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WORK MAY NOT PROCEED
A1AY 0 3 2021
CLERK OF COUNCIL
A-2021-060
DATE: CONSULTANT AGREEMENT
Q,L �.�A� I1/1 k6 0r�LM)(ti\ � CITY OF SANTAANA
t This AGREEMENT is made and entered into this 201h day of April, 2021 by and between the City of Santa
,Ana, California, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California, (hereinafter "CITY") and CLR Design, Inc. (hereinafter
"CONSULTANT").
RECITALS
A. The CITY desires to retain a consultant having special skill and knowledge in the field of
construction administration and management services for the Santa Ana Zoo Giant River Otter and
Primate Trails Project.
B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to
the CITY.
C. In undertaking the performance of this Agreement, CONSULTANT represents that it is
knowledgeable in its field and that any services performed by CONSULTANT under this
Agreement will be performed in compliance with such standards as may reasonably be expected
from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
CONSULTANT shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully and
adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto
and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of
Services which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to
Proceed.
2. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for
CITY, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated
by reference, the total amount of which shall not exceed One Hundred Eighteen Thousand Dollars and No
Cents ($118,000.00) for the term of the agreement. Compensation shall be processed in accordance with
Section 18.
3. TERM
This Agreement shall commence on the date first written above for a two-year term with the
option for the CITY to grant up to two (2) one-year renewal option(s) exercisable by the City Manager
and the City Attorney, unless terminated earlier in accordance with Section 15, below.
rev. 01/2612017 Page 1 of 8
4. INDEPENDENT CONTRACTOR
CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, ajoint venture relationship, or to allow the CITY to exercise
discretion or control over the professional manner in which CONSULTANT performs the services which
are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall
be provided in a manner consistent with all applicable standards and regulations governing such services.
CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable withholding
taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for CITY to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
CONSULTANT under this Agreement ("Documents & Data'). CONSULTANT shall require all
subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and
warrants that CONSULTANT has the legal right to license any and all Documents & Data.
CONSULTANT makes no such representation and warranty in regard to Documents & Data which were
provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at CITY's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. CONSULTANT shall maintain commercial
general liability insurance naming the CITY, its officers, employees, agents, volunteers
and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
CONSULTANT's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its
officers, employees, agents, and representatives as additional insured(s); (b) be primary
and not contributory with respect to insurance or self-insurance programs maintained by
the CITY; and (c) contain standard separation of insured's provisions.
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b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, CONSULTANT agrees
to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If CONSULTANT is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by CONSULTANT
pursuant to this section:
i. CONSULTANT shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the CITY upon execution of this
Agreement and shall be approved by the CITY.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the CITY.
iv. CONSULTANT shall supply CITY with a fully executed additional insured
endorsement.
f. If CONSULTANT fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election,
to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's
right to be paid for its time and materials expended prior to notification of termination.
CONSULTANT waives the right to receive compensation and agrees to indemnify the
CITY for any work performed prior to approval of insurance by the CITY.
INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold
harmless CITY, its officers, agents and employees (collectively, the "indemnified parties") from and
against any and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and
court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any
work performed or services provided under this Agreement arising out of, relating to or pertaining to the
negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents,
employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing
herein shall be construed to require CONSULTANT to indemnify the indemnified parties from any claim
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arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or documents
provided by CONSULTANT to the CITY pursuant to this Agreement.
9. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed
under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged to the
CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of
final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly
identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this Agreement during
regular business hours. CONSULTANT shall allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from the date of final payment to
CONSULTANT under this Agreement.
10. CONFIDENTIALITY
If CONSULTANT receives from the CITY information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, CONSULTANT agrees that it
shall not use or disclose such information except in the performance of this Agreement, and further agrees
to exercise the same degree of care it uses to protect its own information of like importance, but in no
event less than reasonable care. "Confidential Information" shall include all nonpublic information.
Confidential information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party by any
subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of
non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of the CONSULTANT disclosed in a publicly available source;
(e) is in rightful possession of the CONSULTANT without an obligation of confidentiality; (d) is required
to be disclosed by operation of law; or (e) is independently developed by the CONSULTANT without
reference to information disclosed by the CITY.
11. CONFLICT OF INTEREST CLAUSE
CONSULTANT covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
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12. DISCRIMINATION
CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit
C, attached hereto and incorporated in this Agreement by reference.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the CITY and
CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate CONSULTANT or the CITY. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied
herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT,
CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the CITY and any such assignment, transfer, delegation or subcontract without the
CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the CITY's ability to have any of the services which are the subject to this Agreement
performed by CITY personnel or by other consultants retained by CITY.
