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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO AND
TAIT & ASSOCIATES, INC.
THIS ON CALL PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 12th day of April, 2022, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and TAIT and Associates, Inc., a Idaho corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 1 of this Agreement.
B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to be eligible to perform those services as needed and requested by the City.
C. During the Term of this Agreement, the City may initiate or continue various projects for which Consultant’s services may be used. For a given project, the City may solicit proposals from Consultant and other firms to perform services on that project, and the City may award a Task Order for the project based on availability, schedule, and cost proposal. Consultant understands and acknowledges that this Agreement provides no guarantee that Consultant will be selected to perform any volume or work for the City.
D. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.
E. The Parties desire to formalize the selection of Consul tant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
Scope of Services . Contractor agrees to perform on- call construction management, inspection and mater ials testing services associated with Request for Proposals No. 22- 044 “On- Call” Professional Architectural Services (hereinafter, the “Scope of Services” or “Services”) as requested and authorized by the City. The Scope of Services are more particularly described in Exhibit “A” attached hereto and Page-2
incorporated herein. When the City desires to utilize Contractor for the Scope of Services, the City will is sue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Upon the issuance of a Task Order, that Task Order shall immediately be incorporated into this Agreement as part of Exhibit “A” (e.g., the first Task Order will be Exhibit “A -1”, the second Exhibit “A-2,” etc.). Each Task Order is made a part of t his Agreement by this reference and encompassed within the Scope of Services of this Agreement.
As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the Services, and it is experienced in performing the work and Services contemplated herein. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more professional firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement, including the Recitals; (2) the Scope of Services , including all Task Orders ; (3) the City’s Request for Qualifications No. 22-044; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The Contract Documents and Accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services , Consultant’s Proposal , and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all Services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered. In addition to the terms, conditions, and performance obligations for the Work set forth in this Contract, Consultant must also comply with the federal contract terms, conditions, rules, and regulations set forth in the attached Exhibit B (“Federal Contract Terms, Conditions, and Regulations”).
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the Services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees Page-3
or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to c ommencement of Services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the Services hereunder, then Consultant shall immediately inform the City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, paper s, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which r equire the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold 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.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
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City shall have the right at any time during the performance of the Services under an individual Task Order, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Task Order sum for the actual cost of the extra work or change, and/or (ii) the time to perform the Task Order, which said adjustments shall be reflected in an amendment to the Task Order subject to the written approval of the Parties . Any amendment to a Task Order shall be reviewed and approved by the City Manager. In accordance with Rialto Municipal Code section 2.48.180, i ncreases in compensation for a Task Order may be approved by the City Manager provided: (a) the initial Task Order amount was less than One Hundred Thousand Dollars ($100,000) and the amended Task Order sum when considering any or all amendments wi ll not exceed One Hundred Thousand Dollars ($100,000); or (b) the Task Order was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by Consultant under a given Task Order requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
City and Consultant acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual or total level of Services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separat e project that the City may assign Consultant as provided in Section 1.9 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the City Manager or designee as provided in this Section 2.1. T he Maximum C ontract Amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually Page-5
authorized Task Order corresponding to a project requiring the Services of the Consultant in accordance with the Schedule of Compensation set forth in the attached Exhibit “C” .
Subsequent approval of individual Task Orders shall be approved in accordance with the provisions of Chapter 2.48 of the Rialto Municipal Code.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the Services ; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the Services . If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Unless otherwise specified by the Task Order, each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under t his Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
2.5 No Waiver.
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Review and payment by City to Consultant of any invoice for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section
1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the C ity for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Subject to the termination provisions of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. City may extend the Term of this Agreement two times for one year each time, for a total potential term of five years.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
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The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Dan Hinson Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent pers onnel to perform Services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to Ci ty a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Ins urance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Page-9
Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employ ed by or any persons retained by the Consultant in the course of carrying out the work or Services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non- owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to Services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s Services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the self -insured retention. All of s aid policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or Services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.
Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupi ed or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to whic h the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, l osses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions fil ed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations Page-11
or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its off icers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully r esponsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omissi on, or reckless or willful misconduct of Consultant in the performance of professional Services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
Notwithstanding the foregoing, to the extent that the Consultant’s Services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “books and records”), as shall be necessary to perform the Services required by this Page-12
Agreement and enable the Contract Officer to evaluate the performance of such Services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcr ipts from such records. Such records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’ s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the perform ance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of t his Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or Page-13
disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless request ed by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the perio d of time that Consultant is in default, the City shall hold all invoices and shall proceed with Page-14
payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal ac tion, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contr act Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant t o fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performanc e of Services under this Agreement or any individual Task Order subsequently awarded.
Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision Page-16
relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is def ined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or Services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthori zed aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary Page-17
for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and ti me of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, networ k data, internet, or other communication charges, vehicles, and reproduction facilities.
9.2 Payment of Taxes.
Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e- mails, text messages, instant messages are not acceptable manners of notice required hereunder.
Notices or other communications shall be addressed as follows:
If to City: City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
Fax: (951) 788-5785
If to Consultant: TAIT & Associates, Inc.
701 Parkcenter Drive
Santa Ana, CA 92705
Attn: Dan Hinson
Tel: (714) 560-8200
Email: [email protected]
Page-18
Either Party may change its address by notifying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shal l not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Page-19
IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal
corporation
TAIT AND ASSOCIATES, INC., an
Idaho corporation
By: By:
Marcus Fuller, City Manager Signature
ATTEST:
Name
By:
Barbara A. McGee, City Clerk
Title
APPROVED AS TO FORM:
By:
Burke, Williams & Sorensen, LLP Signature
By:
Eric S. Vail, City Attorney Name
Title
**Two signatures are required if a
corporation**
A-1
EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall provide on-call professional architectural services more generally described herein.
The selected firms shall provide first -rate architectural services on an as -needed basis for various City projects as assigned. Responsibilities may include, but are not limited to, the following:
1. Lead a team to prepare architectural, structural, mechanical, electrical, plumbing, safety systems, and other drawings as needed for new infrastructure, upgrades or improvements for municipal buildings and structures.
2. Preparation of conceptual drawings, plans and renderings as may be requested by the City for projects being contemplated or visioning sessions with the community.
3. Move assigned projects through all City entitlement processes, including but not limited to, architectural review, planning approval, building & safety, engineering and construction, including City Council approval if applicable.
