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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 21" day of November, 2005 by and
between Ruth Hasell AIA Architect, a sole proprietor (hereinafter "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
architectural design services.
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:
SCOPE OF SERVICES
Consultant shall perform those services as set forth in City's Request for Proposal dated
September 14, 2005, attached as Exhibit A to this Agreement and Consultant's Proposal dated
October 3, 2005, attached as Exhibit B to this Agreement.
2. CITY OBLIGATIONS
City shall provide Consultant with all records in the possession of City which will be of
assistance to Consultant in the performance of this Agreement.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit C. The total sum to be expended under this
Agreement shall not exceed $200,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) 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.
4. TERM
This Agreement shall commence on the date first written above and terminate on
expenditure of funds allocated to this Agreement, unless terminated earlier in accordance with
Section 12, below.
5. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS,
PROGRAMS AND SYSTEMS
Any and all records, papers, drawings, specifications, programs, systems and other
materials prepared by Consultant pursuant to this Agreement (hereinafter "Work Product") shall
be the property of City. Consultant agrees to provide City with any such materials whenever
requested to do so. City shall reimburse Consultant for reproduction costs. Said Work Product
shall be submitted in a hard copy and in a form compatible with City's computer system, as
agreed between the Project Manager and Consultant.
In regard to all copyrightable Work Product produced as part or result of this project, the
Consultant understands and shall ensure that all of Consultant's affected officers, employees,
agents, contractors, and volunteer workers also understand that (a) such Work Product may not
be copyrighted without prior review from the City: (b) the authors of all such Work Product,
whether copyrighted or not, award to the City, and to its officers, agents and employees acting
within the scope of their official duties, as a condition of payment to the Consultant, a royalty -
free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such Work Product. City shall indemnify and
hold harmless Consultant from liability arising from the use of such work product without
Consultant's involvement.
6. 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, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
7. 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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit D upon
execution of this Agreement and shall be approved in form by the City Attorney.
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 3300
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. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
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 in form by the City Attorney.
(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.
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 effect 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.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
negligent acts, errors or omissions of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, including fees and costs for special counsel to be selected by
the City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
9. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
11. NOTICE
Any 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 telefacsimile or other telegraphic communication in the manner provided in
this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Public Works
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
and
Santa Ana, California 92702
telefacsimile (714) 647-5622
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Ruth Hasell AIA Architect
455 West First Street, Suite B
Tustin, California 92780
Telefacsimile (714) 242-2027
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. If sent by
telefacsimile, 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. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
12. 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 nor
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 are not embodied herein.
13. 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.
14. 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 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.
15. 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.
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. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALN�
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:Ce.,
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
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DAVID N. REAM
City Manager
RUTH HASELL AIA ARCHITECT
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Principal
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EXHIBIT D
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
REQUEST FOR PROPOSAL
ON -CALL CONTRACT FOR
ARCHITECTURAL SERVICES
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
SANTA ANA, CALIFORNIA 92702
PROJECT DIRECTOR
Souri Amirani
Principal Civil Engineer
Phone (714) 647-5640
REQUEST FOR PROPOSAL
ON -CALL CONTRACT FOR ARCHITECTURAL SERVICES
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The City is soliciting proposals from professional architectural firms to provide
architectural design services to prepare contract documents (plans,
specifications and "Opinions of Probable Cost") and to provide limited field
observation and construction support on an as needed basis. The total amount
of each contract shall not exceed $200,000. A detailed scope of work will be
outlined when specific project is assigned to a consultant.
Upon receiving this Request for Proposal (RFP), consultant shall notify the City
regarding its intent to respond to the RFP.
From the proposals received, the City will enter into an agreement with the
selected firms.
The work, in general, consists of general architectural design projects of City
owned facilities citywide. The projects may include new construction or
retrofitting of existing structures, landscaping and irrigation systems; and other
related projects as required. In addition, City may need mechanical, electrical,
structural, or geotechnical services for smaller projects.