15. TERMINATION
This Agreement may be terminated by the CITY upon thirty (30) days written notice of
termination. In such event, CONSULTANT shall be entitled to receive and the CITY shall pay
CONSULTANT compensation for all services performed by CONSULTANT prior to receipt of such
notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require CONSULTANT to
deliver to the CITY all work product(s) completed as of such date, and in such case such
work product shall be the property of the CITY unless prohibited by law, and
CONSULTANT consents to the CITY's use thereof for such purposes as the CITY deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing
of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
18. PAYMENTS & INVOICES
a. Payment by CITY shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to CITY accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in
the Recitals which may reasonably be expected by CITY.
b. Invoices should be submitted on the 15th of each month and shall include the following
information at a minimum:
i. CONSULTANT's invoice number and CITY's agreement number
ii. Beginning and ending dates for services
iii. CITY Project and/or Task Order number and/or name (if applicable)
iv. Work site address/location (if applicable)
V. Tasks or deliverables completed and percentage (%) of total services completed.
vi. Remaining Overall and Task Order budget available
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any
injuries or damages to CITY in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
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20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To CITY:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714) 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714) 647-5635
To CONSULTANT:
Gregg Leicester
Principal
CLR Design
34921 Calle Del Sol
Capistrano Beach, CA 92624
Fax:(215) 564-0250
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714) 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays
shall be excluded.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
above written.
ATTEST:
s
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: is, T
J FUNK
Senior Assistant City Attorney
FOR APPROVAL:
'rrz—
NABIL SABA
Executive Director
Public Works Agency
CITY OF SANTA ANA
STINE RIDGE
City Manager
CONSULTANT:
CLR Design, Inc.
A�z�-
G& LEICESTER
Principal
Tax1D#. 23-2622204
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EXHIBIT A
SCOPE OF SERVICES
EXHIBIT A
clr
D E S I G N EXHIBIT DESIGN • ARCHITECTURE • LANDSCAPE ARCHITECTURE
mark e. beauchamp, asla • gregoryj. dykstra, aia • gregg b. leicester, asla
February 10, 2021
Mr. Michael Ortiz, P.E.
Senior Civil Engineer
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Sent via email
Re: Task 5 Services for the Santa Ana Zoo Giant River Otter & Primate Trails Project (No. 16-26SB)
Dear Michael,
As a follow-up to our email correspondence and phone conversation last week, we appreciate this
opportunity to submit a proposal for Bidding and Construction Administration Phases services for the
above referenced project. We are proud of the work our team has accomplished to date and are excited
by the prospect of the execution of this project and what this will mean for the Zoo and City of Santa
Ana community.
1. THE TEAM
CLR has retained a team of qualified consultants to provide professional services during the Bidding and
Construction phases (all consultants were involved with the design and permitting phases of work).
• CLR Design Inc. — Project Management & Administration, Architecture, Landscape
Architecture, and Exhibit and Animal Holding Design
• KPFF— Civil Engineering
• KPFF— Structural Engineering
• S&K— Mechanical, Electrical, Plumbing & Technology Engineering
• TIP— Life Support System Design
Overview: CLR Design, Inc. (CLR) is an award -winning architectural and landscape architectural firm
focused on designing zoological and botanical spaces around the world that inspire, educate, preserve
and protect. With a solid theoretical and practical design foundation, and over 35 years of focused
experience, we remain at the forefront of key innovations and trends that began with the advent of
landscape immersion and now include activity -based design for animals, adventure education, campus
ecology, and sustainable design solutions.
Our Team's work on the Giant Otter project began in December of 2016 with Preliminary Design, and we
most recently completed Detailed Design with a Bid package submission to the City on November 16,
2020.
t 215.564.0250 • w .clydesigmcom • 833 chestnut street, suite 909 • philadelphia, pa 19107
34921 calle del sol • capistrano beach,ca 92624
2. THE PROJECT
The project area is approximately ,75 acres +/- in size and Includes the following key program elements:
Renovation to the existing animal holding building
• Renovation to Amazon's Edge Habitat to house Giant River Otters in a themed naturalistic
riverine environment
• New Howler Monkey Habitat
• Primate Trail Systems
New Underwater View Area of Otters for Guests
• Redevelopment of the existing Deck View Shelter
• New/enhanced Visitor Pathways and Landscape
• Water Filtration System (LSS) for the Otter Pools
• Misc. rail systems, fencing, Irrigation, lighting, and site furnishings
Coordination with Interpretive Graphics and Elements
Budget: We understand the Construction Budget to be $3.6M +/- exclusive of soft costs and any
other direct Owner/City costs.