4. Architectural services for designated historical buildings, as well as completely new construction, alteration and renovation projects on historic sites. This includes project design, research, evaluation, planning, handicapped accessibility, and engineering services (civil, structural, MEP, land surveying, etc.) incidental to the project.
5. Attend meetings and prepare presentations for staff reports to City advisory board, commissions, and the City Council when said meetings relate to projects covered by this contract, and as warranted or directed by the City Manager or his/her designee.
6. Feasibility studies for new, renovation, and alteration projects.
7. Facility assessment, studies and/or audits to determine compliance with various federal, state, and local regulations (ADA, Building Code, Fire Code, energy efficiency, etc.)
8. Preparation of reports that may be needed for preliminary documents, working drawings, permitting, construction drawings, specifications, bid documents, and construction cost estimates.
9. Coordination with a sub-consultant to provide plans and construction drawings for the installation of fire sprinklers and fire alarm systems in new or existing buildings. This may be part of a larger project or a standalone project to install fire sprinklers and fire alarm systems in an existing building.
10. Provide construction advisement and/or construction management services, value engineering and advice on projects that need to be constructed in phases.
11. Provide documentation, assist in warranty review, participate in project close-out, and provide as-built record drawings as-needed.
12. Cooperate, coordinate, and communicate with all internal City departments and divisions as necessary. Coordinate meetings with City staff, contractors and other stakeholders as the project may require.
A-1
It will be the responsibility of the successful firms and to determine the necessary staffing level required to perform the scope of service of each project assigned. The City will not provide dedicated work space or office space, City staff, or City resources, printing or copying services, or clerical assistance for the performance of this agreement.
All services shall be performed in compliance with the industry and professional standards and all applicable federal, state, and local laws, ordinances, and regulations including the Americans with Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County of San Bernardino and the City of Rialto.
The City further reserves the right, when applicable and in the best interests of the City, to require the architect to engage sub-consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the architect for consideration and reserves the right of approval of any sub-consultant selected by the architect on any project.
Specifically, Consultant shall provide those Services as outlined in its proposal date d March 17, 2022, included on the following pages.
City of Rialto
Response to Request for Qualifications (RFQ) #22-044 • February 24, 2022
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
A.
Cover Letter
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 1
February 24, 2022
City of Rialto Public Works
1 50 S. Palm Avenue
Rialto, CA
RE: REQUEST FOR QUALIFICATIONS (RFQ) #22-044 ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES TAIT & Associates, Inc. (TAIT) is pleased to provide the City of Rialto (City) with this SOQ/Proposal for On-Call Professional Architectural Services. We are currently on the City’s on-call list for engineering services and look forward to the opportunity to provide architectural design services as well.
TAIT is a Southern California based family-owned design firm founded by Dr. Kenneth E. Tait, P.E. in 1 964 that has grown to have offices throughout the Western United States. With headquarters in Santa Ana, California, and approximately 220 total associates, we work together as a team to provide a full range of design services, including architecture, civil engineering, site development, surveying & mapping, water quality, energy, water/wastewater, and environmental. At TAIT, we take pride in our unique strength of having both big company expertise and small company culture dedicated to customer service.
To address the City’s technical requirements identified for this contract, TAIT has assembled a strong team of architectural professionals, including Dan Hinson, Architect, as Principal in Charge/Project Architect with 29 years of experience, Tim Virus, Architect, as QA/QC Manger, with 4 1 years of experience, Jerry Mercado as Project Manager with 20 years of experience, Hessam Vakili, LEED AP, as Architectural Designer/Planner with 22 years of experience, and Nico Marcus as Job Captain with 3 1 years of experience. We have also have on hand engineering professionals to address any civil engineering and surveying requirements of this contract as needed, with Jacob Vandervis, P.E. as the lead, having 36 years of experience. TAIT’s expert A/E team is prepared to meet your project deadlines based on the task order contract process to establish a project specific scope of work. Further, we understand the scope of work as detailed in the RFQ.
TAIT’s sub-consultants as-needed for this contract will include tk1sc, an expert MEP firm, with Bill Voller as the contact person reached at 1 523 1 Laguna Canyon Road Suite 1 00, Irvine, CA, phone number (95 1) 299-4 1 94.
TAIT understands we will have contractual obligation with the City regarding this project. Our legal name is TAIT & Associates, Inc. and we are a California Corporation headquartered at 70 1 N. Parkcenter Drive, Santa Ana, CA 92705, our phone number is (7 1 4) 560-8200, and our fax number is (7 1 4) 560-8233. TAIT’s contact person and assigned Principal-in-Charge for this procurement will be Dan Hinson who can be reached at phone number (95 1) 475-3300 or email [email protected].
We acknowledge receipt of all RFQ addenda, and this proposal shall remain valid for a period of no less than 1 20 days from the date of submittal. All information submitted with the proposal is true and correct. The TAIT team appreciates this opportunity to present our qualifications, and we are confident our services will be provided to the City in a time-efficient and cost-effective manner.
Very truly yours,
TAIT & Associates, Inc.
Dan Hinson, Architect,
Vice President
Who we are!
B.
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 2
FIRM CAPABILITIES & HISTORY:
TAIT & Associates, Inc. (TAIT), is a Southern California based family owned architectural and engineering firm founded by Dr.
Kenneth E. Tait, P.E., established in 1 964 and incorporated in the State of California. TAIT began as a Land Surveying and design consulting engineering firm dedicated to providing a wide range of quality services to our clients. Today, we have 8 offices throughout the Western United States, including Santa Ana headquarters and regional offices in Norco, San Diego, Sacramento, Denver, Boise, Dallas, and Atlanta. We have a staff of approximately 220 associates who work together as a team to provide a full range of architectural and engineering services to our clients.
TAIT is an Orange County/Southern California based
firm with key staff who have an average of over 30
years of experience in the industry. As each project
presented new challenges, we used each one as an opportunity to learn something new and apply that knowledge to future projects.
Whether it was a new technical approach, a better management system, or simply improving our communication with clients, the end result was improved service while strengthening our existing relationships with our clients.
Our Architectural Department provides a diverse range
of architectural services. Our staff has extensive experience in conducting assessments of existing buildings, providing testing for identification of any potential hazardous materials, developing site plans, and the preparation of architectural design documents, renderings and construction documents for new construction, tenant improvements, and complex building remodels and expansions.
TAIT has been instrumental in helping various clients develop prototypical criteria documents, and we have designed hundreds of facilities applying these strict standards. We also provide architectural renovation services to implement or upgrade ADA standards.