The consultant must be able to assist the City through this contract to provide the
services needed. The consultant shall utilize in-house staff and/or sub -
consultants satisfactorily to the City to complete the assignments. For
specialized work for which the prime consultant will require a sub -
consultant, the prime consultant shall serve as an administrative liaison
between the City and the sub -consultant. The prime consultant mark-up for
sub -consultants shall not exceed 10%.
The proposal shall be limited to fifteen (15) pages, excluding any appendices
material. A cover letter shall summarize key factors and guarantee that key
personnel shall be committed to perform the required tasks throughout the
duration of the contract. A fee schedule described in the section "Supplied to
Offeror" is to be included.
PROPOSED SCOPE OF SERVICES
In general, the Consultants shall perform architectural design, civil engineering,
and landscaping services resulting in contract documents (plans, specifications
and cost estimates) for various projects on an as -needed basis. The
Consultants shall also provide all field survey work required to complete the
designs.
The Consultant's services shall include, but not be limited to, the following:
2
1. Research existing utility company and City records and coordinate proposed
improvements with existing field conditions.
2. Provide all field survey and topographic work necessary to complete the
design effort. All survey field notes shall be submitted to the City and shall
become property of the City upon completion of the project.
3. Assess and incorporate all design criteria and construction requirements
conforming to the City of Santa Ana and other governmental agency
requirements including, but not limited to handicapped requirements, safety
provisions, CBC, seismic considerations, orientation, mechanical, electrical,
maintenance factors, flood zone requirements, fire and security codes.
4. Complete design of projects including plans, specifications, and "Opinions of
Probable Cost". Consultant shall contact manufacturers and/or contractors to
verify these costs prior to submitting to the City. Specifications shall be
written in Microsoft Word and an electronic copy of the final version shall be
furnished to the City. The City will provide the specification boiler plate to the
Consultants.
5. All preliminary and bid sets of plans shall be plotted on bond paper. All
drawings shall be 24" x 36" on City standard title block and title sheet.
6. All original plan sheets, the title sheet of the specifications, calculations, and
reports shall be signed and stamped by the Consultant's licensed
professional architect/engineer in responsible -charge of the project. These
signed originals shall then become the property of the City.
7. Upon completion of construction, as-builts shall be submitted to Consultant.
Consultant shall incorporate all changes to the plans electronically with all
necessary revision notations. Once plans have been updated, a signed set
of as -built mylars shall be submitted to the City with an electronic copy of the
final as -built drawings via CD or e-mail.
8. Consultant shall tightly control the quality of the work performed by in-house
staff and/or sub -consultants. Incomplete (not meeting targeted %
completion) or poor quality work will not be accepted. The consultant shall
need to revise the documents within a revised schedule set by the City, which
may require overtime. No additional regular or overtime hours shall be
approved for the required revisions.
9. Attend meetings with City's staff as required.
10.Coordination with other Agencies as required.
11.Plan check coordination with the City of Santa Ana and other agencies as
required.
12.Consultant shall provide construction support and be required to review and
approve addenda and clarifications to plans and specifications. Consultant
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shall attend pre -construction meetings, attend initial job walk, final walk-
through and assist with preparation of punch list, and attend final inspection
as requested by City staff.
CITY RESPONSIBILITIES
In general, the City will be responsible for the following items:
• Providing copies of available plans and existing documentation on file.
• Providing standard City boilerplate spec.
• Acting as a liaison with the appropriate decision making bodies.
• Furnish electronic design file with City title block and title sheet (24" x 36")
• Process plans for governmental agency approvals having jurisdiction over
the project and pay for all plan check fees.
• Reproduce final Contract Documents for bidding purposes. All
reproduction costs prior to bid documents are the responsibility of the
consultant.