3. SCOPE OF WORK
Our Team has completed Preliminary Design and Conceptual Design (Tasks 1 and 2), Design
Development (Task 3), Construction Documents (Task 4) and Permitting (portion of Task 5.1) to date.
See the original 12/2016 Agreement for a description of these work phases.
CLR will provide Bidding and Construction Administration phase services for the project described above
including architecture; landscape architecture; exhibit design; caging design; and coordination of
structural engineering; MEP engineering, civil, and life support system engineering.
TASK 5.1: Bidding
The key Design Team members will participate Ina pre -bid meeting(s) as necessary In order to present
the project to bidders and answer questions. We feel that it Is critical with the uniqueness of zoo
projects such as this, that we participate in giving bidding contractors the "big picture" as well as answer
detailed questions. The Design Team will also be available by telephone/web-based meeting during the
bid process to answer questions.
Key Tasks:
• Participate in pre -bid walk-thru and Interview contractors as needed
• Review and respond to contractor RFI's during the bid period
• Issue clarifications to the Bid Documents/Addendum if necessary, for both contractors and City
Agencies as part of the permitting process
• Review Substitution Requests submitted by the contractors
• Assist with analysis of construction bids and participate with the Zoo/CM to make final
recommendations
TASK 5.2: Construction Administration
The unique nature of zoo facilities and construction requires the experienced involvement of CLR as well
as the day to day availability of our local engineering firms. It is anticipated that CLR will attend
approximately one meeting per month on -site at critical stages during construction. The CLR Team will
provide the necessary services outlined below.
Key Tasks:
• Site Observation Reports
• RFiresponses
• Review and processing of Submittals and Shop Drawings
• Issue clarifications to the Construction Documents via ASI
• Design Team attendance of weekly Owner/Architect/Contractor coordination meetings, either
via conference call or web -based application (i.e. Zoom), or on -site periodically if required
• Review of contractor Change Notifications and Change Orders (assist the City Project
Engineer/Manager with this effort)
• Review of Certificates of Payment/Pay Applications (assist the City Project Engineer/Manager
with this effort)
• Issuance of Punch -List and final Punch -List observation on -site
TASK5.3: Project Closeout
We know the importance of seeing a project through until the very end. This is the time when
contractors typically demobilize and start thinking about the next project. We feel It is imperative for the
Owner/Architect/Engineer team to stay on task to ensure the project is complete and the full vision is
realized. The CLR Team will provide project close-out services as outlined below.
Key Tasks:
• Final Punch -List observation on -site and processing of final Pay Application
• Review of Contractor provided As-Builts and issuance of PDF Record Documents. CLR and Team
will review As -Built information provided by the Contractor for completeness but are not
responsible for detailed editing/revisions. This is the responsibility of the Contractor.
• Mechanical/LSS Systems Start -Up (as required)
• Review of O&M Manuals, Warranty Packages, and Service Provider Agreements
4. SCHEDULE
The following is anticipated (Feb through May/June 2021 Schedule below provided by City of SA), dates
are approximate:
SA Zoo Giant River Otter Exhibit
RFQ
Week of February 1st
RFI Deadline
February 25th
Proposal Due Date
March 11th
Proposal Review (Committee)
March 15th - March 19th
Pre-Qual Letter
March 19th
Protest Period
Week of March 22nd
Advertisement Date
March 30th
Bid Opening Date
Aril 20th
Council Award Date
May 18th
Construction Start Date
May -June 2021
0 Construction Duration anticipated to be 12 months +/-
5. COMPENSATION
CLR will carry out the work described above for a lump sum Professional Fee of One -Hundred and one
Thousand Four Hundred Eighty Dollars ($101,480).
Reimbursable expenses are in addition to the Professional Fee and represent the cost of travel,
reproduction, scanning, mailing/shipping and long-distance communication. Reimbursable expenses are
billed as Incurred at cost and are estimated to be Five Thousand Five Hundred Dollars ($5,500). This is
not an upset limit.
Invoices are prepared monthly based upon the percentage of work completed and are due upon receipt.
If invoices remain outstanding for forty-five (45) days, CLR reserves the right to stop work on the project
until outstanding balances are resolved with an equitable adjustment to the project schedule and
compensation, if required.
Breakdown:
Consultant
Scope
Task 5Fees
CLR Design
Architecture, Landscape Architecture,
Exhibit Design Project Management
$58,080
KPFF
Civil Engineering -
$6 000
KPFF
structural Engineering
$15,840
S&K
Mechanical & Plumbing Engineering
$3,850
S&K
Electrical Engineering
$3, 850
Tip
LSS Engineering
$13,860
Subtotal
Expenses
$5,500
Subtotal
$106,9$0'
6. ASSUMPTIONS
A. If subsequent Zoo/City of Santa Ana directives alter the anticipated scope of work, CLR reserves the
right to modify this and future Proposals.