MORE OF OUR ARCHITECTURAL SERVICES
INCLUDE:
• Architectural Renderings
• Building and Project Site Design
• Building ADA Surveys
• Bid and Construction Documents
• Construction Management
• Construction Specifications
• Cost Estimating
• Building Assessments
• Existing Building Modification Plans
• Interior Design
• Property Condition Assessment Reports
• Prototypical Designs
• Site Planning
• Tenant Improvement Plans
• Hazardous Material Investigations
• Master Planning
SINCE 19 64
FIRM’S QUALIFICATIONS
PG. 3
TAIT’S UNIQUE QUALITIES & BENEFIT TO THE CITY
As noted above, TAIT is a locally headquartered, family owned, multi-disciplinary architectural and civil engineering firm that is uniquely situated to servve the City of Fullerton on this contract. What makes our team’s benefit to the City unique are the three key items which are highlighted below:
1) Big Company Expertise with Small Company Culture:
TAIT has been locally situated in Santa Ana, California for 57 years and has consistently grown in its technical knowledge of the industry as well as the ability to fulfil multiple disciplines on projects. Our in-house design capabilities include not only the requested Architectural services as a baseline, but we also have the in-house capability to conduct civil engineering & surveying, structural engineering, planning and site improvement, construction management, as well as design, maintain, and inspect any of the City’s underground and above ground storage tanks for your maintenance yards. However, unlike other large multi disciplinary firms, our company is able to boast a local and small company culture that has direct access and ability to service local agency needs from small to large projects.
2) Understanding of Your Needs: As a result of the above noted expertise and broad service knowledge and categories, TAIT has become a standard go-to public works architectural firm for local agencies to design an ever-growing list of multi-disciplinary projects.
We understand that the City is seeking a civil design firm and mapping firm to support the City’s design needs, however, we are confident that our design team not only can fulfil the design requirements of the “base scope” but that we also have the experience necessary to recommend, design, and support you on the broader range of auxiliary architectural services for which On-Call Architectural contracts regularly require.
Our staff are prepared to be extensions of the City’s engineering staff and will jump in where needed to make you successful.
3) A Company of Kindness: Finally - Kindness is not something regularly highlighted in architectural and engineering, however our Civil Engineers recognize that we are providing basic necessities to the local communities around us and it is our belief that the culture of the company has a direct impact on the quality and the success of the projects. Our kindness initiative has been one of the cornerstones of securing TAIT a top places to work in Orange County award for the past 4 years running (most recently ranked 3rd place). Not only this, but our focus on culture has also had direct impact to the agencies we regularly work with because we genuinely care about our local community and want to see them succeed. This means we are looking for ways that you are able to save money, get regular updates from our team on progress, to check in on your needs, and to have a full commitment to your satisfaction on the project. It is because of this culture that we also have developed long term relationships with sub- consultants who regularly work on our on-call contracts and are fully committed to modeling this culture with the City as well.
We are excited for the opportunity to work with the City on this Contract and look forward to showing you the difference that our “big company experience and small company culture” can provide you.
Staffing &
Organization
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 4
TK1SC
Mechanical, Electrical &
Plumbing Engineer
TAIT Engineering
Civil Engineers, Surveyors, and
Planners
Hessam D. Vakili
Associate AIA /ASLA
Director of Design and Development
Tim Virus
Architect
QA/QC Manager
Nico Marcus
Associate AIA
Job Captain
Jerry Mercado
Architect
Project Manager
Jacob Vandervis
PE
V .P . of Engineering/Project Engineer
Dan Hinson
Architect
Principal - in - Charge
CORE TEAM
LEADERSHIP
SUBCONSULTANTS
PG. 5
KEY PERSONNEL
Jacob Vandervis, P.E., QSD/P
Vice President of Engineering/Project Engineer
Mr. Vandervis is a licensed civil engineer with over 35 years of experience with land development projects in the western United States. His areas of expertise include site design, grading design, drainage studies, water pollution control plans, erosion & sediment control plans, as well as street improvement plans. He is experienced in site design of all sizes for commercial development, involved in preliminary design to develop cost estimates & due diligence packages, as well as experienced in the entitlement phase of projects. His surveying experience includes the preparation of ALTA and topographic surveys, parcel maps, record of survey and legal descriptions.
Dan Hinson, Architect
Principal-in-Charge/Project Architect
As an established architect in Southern California, Dan Hinson has more than 28 years of experience in all aspects of the architectural field. As a principal, Dan has established and maintains a diverse list of clientele. Dan has extensive experience in the construction industry from finishing concrete to general contracting. As a general contractor, he has provided Design-Build projects consisting of office space, restaurants, hotels and concrete “tilt-up” buildings. The combination of construction field experience along with architectural sensitivity gives Dan a truly unique ability to provide balance to a project. It is this understanding that gives clients confidence that projects will meet a budget and be completed on time, a value that always brings a vision into reality. -Leadership
Dan Hinson, Architect PIC/Project Architect C27416 29 5 Jerry Mercado Project Manager B92 1 889 20 5
Jacob Vandervis, P.E. Vice President of Engineering/Project Engineer CA No. SC46301 36 25 Hessam Vakili, LEED AP Architectural Designer/Planner LEED AP 22 3 Tim Virus QA/QC Manager C17342 41 32
Nico Marcus Job Captain - 31 24
name licences/
registrations
experienceclassification / designation time with
firm
Jerry Mercado, Architect
Project Manager
Jerry Mercado possesses diverse project experience with private and public sector clients. He has been responsible for the overall project leadership and client management of numerous civic, healthcare, institutional, commercial, educational, retail and hospitality projects. His collaborative management style affords the team with innovative solutions to design issues and keeps projects on schedule and within the established budget.
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 6
KEY PERSONNEL
Hessam D. Vakili
Director of Design & Development
Dedicated to design excellence, Hessam is passionate about enriching communities and impacting lives through the power of design. His academic and practical training in architecture, landscape architecture, and interior design have given him the advantage of understanding the interior/exterior relationship to the environment in his successful designs He has diverse experience in providing innovative design solutions for both local and global projects. Hessam offers 20+ years of experience in the design and planning of resilient mixed-use, education, residential housing, site planning and large-scale urban centers/environments. He is a member of the American Institute of Architects , Urban Land Institute, and the American Society of Landscape Architecture.