TENTATIVE SCHEDULE
Issue Request for Proposal (RFP)
09-14-05
Submit Proposal
10-04-05
Select Consultants
10-21-05
Award Contract
11-21-05
Proposals are due in the office of the Executive Director, Public Works Agency,
at 20 Civic Center -Ross Annex (M-83), 4th Floor, Santa Ana, Attn: Souri Amirani
on or before 5:00 p.m., September 29, 2005.
ISSUING OFFICE
Santa Ana Public Works Agency at 20 Civic Center -Ross Annex M-36, Third
Floor, Santa Ana, California 92701. Telephone (714) 647-5640.
CONTRACT CONSIDERATION
Since total actual cost cannot be pre -determined, a fee for each assigned project
shall be negotiated. The Consultant shall be paid based upon hourly rates, unit
costs or fixed fee for services rendered.
PROPOSAL REJECTION
The City reserves the right to reject any or all proposals submitted, and is not
liable for any pre -contractual expenses:
Pre -contractual expenses are defined as expenses incurred by the offeror in: (a)
preparing the proposal in response to this RFP; (b) submitting that proposal to
the City; (c) negotiating with the City in any matter related to this proposal; (d)
any other expenses incurred by offeror prior to date of award, if any, of the
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contract. Offeror shall not include any such expenses as part of the price as
proposed in response to this RFP.
ADDENDA
Any subsequent changes in the RFP from the date of issuance to the date of
submittal will result in an addendum by the issuing office to those parties who
have provided the proper notice of interest in responding to the RFP.
PROPOSAL CONTENT AND SIGNATURE
Five (5) copies of the proposal shall be required with all copies having been
signed by the individual or, if a company, the company official with the power to
bind the company in its proposal. To be considered, all proposals shall be
completely responsive to the RFP.
ACCEPTANCE OF CONTRACT
The contents of the proposal of the successful consultants shall become a
contractual obligation if a contract ensues. Failure of a consultant to accept this
obligation shall result in the cancellation of any award. Any damage accruing to
the City as a result of a failure to contract may be recovered from the consultant.
A sample agreement is attached for reference.
PRIME CONSULTANT RESPONSIBILITIES
The selected consultants shall be required to assume responsibility for all
services offered in their proposals. The selected consultants shall be the sole
point of contact with regard to contractual matters, including payment of any and
all charges resulting from the contracts.
DISCLOSURE
Any information, other than cost and price, which a consultant does not wish to
have disclosed, other than for the purpose of evaluation, should have each
applicable sheet or part marked "Confidential' — this data shall not be disclosed
or duplicated, used or disclosed in whole or in part for any purpose other than to
evaluate the response; provided that: the contract is awarded to this offeror, or
as a result of or in connection with the submission of such information, the City
shall have the right to duplicate, use or disclose this information to the extent
provided in this contract. This restriction shall not limit the City the right to use
information contained herein if it is obtained from another source.
DELAYS
The City reserves the right to delay scheduled dates if it is to the advantage of
the City.
5
RULES FOR PROPOSALS
The signer of the proposals must declare in writing that the only person, persons,
company or parties interested in the proposal as principals, are named therein;
that the proposal is made without collusion with any other person, persons,
company, or parties submitting a proposal; that it is in all respects fair and in
good faith without collusion or fraud, and that the signer of the proposal has fully
authority to bind the principal proposer.
METHOD OF PAYMENT
The consultant shall submit a monthly invoice to the City for the service rendered
in that month. The invoice shall include a detailed breakdown of the services,
project title and limits, the tasks, the hours, and the unit costs or the hourly rates
or percentage completed. Monthly payments will be made for work completed
during the preceding month, except that no more than 85 percent of the total
contract price shall be paid until the work is considered by the City to be 100
percent complete.
REGULATIONS
The selected consultants shall be expected to comply with all applicable federal,
state and local regulations, building codes, and contract provisions. The ensuing
contract shall contain such contractual provisions and conditions necessary to
define a sound and complete agreement.
INFORMATION REQUIRED FROM CONSULTANTS
Proposals shall be submitted in the format as described below:
Organization and Credentials
Provide a synopsis of the consultant's qualifications and past
experience.
