196 7 and implementation regulations at 41 C.F.R. Chapter 60:
i. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, re cruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including
apprenticeship. Consultant agrees to post in conspicuous places, ava ilable to employees and applicants for
employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause.
ii. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
iii. Consultant will not discharge or in any other manner discriminate against any employee or applicant f or
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 employ ees or applicants as a part of such
employee's essential job functions discloses the
compensation of such other employees or applicants to
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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 Consultant‘s legal duty to furnish information.
iv. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of Consultant’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole o r in part and the
contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Exe cutive Order No.11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 28 City of Goleta
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exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or Consultant. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or Consultant as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
C. Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.
D. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
i. If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to
compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Wor k in excess of the standard work week is per missible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 37 04 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ii. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of l aborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 29 City of Goleta
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employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
iii. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any
subcontractor responsible t herefore 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 dam ages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
iv. The Agency shall upon it s own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other F ederal contract with the same prime contractor, 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 paragraph (iii) of this section.
v. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in par agraph (ii) through (v) of this Section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 30 City of Goleta
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with the clauses set forth in paragraphs (ii) through (v) of this Section.
E. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
i. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding
agreement,” the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements), and any implementing regulations issued by the Agency.
ii. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the perf ormance of experimental, developmental, or
research work funded in whole or in part by the Federal government. This term also includes any assignment,
substitution of parties, or subcontract of any type entered into for the performance of experimental, dev elopmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
iii. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management
Assistance Grant Program, Crisis Counsel ing Assistance and Training Grant Program, D isaster Case Management
Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as
FEMA awards under these programs do not meet the
definition of “funding agreement.”
F. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 31 City of Goleta
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requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pol lution Control Act as amended (33 U.S.C. 1251-1387).
i. Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the
appropriate Environmental Protection Agency Regio nal
Office, and (3) Consultant agrees to include these
requirements in each subcontract exceeding $150,000.
ii. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applica ble standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure noti fication to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant
agrees to include these requirements in each subcontract exceeding $150,000.
G. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 th at implement Executive Orders 12549 (3 C.F.R . part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of t he Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 32 City of Goleta
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C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).
ii. Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by Agency. If it is later de termined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
iv. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibite d from
participation in accordance with the requirements above .
Consultant further agrees to notify the Agency in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.
H. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at an y time during the contract term funding exce eds $100,000.00, Consultant shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the requi red certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, o fficer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Docusign Envelope ID: B28E5A26-4B56-41C7-BC56-239250E5BCC9 33 City of Goleta
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Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
I. Appendix II to Part 200 (J) – Procurement of Recovered Materials:
i. Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservatio n
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
ii. In the performance of this contract, the Consultant shall make maximum use of products containing recovered
materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe
providing for compliance with the contract performance
schedule; Meeting contract performance requirements; or at a reasonable price.
iii. Information about this requ irement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpg-program.
5. MISCELLANEOUS PROVISIONS
A. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.
B. This is an acknowledgement that FEMA f inancial assistance will be used to fund the contract only. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
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C. Consultant acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.
D. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Consultant, any s ubcontractors or any other party pertaining to any matter resulting from the contract.
E. General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
i. General and administrative expenses shall be negotiated and must conform to the Cost Principles.
ii. Profit shall be negotiated as a separate element of the cost.
To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
iii. Any agreement, amendment or change order for work
performed on a time and materials b asis shall include a ceiling price that Consultant exceeds at its own risk.
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EXHIBIT D
PRELIMINARY PROJECT SCHEDULE
19six will proceed with the work upon approval from the City of Goleta. The following schedule assumes an authorization to proceed in May 2025:
Authorization to Proceed ......................................... May 2025 Kick-Off Metting (1-day) ......................................... May 2025 Schematic Design (12-wks)............................... August 2025 Design Development (8-wks) ........................... October 2025 Construction Documents Design (12-wks) ... December 2025 Agency Review – City of Goleta Building Safety (8-wks) February 2026 Bidding Assistance (Assume 4-wks) ................... March 2026 Construction Administration (6-mo) ............. September 2026 Project Close-Out ........................................ September 2026
Note 1: Upon Authorization to Proceed, 19six Architects will assemble a formal design schedule (and a preliminary construction s chedule) in Microsoft Excel or Microsoft Projects. Schedule will be reviewed during scheduled design team review meetings.
Note 2 : A ll construction activity shall be coordinated with the City of Goleta schedule.
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