Tim Virus, Architect
QA/QC Manager
Mr. Virus has over 40 years of overall industry experience in the design and planning of retail fueling facilities’ , commercial retail centers, industrial process, multi-family and custom residential projects throughout California. An Orange County third generation native with roots back to the original Anaheim Colony, Timothy grew up in a development – construction family that was involved in creation of several County landmarks. As Senior Architect with the TAIT Companies he is in charge of supervising the comprehensive development of all projects within the architectural services division.
Nico Marcus
Job Captain
Mr. Marcus has experience in the commercial/retail industry, mainly with grocery stores, drug stores and restaurants.
Mr. Marcus manages multiple projects at one time, has excellent decision-making and problem solving skills, as well as great communication skills. He possesses knowledge of CBC and ADA codes, as well as a general understanding of the components necessary to permit a retail facility from site identification to building permit. He conducts day to day operations with developers, consultants, contractors and other agency team members. He can conduct field measures for as-built documents, complete with a report and recommendation. -Architectural
Resumes
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 7
As a firmly established architect in Southern California, Dan Hinson has more than 28 years of experience in all aspects of the architectural field. Dan has established and maintains a diverse list of clientele. Dan has extensive experience in the construction industry from finishing concrete to general contracting. As a general contractor, he has provided Design-Build projects consisting of office space, restaurants, hotels and concrete “tilt-up” buildings.
The combination of construction field experience along with architectural sensitivity gives Dan a truly unique ability to provide balance to a project. It is this understanding that gives clients confidence that projects will meet a budget and be completed on time, a value that always brings a vision into reality. Selected Project Experience:
City of Norco Community Center, Conceptual Design
The Project includes a 7 ,200 S.F. Day Care Facility, a Multi-Purpose Building and a 8,400 S.F.
Library. The site was designed to promote outdoor activities which included and amphitheater and a large outdoor patio area.
Riverside County Department of Environmental Health (Corona Office) The project includes the design and preparation of tenant space for new County Offices.
Department of Naval Warfare
The Project includes Schematic Design of three structures for processing with the Federal Government for funding.
San Bernardino County Department of Child Services, Conceptual Design
Developed a Program based on staff needs and desires and also prepared a schematic design that was functional and cost effective.
Mission Viejo Medical Clinic
Developed plans for a Private Medical clinic.
Knabe Road Day Car Facility and Medical Office
The Project includes a new private day care facility with necessary State approvals and a two story private Medical Office structure.
Glen Helen Rehabilitation Center, Sheriff’s Multipurpose and Classroom Facility
The Project includes a new structure with Office Space and a Training Area and Conference Room located within the Rehabilitation Center.
Dan Hinson, Architect
Principal-in-Charge/Project
Architect
Education
B.S. Civil Engineering –
California State University
Year of TAIT Team Enlistment
2 017
Total Experience
29 Certifications
Licensed Architect
California No. C27416
Registered Contractor
California, No. B3381 74
PG. 8
Jerry Mercado possesses diverse project experience with private and public sector clients. He has been responsible for the overall project leadership and client management of numerous civic, healthcare, institutional, commercial, educational, retail and hospitality projects. His collaborative management style affords the team with innovative solutions to design issues and keeps projects on schedule and within the established budget
City of Norco Community Center, Conceptual Design
The Project includes a 7 ,200 S.F. Day Care Facility, a Multi-Purpose Building and an 8,400 S.F.
Library. The site was designed to promote outdoor activities which included and amphitheatre and a large outdoor patio area.
Riverside County Department of Environmental Health (Corona Office) The project includes the design and preparation of tenant space for new County Offices San Bernardino County Department of Child Services, Conceptual Design Developed a Program based on staff needs and desires and also prepared a schematic design that was functional and cost effective.
Smart & Final, Huntington Park, CA, Design Engineer, 201 7-2018 Site development of a large grocery store with rooftop parking under the direction of a licensed Civil Engineer. Work included site improvement design, grading design, horizontal control, utility design, drainage and stormwater treatment design, and SWPPP preparation.
Victorville West, Large Format Retailer, Intern, 201 3
Mr. Vander Vis reviewed construction product submittals for on-site and off-site paving, curbs, sidewalks, storm drains, sewers and fencing.
Citadel Phase 4, Commerce, CA, Intern, 201 3
Mr. Vander Vis provided surveying work under a licensed Surveyor-In-Training which included staking parking lot structures for the construction of a new commercial building.
Jerry Mercado, AIA
Project Manager
Education
B.A. - Architecture
Woodbury University
Year of TAIT Team Enlistment
2 017
Total Experience
20 Certifications
Professional Engineer
California No. C89942
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 9
Hessam D. Vakili,
LEED AP, Assoc.
AIA/ASLA
Director of Design &
Development
Education
B.S. Landscape Architecture -
University of Massachusetts,
Amherst, MA
M.Arch - Boston Architectural
College, Boston, MA
Year of TAIT Team Enlistment
2020
Total Experience
22 Certifications
USGBC LEED Accredited
Professional Certified,)
Associate Member, AIA
Associate ASLA Member,
NCARB
Dedicated to design excellence, enriching communities, and improving accepted standards.
Hessam is passionate about enriching communities and impacting lives through the power of placemaking. He has diverse experience in providing innovative design solutions for both local and global projects. Hessam offers 2 1 years of experience in the design and planning of resilient mixed-use, education, residential housing, site planning and large-scale urban centers/ environments.
Orange Coast College, Costa Mesa, CA – Facilities Master Plan* The master plan for this project document considered the long-range growth, goals, development, and vision of the OCC’s organization, buildings and infrastructure.
Golden West College, Huntington Beach, CA – Facilities Master Plan* The project includes the design and preparation of a new facilities master plan for the future vision of the Golden West Campus to 2030
City of Santa Ana South Main Street Vision Plan, Santa Ana, CA, Master Plan*
Developed a street improvement design based on community needs and desires and also prepared a conceptual master plan design that was functional and cost effective..
Dana Point Harbor Revitalization, Dana Point, CA – Master Plan The project includes Schematic Design of three structures for processing with the Federal Government for funding.
Otay Ranch Town Center, Otay Ranch, CA – Master Plan &
Architecture*
Developed urban design plans for a residential expansion in a mixed-use retail environment for the retail center developer, with over 1,000 new units featuring parks, landscape connections and urban placemaking.
Coyote Canyon Development, Newport Beach, CA – Planning & Architecture
The proposal includes an 1 8-hole golf course, hospitality, and other potential real estate development opportunities. The project is currently in the early phases of entitlement.