B. CLR assumes the Zoo/City of Santa Ana will provide a Project Manager who will be CLR's primary
contact, and will participate, represent, and coordinate the project with the Zoo In a timely
manner including workshop/staff coordination and Construction procedures.
C. LSS Scope Clarifications:
• Construction Administration Phase:
Visit the project site to observe construction. We (TJP) have assumed a total of two (2)
visits during CA. One TJP engineer will visit the site for one day for each visit, plus travel
time. One of these visits will be at the time of project completion and report on
completeness of construction. Typically, the LSS will be operational at this time and
may be operated by the Contractor or the Owner. This final visit will either follow up on
a previous punch list or be the time when a final punch list is created. The source of
information for the punch list will consist of Information provided to TJP, Inc. by the
Owner, the Contractor, and from visual observations that can be made during a site
walk-through,
o Inform the Owner's operational staff of the engineering principles and the original
design intent.
o Assist or provide Information during testing and start-up and acceptance of systems
from the contractor. This is sometimes referred to as "commissioning" which we define
to mean "to put Into active service." Our service consists of part-time visual
observations during field visits and does not relieve the contractor of responsibility for
completeness of construction.
Additional LSS Services (Not included in this proposal but can be added upon request):
o ILSS Operating Manual: Prepare a text only operating manual to summarize basic system
operations including filling pools, draining pools, starting the system, backwashing
filters, and other routine operations. The manual will also have recommendations for
system and component maintenance. No additional trips have been Included for
development of this manual.
■ Compensation:
➢ Professional Fee: $9,900
➢ Estimated Reimbursable Expenses: $150
o Additional Startup Service: UP would have a representative onsite for the three-day
startup and initial operations period for the new system to observe progress and
provide technical support as the Contractor runs the system. During this time, we can
also include the Zoo's operations staff that will be running the system in startup
activities to assist with training.
■ Compensation:
➢ Professional Fee: $6,600
➢ Estimated Reimbursable Expenses: $1,500
D. CLR assumes the Contractor or the City will provide special inspections and testing services
required by local agencies.
E. It is assumed that the City will print and distribute Bid Documents at their own expense, or the
expense shall be covered by bidders.
F. We anticipate utilizing the Consultant Agreement, City of Santa Ana (either new or extension to
our 12/21/2016 Agreement) Standard Form of Agreement between Owner and Architect, as our
contract, This letter will be attached to that document and will become part of the Agreement.
G. Geotechnical Engineering services are not included.
H. Interior Design Services are not included.
I. Interpretive Design Services are not Included.
We trust this proposal reflects your understanding of the desired work to be completed by the CLR
Team. Please review this proposal and if you have any questions, do not hesitate to call. If this proposal
Is acceptable to you, please execute one copy and return it to CLR for our files. We look forward to
continuing our work with you on this exciting project.
Sincerely,
el�� %
Gregg Leicester, ASLA, LEED GA
Principal
CLR Design Inc.
cc: Karen Marshall, Kelsey Weber
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates
clr
D E 5 1 G N
EXHIBIT B
EXHIBIT DESIGN - ARCHITECTURE • LANDSCAPE ARCHITECTURE
Standard Hourly Billing
Rate Schedule
Classification Hourly Billing Rate (US Dollars)
Senior Principal
$255.00
Principal
$250.00
Senior Associate
$210.00
Landscape Architect — Level 5
$190.00
Landscape Architect — Level 4
$150.00
Landscape Architect — Level 3
$125.00
Landscape Architect — Level 2
$105.00
Landscape Architect — Level 1
$ 90.00
Architect — Level 5
$190.00
Architect — Level 4
$150.00
Architect — Level 3
$125.00
Architect — Level 2
$105.00
Architect —Level 1
$ 90.00
Senior Graphic Designer
$160.00
Graphic Designer
$ 95.00
Technical Support
$ 85.00
Reimbursable Expenses Rate
Printing, Reproduction, Postage &
Long Distance Communication
Travel and Subsistence
cost
cost
The rates stated above represent current billing rates. CLR reserves the right to modify
these hourly rates to reflect increases resulting from annual salary reviews.
CLR Design, Inc., 0910112019
t 215.564.0250 • www.cirdesign.com , 833 chestnut street, suite 909 • philadelphia, pa 19107
34921 calle del Sol • Capistrano beach, ca 92624
RATE SCHEDULE (USD)
FOR SERVICES BY
UP ENGINEERING, INC.