Provide a narrative rendition of the technical work plan. Show how all
required tasks are to be completed.
Staffing
The consultant shall identify their Project Manager as well as other key
personnel to be assigned to the project, their qualifications, education,
representative experience, and their capability to explore and resolve
problems.
N
Subconsultants
Identification is required of any contemplated subconsultants to be
used during the project, with the identification of personnel to be
assigned, their qualifications, education, and representative
experience.
SUPPLIED TO OFFEROR
The offeror shall furnish a fee schedule for the proposed service. The offeror
shall also complete Attachment "A" (Consultant Rate Comparison Form) located
at the end of the Request for Proposal and include it with the fee schedule.
The fee schedule (3 copies) and Attachment "A" shall be separately bound,
sealed, and submitted to the City. The fee schedule shall include the following:
A. Hourly rate for each personnel category.
B. Any other direct charges.
C. Indirect cost or overhead.
D. Cost of supplies and materials (itemized).
Consultant may submit a revised fee schedule at the beginning of the calendar
year for any adjustments to the hourly rates. The City must approve the revised
hourly rates in writing prior to the revised rates taking effect. The consultant may
be required to submit supporting back-up documentation for the revised fee
schedule changes.
Total cost for the contract shall not exceed $300,000.
ADDITIONAL INFORMATION AND COMMENTS
The contents under this heading are left to the discretion of the consultant.
Material shall be pertinent to the proposal, but not otherwise requested in the
RFP.
CRITERIA FOR SELECTION
An evaluation committee appointed by the Executive Director of the Public
Works Agency will review the proposals. The criteria for evaluating the
proposals submitted will take the following items into consideration:
• Experience and reputation of the firm including a verification of data and
references.
• Experience and credentials of key personnel assigned to the project.
• Understanding of project objectives and work tasks as evidenced in the
written narratives and oral interview.
7
• Adherence to Schedule: Demonstrate that the present workload of the
firm and the availability of staff for the project shall enable staying on
schedule.
• Consultant's past record of performance in similar projects related to
control of costs, quality of work and meeting schedules.
• Familiarity with City design and construction specifications and
procedures.
• The City's prior experience with the consultant.
• Familiarity with the geographical area of the project.
• Fee (separate sealed envelope).
The ultimate consultant selections shall be based upon both technical merit and
cost competitiveness.
THE CITY'S AFFIRMATIVE ACTION PROGRAM
The City has an affirmative action program. The purpose of the affirmative
action program is to encourage certified minority business enterprises and
women business enterprises. All submitting firms must have established
affirmative action programs approvable by the City. The attached "Certification of
Non -Discrimination by Contractors" shall be completed by each submitting firm
and included in the proposal (Attachment "B").
INSURANCE REQUIREMENTS
A certificate of insurance is enclosed for your reference (Attachment "C").
Please refer to the sample agreement for the necessary amounts of general
liability, automotive, worker's compensation and professional liability insurance.
The appropriate endorsements are also shown within the sample contract
agreement (Attachment "D"). The certificate shall include the City of Santa Ana,
its officers and employees as insured or additional insured.
II
R U T H H A S E L L
® a r c h i t e c t
10/03/05
Souri Amirani
Office of the Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center M-36
4th floor
Santa Ana, California 92702
re: request for on -call architectural services
Ms. Amirani: We are pleased to submit the following proposal for your
consideration in choosing a team for the design services.
In your choice of consulting team, some variables you might consider:
• fit, comfort - is there a chemistry of culture, listening, communication, trust
with the design team that you are considering?
• design and construction experience — do they have enough experience to
expose opportunities and evaluate tradeoffs in the decision making process?
• design management experience — with the design process, the programming
process and the management of participants to articulate the City's vision?
• appropriate tools / contacts to support the process — do they have the
methodology, tools and relationships needed to get the job done?