The Shops at Hudson Yards, New York, NY – Mixed Use Podium Design**
Responsible for the design and planning of the retail podium to accompany KPF’s Hudson Yard towers with over 1 million SF of ground up high-end retail, including a flagship Neiman Marcus. * While with Gensler
** While with Elkus Manfredi Architects
PG. 10
Mr. Virus has over 40 years of overall industry experience in the design and planning of public facilities, retail fueling facilities’ , commercial retail centers, industrial process, multi-family and custom residential projects throughout California. An Orange County third generation native with roots back to the original Anaheim Colony, Timothy grew up in a development – construction family that was involved in creation of several County landmarks. As Senior Architect with the TAIT Companies he is in charge of supervising the comprehensive development of all projects within the architectural services division. His responsibilities include the management of the majority of the Albertson’s and Bristol Farms work in Southern California, reviewing and supervising work for Kroger (Ralph’s & Fry’s) and Petco in California and Arizona. He has also supervised Architectural design projects for the Lennar Design Development Center at El Toro, administering and coordinating document and specification preparation, directing responses to permit approval comments and performing construction contract administration. Mr. Virus has broad experience with accessibility compliance issues, has conducted numerous facility evaluations, made recommendation for improvements. Selected Project Experience:
Prado Demolition at 5 Facility Sites, County of Orange Flood Control District, Project Architect, 201 4- Present
The project consists of clearing and demolition of approximately 80.45 acres consisting of existing structures, partially demolished, from a previous dairy farm. The project is to clear away all the buildings, site walls, misc. structures, elevated slabs (above 4” from adjacent grade), stem walls, fencing and all trees and shrubs in the designated parcel. The work also includes destroying and capping existing water wells, filling in an existing swimming pool and removing abandoned septic systems.
Silverado Library of the Canyons, County of Orange, Project Architect, 201 3-201 7
TAIT’s current task order assignment with OC Parks includes preparing plans for the demolition of several existing campus structures with the conversion of the former classrooms and office space into a County Library, offices for County Parks staff, and community meeting rooms that cover 3500 square feet of usable enclosed space. Site work in the initial phase will consist of implementing Code-required ADA improvements for public access at the campus and for public restrooms, upgrading of the existing parking lot, and provisions to provide security lighting for night-time use of the facility.
Hall of Administration Benefits Consolidation Relocation, County of Orange, Project Architect, 201 3
The project provided for the space planning and remodel of the existing office space on the first floor of the Hall of Administration (HOA) for the relocation of the HRS staff from the second floor of the HOA.
Tim Virus, AIA,
Architect
QA/QC Manager
Education
B.A. Architecture - California
Polytechnic State University,
San Luis Obispo
Year of TAIT Team Enlistment
199 0
Total Experience
41 Certifications
Registered/Licensed Architect
– AZ, CA, CO, HI, ID, MO, NV,
NM, OR, PA, TX, UT, WA, WY
Licensed Architect
California No. C1 7342
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 11
Nico Marcus
Job Captain
Education
Balin Institute of Technology
Year of TAIT Team Enlistment
1998
Total Experience
31 Mr. Marcus has experience in the commercial/retail industry, mainly with grocery stores, drug stores and restaurants. Mr. Marcus manages multiple projects at one time, has excellent decision-making and problem solving skills, as well as great communication skills. He possesses knowledge of CBC and ADA codes, as well as a general understanding of the components necessary to permit a retail facility from site identification to building permit. He conducts day to day operations with developers, consultants, contractors and other agency team members. He can conduct field measures for as-built documents, complete with a report and recommendation.
Mr. Marcus manages project staff to include designers and CAD operators, and has the ability to mentor junior design staff in basic procedures and techniques.
Hall of Administration Benefits Consolidation Relocation, County of Orange, Lead Architect Designer, 201 3
The project provided for the space planning and remodel of the existing office space on the first floor of the Hall of Administration (HOA) for the relocation of the HRS staff from the second floor of the HOA.
Juvenile Hall Security Doors, County of Orange, Lead Architect Designer, 201 3
The performance of this project involved architectural services to provide plans and specifications to design and engineer the replacement of interior and exterior security doors, including institutional detention hardware and locking systems in Units M and O and the Control Area at Juvenile Hall. The project required completion of plans and specifications in time to bid and award a construction contract before December 3 1, 20 1 3.
Prado Demolition at 5 Facility Sites, County of Orange Flood Control District, Lead Architect Designer, 201 4- Present
The project consists of clearing and demolition of approximately 80.45 acres consisting of existing structures, partially demolished, from a previous dairy farm. The project is to clear away all the buildings, site walls, misc. structures, elevated slabs (above 4” from adjacent grade), stem walls, fencing and all trees and shrubs in the designated parcel. The work also includes destroying and capping existing water wells, filling in an existing swimming pool and removing abandoned septic systems.
Alameda Corridor East (ACE) San Gabriel Trench Grade Separation, Paragon Partners, Ltd, Lead Architect Designer, 201 3-Present TAIT is currently involved with three separate projects associated with the Alameda Corridor East (ACE) San Gabriel Trench grade separation project. Remodel of existing building and expansion to add a temporary metal building structure as a dust mitigation measure due to the existing business impaction by the ACE constructions.
PG. 12
Mr. Vandervis currently serves as a Vice President/Chief Operations Officer in TAIT’s Corporate Office in Santa Ana. In addition to his management duties, he acts as the primary point of contact for several national retail and residential developers. Mr. Vandervis is a licensed civil engineer with over 35 years of experience with land development projects in the western United States. His areas of expertise include site design, grading design, drainage studies, water pollution control plans, erosion & sediment control plans, as well as street improvement plans. He is experienced in site design of all sizes for commercial development, involved in preliminary design to develop cost estimates & due diligence packages, as well as experienced in the entitlement phase of projects. His surveying experience includes the preparation of ALTA and topographic surveys, parcel maps, record of survey and legal descriptions. In addition, Mr.
Vandervis has completed fuel tank upgrade programs for various major oil company sites, done facility upgrades for utility clients and has been responsible for entitlement, site design, utility coordination, plan approval, and construction administration on fueling projects. He is a certified Qualified SWPP Developer (QSD), Certified Development, Design & Construction Professional (CDP) and Certified Retail Property Executive (CRX).
Pipeline Management Program, FY2018-2019 Phase 1 Project Glendale Water & Power, Principal in Charge, 2018-2019
PIC of the work being conducted by all TAIT staff to provide Design Engineering Service for the $3. 1 M water main replacement project throughout various locations in Glendale, CA. Primary responsibilities were to review and stamp water main replacement plans and specifications, supervise design engineers and coordinate with client and contractor through the design and construction phases.