Hourly Rates Effective January 1, 2021
(Rates will remain the some through December 31, 2021)
Senior Professional Engineer $185/1-Ir
Professional Engineer $ 165/1-ir
Associate Engineer $ 140/Hr
Senior Designer $ 115/1-Ir
Designer $ 105/Hr
Drafter $ 85/Hr
Clerical $ 75/Hr
Travel days will be billed at 8 hours times the normal billing rate unless otherwise
agreed in writing. Travel expenses will be reimbursable and include all reasonable
items associated with the client's travel request which include but not limited to
hotel, plane (business class for flights longer than 6 hours), car or taxi, breakfast,
lunch and dinner, long distance telephone or internet services while traveling.
Project reimbursable shall include all reasonable expenses expended in the course
of providing services as defined within the project scope and approach.
The above rates and charges include normal clerical services, office equipment
and materials used in connection with providing our engineering services, except
as noted above or within our written proposal or agreement. Monthly billings will
be furnished for all services rendered. Payments shall be due and payable upon
presentation of invoices. All rates are effective until December 31, 2021. For
contracts beyond December 31, 2021 there will be a 4% increase per year, unless
otherwise agreed upon in writing. All fees will be billed using the current rate in
effect unless otherwise stipulated by proposal or agreement.
700 South Flower Street, Suite 2700 Los Angeles, CA 90017 273.478.0201 kpff.com
KPFF CONSULTING ENGINEERS
LOS ANGELES CIVIL DIVISION
HOURLY RATE SCHEDULE
2021
1Tff
PRINCIPAL-IN-CHARGE..............................................................
$250.00
SENIOR CIVIL ENGINEER............................................................
$205.00
PROJECT MANAGER......................................................................
$185.00
PROJECT ENGINEER/PROJECT SURVEYOR
............................. $155.00
DESIGN ENGINEER/SURVEY ANALYST...................................$140.00
CHIEF CAD OPERATOR................................................................
$170.00
DRAFTER/CAD OPERATOR.........................................................$140.00
ADM I N ISTRATIV E/SECRETARY....................................................
$95.00
FIELD SURVEY - KPFF RATES
ONE -PERSON SURVEY CREW.....................................................$175.00
TWO -PERSON SURVEY CREW ..................................................
$230.00
THREE -PERSON SURVEY CREW ..............................................
$285.00
FIELD SURVEY - PREVAILING WAGE RATES
ONE -PERSON SURVEY CREW ....................................................
$190.00
TWO -PERSON SURVEY CREW ..................................................
$330.00
THREE -PERSON SURVEY CREW ..............................................
$395.00
Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and
services will be billed at the hourly rates in place at the time the service is provided.
KPFF CONSULTING ENGINEERS
HOURLY RATE SCHEDULE
2021
PRINCIPAL -IN -CHARGE ..................................
SENIOR PROJECT MANAGER .........................
PROJECT MANAGER .............
PROJECT ENGINEER..
DESIGN ENGINEER ........................................
PROJECT DRAFTER .................................
lqjff
........... $250.00
........... $205.00
........... $185.00
........................... $155.00
DRAFTER / CAD OPERATOR .................................
ADM IN ISTRATIV E/SECRETARY...............
.... $140.00
.................... $165.00
.... $140.00
...................... $95.00
Note: Hourly rates will be updated on an annual basis throughout the duration of the project,
and services will be billed at the hourly rates in place at the time the service is provided.
S&K Mechanical, Electrical,
Plumbing Engineering Rates
EXHIBIT C
CERTIFICATIONS
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is -genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that
making a false �ei j*ation may subject the certifier to criminal prosecution.
Signed
T Ivan; a
State of t?afifamia- Pz n n 3 N
County of ,C I 1 h ; a
Subscribed and sworn to (or affirmed) before me on this aO y 4` day of ifiwJ, 202J by
&-t e qq J�ces fc,- , proved tome on the basis of satisfactory evidence to be the person(s) who appeared
before Hme.
Notary Public Signature
Comngnvrea th of Pennsylvania - Now— tary Seal
NAREN E. MARSHALL, Notary Pubtfc
Philadelphia County Jj1[
Aty Commission ExpirE, April 27, 2024
Commission Number 1206934
Notary Public Seal
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with 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 any officer or employee of any federal 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, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
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 shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
Firm CL e Oe 5 1 9 n l rt G
Signed and Printed Name:
Title (r i a C , d I
Date M &ra ay a02-
}Ce5te,—
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall 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.
5. The Consultant shall 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/her 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.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) 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 subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title: P r i n C i P Q I
Firm: C L(C Oe S yr ! n c .
Date: YYlar211 1204