• intellectual perspective — can they creatively express diverse objectives,
needs and resources?
• intangibles - heart, talent, energy, tenacity?
We guarantee that the key personnel identified in the attached proposal will be
committed to perform the required tasks for the duration of the project.
If enthusiasm alone were qualification enough, we know that you could choose no
better.
Best regards,
041�_ A,4�
Ruth Hasell AIA
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M I S S I O N
To work with the City of Santa Ana on an on -call basis to provide architectural
design services.
ORGANIZA)TION AND CREDENTIALS
What defines our practice is our belief that design excellence starts with
understanding and involving people — their aspirations, institutions, activities,
program needs, values, associations and references. We listen passionately and
then design for an appropriate fit. The quest for design excellence — that critical
thinking that synthesizes the material, intellectual and spiritual — is both motivation
S and goal.
i
PROJECT TEAM
We have assembled the following project team and suggest the following
organizational diagram.
Staff
Design
Review
Team
Client Project
coordinators
Users
Stake -
Holders
Ruth Hasell
AIA
architect
coordinator
Burton & Company
landscape architects
JRV engineering
civil engineers
TKSC
M/P engineers
RH AIA
studio Tony Dormanesh
structural engineer
code consultant
Cummings,LLC
cost consulting
RUTH HAS ELL AIA architect
T.
Foothill House
We are a full service architecture and design practice, established in 2001, with many years
of experience working together on noteworthy Orange County projects. We believe that
architecture is essentially placemaking. From warehouse to playhouse, regardless of scale,
size or use, the buildings around us provide the setting for our lives. The quality of the
places that we live in directly affects us, whether in the workplace, at home or the wide
variety of pubic spaces in between.
We offer our clients end to end services for:
Feasibility Studies / Programming / Branding
Strategic Space Planning
Master Planning / Urban Design / Architectural Concept Generation
3D Computer Modeling / Animation
Interior Design Services / Furniture Selection & Specification/ Custom Furniture Design
Full Construction Documentation
Materials Research and Specification
Permitting / Approvals / Contractor Bidding / Negotiation
Construction Administration / Post Occupancy Services
RELEVANT PROJECTS
Chiarini Properties Professional Office Building complete site planning and schematic
design for a 1500 sf professional office building in Santa Ana (Ruth Hasell AIA architect)
19" Street Craftsman Remodel complete schematic design & construction documents
for a 2000 sf residential remodel- Floral Park Santa Ana (Ruth Hasell AIA architect)
LeBlanc House design and construction documents for 2000 sf custom residential
remodel — Santa Ana (Ruth Hasell AIA architect)
Day House design and construction documents for 5000 sf addition/ remodel, 1500sf
guest house, and site / landscape design for one -acre property (Ruth Hasell AIA architect)
Notre Dame de France School complete programming, site planning and schematic
design for a 50,500 sf private parochial school in North Tustin (Ruth Hasell AIA architect)
Zeigler House design and construction documents for 2500 sf addition/ remodel (Ruth
Hasell AIA architect)
Foothill House design and construction documents for 4000 sf custom house (Ruth
Hasell AIA architect)
Jones House design and construction documents for 2500 sf remodel (Ruth Hasell AIA
architect)
Holloway House design and construction documents for 2500 sf remodel (Ruth Hasell
AIA architect)
Quiksilver Corporate Headquarters design and project architect through all design
phases for 110,000 sf corporate headquarters (Bauer and Wiley Architects)
CSUF Band Room design and project architect for the acoustical, systems and interior
renovation of 4000 sf classroom/performance space (Bauer and Wiley Architects)
Ocean Institute project architect for schematic design (Bauer and Wiley Architects)
Burton & C
pe architecture
Pamela Burton & Company, established in 1975, is a Santa Monica based corporation
offering comprehensive landscape, urban design, and master planning services to civic,
institutional, commercial, and residential clients. The firm integrates the disciplines of art,
architecture, and landscape in order to extend conventional notions of landscape
architecture and lend meaning to the environment.