The Creek at Dominguez Hills, City of Carson, Principal-in-Charge, 201 7-2020
This project is 86-acres of a 1 7 1-acre development in concert with the County of Los Angeles Department of Parks and Recreations. The TAIT portion of the development has many exciting features for public and private events, including a new Driving Range with 1 00+ Bays and Putting Areas, a 1 99,000 SF Gymnasium, 750-foot Zip Line and Adventure Course, 6+ acre Outdoor Amphitheater and Public Park, Clubhouse, Sport Wellness Facilities, a Marketplace, Dining, Youth Outreach Center, and jogging paths around the site. The project is LEED Site Certified, including 2 buildings with LEED Certification.
Monterey Park Market Place, City of Monterey Park, Project Manager, 201 5–Present
The design of the development includes slope stabilization, retaining wall design, street improvement design, utility installation, overall site development, and over 400,000 cubic yards of dirt removal and regrading. The project involves three geotechnical analysis. The geotechnical analysis included recommendations for the design on and near the landfill; for the slope stabilization throughout the site; and for the overall site development and construction.
Jacob Vandervis,
P.E.,QSD/P
Vice President of
Engineering/Project Engineer
Education
B.S. Civil Engineering –
California State University,
Long Beach
Year of TAIT Team Enlistment
1997
Total Experience
35 Certifications
Registered Professional
Engineer, Civil – CA, OR, AZ,
UT, NV, ND, WA, HI, & AK.
Professional Engineer
California No. C46301
QSD/P CA No. 275
Scope of
Work
C.
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 13
UNDERSTANDING & METHODOLOGY
TAIT has dedicated itself to offering quality architectural and engineering design services throughout the Western United States.
As each project presented new challenges, we used each one as an opportunity to learn something new and apply that knowledge to future projects. Whether it was a new technical approach, a better management system, or simply improving our communication with clients, the end result was improved service while strengthening our existing relationships with our clients.
Our Architectural Department provides a diverse range of architectural services. Our staff has extensive experience in conducting assessments of existing buildings, providing testing for identification of any potential hazardous materials, developing site plans, and the preparation of architectural renderings and construction documents for new construction, tenant improvements, and complex building remodels and expansions. TAIT has been instrumental in helping various clients develop prototypical criteria documents, and we have designed hundreds of facilities applying these strict standards. We also provide architectural renovation services to implement or upgrade ADA standards.
Public works contracts require careful planning, effective communication, and precise execution in order to avoid
costly contract change orders during the construction phase. In an effort to ensure consistent and excellent services, TAIT employs our proven 5 step project management protocol (Understand > Assign Plan > Execute > QA/QC) on each assigned contract:
UNDERSTAND:
Upon receipt of a RFQ from the City, TAIT conducted a cursory project review and researched existing conditions in order to ensure we have a full understanding of the scope. The potential scope of work under the contract is clearly identified and potential pitfalls/ critical areas are verbalized early in the review process.
ASSIGN:
TAIT has in house expertise in architecture and engineering. Based on the scope of this project, our Project Manager and Project Architects and Engineers have been assigned to this contract based on their backgrounds which best matches the requirements and complexity of this project. Additionally, based on the project scope, key sub-consultants for were selected and assigned to the project based on their understanding of the City and subject matter and our past relationships working with the individual sub-consultants on other projects. We are very confident of our proposed project team.
PLAN:
Upon selection of the project team, our Project Manager prepared a clear and concise scope of work, project schedule, and fee proposal that includes all necessary tasks to successfully complete the contract. This Plan is then reviewed by the Principal in Charge of the project and TAIT’s assigned QA/QC Manager to verify the proposed scope of work can satisfy the District’s project goals. By having the Project Manager prepare the scope and not less than two senior staff members reviewing the Scope, the City can be assured that the project team understands the work at hand.
EXECUTE:
Finally, upon selection of TAIT and the City’s issuance of the Notice to Proceed, we will actively and effectively execute the scope of work for the contract as defined herein. Our assigned Project Manager will stay in constant contact with the City and will remain available and responsive to the City’s needs through the life of the project. TAIT has excellent working relationships with each of our proposed sub consultants. At the heart of each relationship PG. 14
and team member is effective communication of the roles & responsibilities, quality requirements and scheduling needs. As can be seen in the level of detail included in this proposal, TAIT has coordinated extensively with our sub-consultants to define each of their roles and responsibilities on the contract, planning, and space planning with a strong commitment to quality assurance and quality control.
QA/QC:
TAIT’s QA/QC Program focuses on the following four
primary objectives:
1. To ensure that a quality design has been provided by following our in-house design checklists
2. To verify that different disciplines and agencies have been coordinated
3. To verify that the proposed improvements are constructible, and
4. To verify that a cost effective analysis approach was followed to achieve the client’s specific project goals and objectives.
TAIT utilizes a Total Quality Management approach.
TAIT’s philosophy is that quality control begins at day one and does not end until the project is constructed.
Quality Control is the responsibility of each and every team member. It includes the selection of project team members who have demonstrated the experience and the ability to understand and apply the project objectives to achieve a specific goal. It also requires open and continuous communication between all TAIT team members and the District team.
Timely reviews are provided prior to making submittals.
Before plans are submitted to outside parties and the agency having jurisdiction, a senior member of TAIT will conduct a detailed review of TAIT’s design to verify the quality, constructibility and completeness of the documents to be submitted. TAIT’s in-house and agency checklists will also be used in these reviews. If a Value Engineering measure is identified by the reviewer, it will be discussed with the Project Manager and Design Team Leader to determine the next appropriate action (i.e.:
implement the measure, review the measure, or conduct additional analysis to determine the feasibility and potential cost savings). At the completion of TAIT’s in-house review, the design documents are returned to the design team for corrections. The Design Team Leader is then responsible to ensure that all review comments have been properly addressed prior to submittal of the plans and reports for agency review and approvals.
SCHEDULING AND BUDGET:
Having the right project team dedicated to the project is critical to the project schedule. TAIT always staffs its projects with a project team that can deliver. TAIT’s approach to schedule is simple: “Plan the Work, Work the Plan”
“PLAN THE WORK”
Prior to commencing a project, TAIT’s team will collaborate with the Client to develop a detailed calendar of events, meetings, and submittals during the design and construction into an overall schedule. “WORK THE PLAN”
To ensure a project stays on schedule, TAIT provides a task-specific critical path team schedule along with a milestone outline. For each milestone the outline clearly defines performance expectations at each phase.
Cost Control
TAIT believes that cost control is all in the details. Clear and Coordinated documents is not enough. Clear, Coordinated and DETAILED documents are fundamental to maintaining a project budget.
Our Work!
D.
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 15
County of Orange, CA
TAIT was retained by the County of Orange to provide On-call Land Planning and Engineering Services to assist OC Planned Communities in the review of development applications for new planned communities in being developed in South County and to assist in the evaluation of County owned properties for redevelopment opportunities. Since 201 1, the TAIT team; consisting of Planners, Landscape Architects, Traffic Engineers, Civil Engineers, Storm Water Engineers, Geo-technical Engineers and Building & Safety Reviewers – have provided on-call services to the County for the review of environment planning documents, tentative and final maps, and Site Development plans for grading, buildings, landscaping, street (public and private) and storm drain improvements. Additional assignments have included the review of preliminary and final Water Quality Management Plans and the processing of Construction Permits for developer improvement plan. Engineering design services have included due diligent studies, cost estimates, site planning and infrastructure analysis.
Orange County Public Works
On-Call Land Planning and Engineering Services
Other On-Call Engineering Contracts
• On-Call Engineering Services, City of Norco
• On-Call Engineering Services, City of Diamond Bar
• On-Call Engineering Services, City of Stanton
• On-Call Engineering Services, City of Newport Beach
• On-Call Engineering Services, City of Lake Forest
• On-Call Engineering Services, City of Irvine
• On-Call Engineering Services, City, County, and Port of San Diego • On-Call Engineering Services, Port of Long Beach
• On-Call Surveying Services, South Orange County Community College District • On-Call Engineering Services, City of Lake Elsinore
• On-Call Engineering Services, City of Mission Viejo
Project Dates:
201 1-Present
Client:
OC Public Works
Costs:
Various
Key Personnel:
PIC: Jacob Vandervis
PM: Todd Schmieder
Reference Contact:
James Campbell, Project
Manager
445 Civic Center Dr. West,
2nd Flr, Santa Ana, CA
(71 4) 567-7742
[email protected]
PG. 16
Civic Center Assessment
City of Corona
Corona, CA
Architecture / Planning
2020
Dan Hinson, Jerry Mercado
Reference Contact:
City of Corona
Ryan Cortez, Economic Dev.
400 S. Vicentia Ave. Corona,
CA 92882
(951) 739-4964
Email: ryan.cortez@
coronaca.gov
TAIT provided an assessment for the City of Corona to convert the 33,000 SF historic City Hall into a community center consisting of 4 buildings. TAIT worked with the Building and Fire Department to produce a series of building analysis that looked at exiting, analyzed occupany separation to divide the building into smaller areas to achieve the most cost effective approach.
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 17
John Wayne Airport Restroom Project
Orange County Public Works
Costa Mesa, CA
Architecture / Planning /
Engineering
2018-2021
Dan Hinson, Jerry Mercado,
Jacob Vandervis
Reference Contact:
Bob Bingham-Project
Manager
John Wayne Airport
(949) 378-201 4
Email: [email protected]
TAIT & Associates was retained by JWA as part
of our on-call contract with Orange County Public
Works (OCPW). The scope of the project was to
design a unisex restroom facility that would include
four regular water closets, one that would be ADA
compliant, one mop sink and a maintenance room.
Architectural services included renderings,
color boards, floor plan, elevations, structural
plans, plumbing, electrical plans including utility
coordination, details for exterior ramps and stairs
to meet ADA requirements and coordination with
modular manufacturer. This was for a modular
building that would be connected to permanent
utilities.
TAIT also provided civil design for the project.
PG. 18
Norco, CA
The City of Norco Library Study is an incredibly
unique proposal consisting of a new city library, new
multi-purpose building, new day care center and
community out-door spaces. The current site is a city
park, TAIT was tasked with providing preliminary
design services to utilize a large part of the existing park for new community services while allowing a
portion of the site to be developed with new retail/
hotel developments to support the demand of Silver
Lakes Equestrian Park.
The design required state approval to re-purpose a
portion of the existing park and it was imperative to
illustrate how the balance of the park would support
community needs and desires.
By providing outdoor venues, coupled with facilities
to support community needs, TAIT was able to
provide a proposed design that would not only meet
the requirements of the city but promote community.
City of Norco Library
Master Planning Study
Architecture / Planning
2016
Jerry Mercado, Dan Hinson
Reference Contact:
Steve King, Community
Development Director
City of Norco
2870 Clark Ave
Norco, CA 92860
(71 4) 667-4929
[email protected]
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 19
City of Norco, CA
TAIT was tasked with providing preliminary design
services to develop a new office facility for the
Department of Navy Warfare. This space was
to house research and engineering staff while
serving as a destination for outdoor space and
gatherings.
The new facilities were to be located adjacent to
historical structures and needed to blend with the
existing Architecture while meeting at the same
time meet the functionality and space requirements
desired by the client.
After working closely with staff, TAIT was able to
blend both form and function to meet the clients
needs and maintain the historical integrity of the
campus.
Naval Weapons Center
Department of Naval Warfare
Architecture / Planning
2016
Jerry Mercado, Dan Hinson
Reference Contact:
Navsea Corona
2300 Fifth Street
Norco, CA 92860
PG. 20
Newport Beach, CA
Master Developer /
Engineering
2016-Present
Hessam Vakili, Jacob
Vandervis, Rich Tait, Trevor
Tait
Long-term ground lease of
75 years
Self-financing entitlements;
equity/debt financing
construction
Coyote Canyon
Golf Facility Development & Master Planning
TAIT was recently selected by the County of Orange to lease and develop the 300+ acre former Coyote Canyon Landfill in Newport Coast, CA.
The proposal includes an 18-hole golf course, hospitality, and other potential real estate development opportunities. The project is currently in the early phases of entitlement.
TAIT & ASSOCIATES, INC.
ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
CITY OF RIALTO • FEBRUARY 24, 2022 • PG. 21
Main Beach Lifeguard Tower Renovation
Crescent Bay Public Restroom Facilities
City of Laguna Beach, CA
Architectural Services /
Engineering
2002
Tim Virus
Renovation &
Rehabilitation
When Laguna Beach’s iconic lifeguard tower had
fallen into severe disrepair, TAIT was hired by the
City to provide architectural services to structurally
restore and preserve the beloved landmark. The
tower, originally erected in the 1 930’s had been
renovated once previously in the 1 970’s. The
City wanted to return it to a safe and functional
facility while maintaining its unique architectural
presence. TAIT’s architectural design services
where completed on schedule and on budget,
and construction was completed in three months to
allow the tower to be available by June 2002 at
the start of the summer beach season.