D O R M A N E S H ENGINEERING / structural engineering
Dormanesh Engineering is located at 137 South Prospect Avenue in the City of Tustin, California.
They provide services in the field of building inspection, plan review, structural and civil engineering,
project management, and other related services on a contract basis.
relevant projects
Edward's Theaters complexes at ParamounS Irvine and Norwalk
Irvine Spectrum Entertainment Center 900,000 square feet 47 acres grading and budding plan check
Kell Center Irvine 6 high rise building 1,500,000 square feet building with post tensioned parking structures.
jamboree Center Irvine 2,000,000 square feet high rise buildings grading and building plan check
Development of computerized plan check project for the City of Irvine.
UCI Center 500,000 square feet of retail, office and entertainment
TKSC/MP engineering
Tsuchiyama Kaino Sun & Carter is a Consulting Mechanical Engineering firm that draws upon over 25
experience in a diverse range of projects. TKSC provides technical expertise, construction documents
and construction administration services with a commitment to comprehensive consulting toward
progressive and practical design solutions
Understanding that energy efficiency and environmental quality is a whole -building effort, a keen
awareness of Architectural, Structural, Electrical, and Acoustical programming requirements is of
utmost importance in their daily activities. Ultimately, the firm strives to provide design services for
highly efficient and well -integrated mechanical systems, while meeting functional, aesthetic, cost and
schedule requirements for every project.
CUMMINGS LLC/ cost consulting
Established in 1996, Cumming, LLC provides cost estimating and value engineering services to design
professionals and owners. We offer our clients the latest in aggressive time and cost control
methods available in the industry. By combining the most advanced database, graphic and spreadsheet
capabilities with exceptional professional expertise and experience, we create estimates that become
valuable management tools.
reIevamt projects
World of Birds, Los Angeles Zoo
Heart of the Zoo 111, San Diego Zoo
Quiksilver Headquarters, Huntington Beach
Ocean Institute, Dana Point
Discovery Pavilion (Education/Conference Center)
W O R K P L A N/ PROCESS
Our design process is rigorous - essentially the same steps regardless of scope or scale. But
the questions are never the same. Each project - and each problem - demands fresh attention.
Good design and a successful project require a thorough understanding of the issues and a
step-by-step analytical procedure.
• establish goals - where do we want to go?
• collect and analyze facts - where are we now?
• uncover and test concepts - how can we get there?
• determine needs - what can we afford ? when should we do it?
synthesis - state the problem — what are the critical factors? priorities?
To uncover answers to these questions, we research existing conditions and applicable codes,
survey existing examples and involve key stakeholders. We continue active collaboration with
clients and stakeholders until a concept emerges that resolves the identified issues - and that
captures the vision and aspirations of the project.
We work closely with our consultant team at every stage of the process. Cost management is
of great importance, and value engineering begins in program analysis. A wide range of
supporting skills underpins the work at every phase, including model -making, 3D CAD
drawing and visualization.
ACTIVITIES AND TASKS
TASK 1 / project initiation
1.1 project initiation /organization
This will be a meeting to review project approach/ schedule; confirm client
participants, their roles and responsibilities; to review information needs; field
initial questions regarding the objectives of the City; and initiate preparation for
the next steps.
TASK 2/ program analysis - design development
2. 1 goal setting
We shall conduct a goal/ vision setting meeting with City staff (and any
stakeholders that they would like to include) to establish the overall goals and
discuss aspirations for the project. These goals and aspirations become the
criteria by which the project concepts and recommendations can be measured.
2.2 information gathering
We will assemble, analyze and synthesize facts pertaining to the project.
2.3 assess and document requirements
We will assess requirements, develop concepts, review facts, and identify issues.
2.4 verify / document utility design requirements
We will plot all known utilities within the affected area, review our findings with
appropriate City Staff and work with the City to resolve conflicts.