In addition to the tower restoration project, TAIT’s
services were also called upon by the City to
prepare construction documents for new public
restroom facilities to replace the existing facility at Crescent Bay Beach that had also deteriorated
badly from its exposure to seawater.
B-1
EXHIBIT B
FEDERAL CONTRACT TERMS, CONDITIONS, AND REGULATIONS
As used in this Exhibit B , this Agreement may be referred to as the “contract,” and Consultant may be referred to as “contractor.” In performing its Work under the Contract, Contractor must conform to all applicable federal, state, and local codes, laws, ordinances, rules and regulations, which will have full force and effect as though printed in full in the Contract. In addition to the terms, conditions, performance obligations, and other requirements set forth in the Contract, Contractor must comply with the following federal contract terms, conditions, and regulations, which are incorporated by reference in the Contract:
1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
41 CFR 60–1.4(b) provides:
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction Work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid f or in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
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 will 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 B-1
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, religi on, 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 will 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 em ployee'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 labor union or Workers' representatives of the contractor's commitments under this section, and must 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 nondiscriminati on 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 B-1
September 24, 1965, or by rule, regulat ion, 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 204 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:
Provided, however, that in the event a contractor becomes involved in, or i s threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction Work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assur ance of future compliance has B-1
been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. Davis–Bacon Act, as amended (40 U.S.C. 3141– 3148). When required by Federal program legislation, all prime c onstruction contracts in excess of $2,000 awarded by non– Federal entities must include a provision for compliance with the Davis –Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non–Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non– Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts mus t also include a provision for compliance with the Copeland “Anti –Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public Work, to give up any part of the compensation to which he or she is otherwise entitled. The non– Federal entity must report all suspected or reported violations to the Federal awarding agency.
3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701– 3708). Where applicable, all contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, 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. Work in excess of the standard Work week is permissible provided that the Worker is compensat ed 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. 3704 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.
4. Rights to Inventions Made Under a Contract or Agreement . If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract w ith 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 B-1
recipient or subrecipient must comply with the require ments of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
5. Clean Air Act (42 U.S.C . 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non– Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251– 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6. Debarment and Suspension (Executive Orders 12549 and 12689) . A contract award (see 2 CFR 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 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR 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.
7. Byrd Anti–Lobbying Amendment (31 U.S.C. 1352) . Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non –Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non–Federal award.
8. 2 CFR § 200.322 Procurement of Recovered Materials. .A non– Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR 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 program for procurement of recovered materials identified in the EPA guidelines.
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9. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The parties to this Contract agree to comply with the provisions of 43 CFR 18, New Restrictions on Lobbying, including the following certification requirements:
In accordance with 43 C.F.R. § Part. 18, Appendix A, each of the parties to this Contract certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the parties, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection wi th the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative agreement, the parties must complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The parties must require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification must be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10. Executive Order 13513 of October 1, 2009, Federal Leadership On Reducing Text Messaging While Driving. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, must encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or - rented vehicles or GOV, or while driving POV when on official Government business or when performing any Work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcont ractors, B-1
and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.
11. Drug-Free Workplace (2 CFR §182 and §1401) . The Department of the Interior regulations at 2 CFR 1401 —Government-wide Requirements for Drug- Free Workplace (Financial Assistance), which adopt the portion of the Drug- Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) are hereby incorporated by reference and made a part of this Contract. By enteri ng into this Contract, the Contractor agrees to comply with 2 CFR 182.
12. Copeland Anti-Kickback Act (18 U.S.C. 874). Contractor agrees to comply with the Copeland Anti-Kickback Act as supplemented by Department of Labor regulations (29 CFR part 5).
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EXHIBIT C
SCHEDULE OF COMPENSATION
Schedule of Fees
1. Employee Classification Hourly Rate 01 - Principal .................................................................................................................................. 180.00 17 - Senior Professional Engineer/Architect .................................................................................. 170.00 02 - Professional Engineer/Architect ............................................................................................. 165.00 90 - Senior Project Manager .......................................................................................................... 140.00 03 - Project Engineer ..................................................................................................................... 125.00 13 - Project Manager ...................................................................................................................... 125.00 19 - Construction Manager ............................................................................................................ 125.00 24 - Senior Job Captain ................................................................................................................. 115.00 16 - Job Captain ............................................................................................................................. 110.00 10 - Senior Designer ...................................................................................................................... 100.00 04 - Designer .................................................................................................................................. 90.00 70 - Drafter ..................................................................................................................................... 75.00 09 - Project Coordinator ................................................................................................................. 110.00 11 - Permit Specialist ..................................................................................................................... 95.00 18 - Project Administrator............................................................................................................... 85.00 06 - Engineering Assistant/Intern ................................................................................................... 65.00
The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m. will be invoiced at 1.5 times the posted rate.
The above rates are inclusive of phone charges, fax charges, software and licensing fees, and photocopying charges.
2. Mileage, Travel and Per Diem
Auto Mileage: Current IRS rate plus 15%
Air Travel and Auto Rental: Actual cost plus 15%
Per Diem: Actual cost of lodging and meals, plus 15%
3. Materials and Supplies
Office and CADD supplies are included in the hourly rates. Prints, plots and reproduct ions are charged at cost plus 15% from commercial blueprint companies. In-house reproduction charges are as follows:
Prints Plots Color Plots
Bond $ .95/s.f. $.95/s.f. $6.00/s.f.
Vellum 1.35/s.f. 1.65/s.f. 7.50/s.f.
4. Reimbursable Expenses
Will be billed at cost plu s 15%. Client will pay directly for all permit and age ncy fees; otherwise cost plus 15%. Subconsultant invoices will be billed at cost plus 15%.
5. Insurance Coverage
General Liability: $1,000,000
Errors/Omissions: $1,000,000
California Workers' Compensation - Statutory
Certificates of insurance coverage will be provided upon request.
Waivers of Subrogation (if required) will be billed as a 2% surcharge on all invoices.
Special endorsements will be billed to the client at cost plus 15% on the first project.
INTEREST OF 1-1/2% PER MONTH WILL BE CHARGED ON ALL PAST DUE ACCOUNTS. *APG2018 15%