2.5 assess / document existing systems and performance criteria
2.6 topographic survey for the site
2.7 perform assessment of existing facilities
We will develop an ADA review checklist and review it with Santa Ana Building
and Safety prior to performing the assessment of the existing conditions. We will
supplement our field survey documentation with digital photographs.
2.8 site analysis
2.9 prepare site concepts
Based on the farts we have gathered and on input from our meetings, we shall
develop and refine alternate concepts addressing the site, building and systems.
2.10 schematic design
We will develop the approved concept into a schematic building design, which
will include schematic landscape, structural, systems, civil and cost analysis input.
We will document the schematic designs with plans, sections, elevations and
sketches as appropriate to communicate the design for the City's approval.
2.11 design development
Working closely with our consultant team, we will prepare, for the City's'
approval, documents (plans, sections, elevations, sketches, wall sections,
preliminary details, outline specs) which further refine and explain the drawings
approved to date.
2.12 coordination
We will attend meetings with the City at intervals deemed appropriate by the
City. We will document all team and client meetings in a database that tracks
meeting minutes, action items and issues. With this tool, we can identify open
items and track the history of issues before they become a problem. We will
furnish the City two copies of any minutes, reports, estimates or analysis that we
prepare. We will furnish monthly Progress Reports (two copies) to the City at
least four days before the monthly project meeting.
TASK 3/ construction documents
3. 1 construction documents kick-off meeting
At this meeting we will review client and in-house coordination and comments;
confirm project schedule; confirm consultant roles and responsibilities; review
information needs; field questions; and initiate preparation for the next steps.
3.2 50% CD's
We will prepare architectural, landscape, civil, structural, mechanical, electrical,
and plumbing documents (plans, sections, elevations, wall sections, details,
schedules and specifications as appropriate to each discipline) to 50% completion
for review and coordination. This allows us to identify and resolve conflicts and
to perform a quality and coordination check on the documents.
3.3 opinion of probable cost
The 50% set will be submitted to the Cost Consultant to initiate his opinion on
the probable cost. At this point there is enough information to get meaningful
results, yet time enough left to make value engineering modifications if required.
His opinion will be updated with the 95% complete set and submitted with that
set to the City.
3.4 95% CD's
We will prepare architectural, landscape, civil, structural, mechanical, electrical,
plumbing and cost documents (plans, sections, elevations, wall sections, details,
schedules and specifications as appropriate to each discipline) to 95 %
completion for submittal to the City (10sets) for interagency review and
approval. We will also use this milestone for in-house review, coordination and
quality check.
3.5 100% CD's
We will revise the submitted documents as required for approvals and to
incorporate any in-house review comments. We will submit stamped and signed
originals as required by the City.
3.6 bid and negotiation
We will assist with clarifying any questions during the bid process.
3.7 coordination
We will attend meetings with the City at intervals deemed appropriate by the
City. We document all team and client meetings in the database described
previously. We will coordinate and review all work performed in-house and by
sub -consultants. We will furnish monthly Progress Reports (two copies) to the
City at least four days before the monthly project meeting.
f�
TASK 41 construction administration
4.1 pre -construction meeting
4.2 field observation
We will review the construction schedule and identify milestones for field
observation by appropriate members of the project design team.
4.3 submittals and RFI's
We will review the Contractor's submittal schedule to help identify any conflicts
that might arise. We will review submittals and respond to RFI's. We will keep
records of submittals, RFI's, field observations, etc. in a data base that tracks
issue responsibility, when and to whom the submittal is routed and when a
response is due.
4.4 final walk-through/ punch list
Design team members from all participating disciplines will attend the final walk-
through and prepare punch lists.
4. S final inspection
We will attend the final inspection.
STAFFING/ Ruth Hasell AIA architect
Ruth Hasell AIA, principal
Ruth has 25 years of educational, residential and commercial architectural experience working in
senior positions with well recognized architectural firms. She founded this practice in 2001. She has
acquired expertise in all phases of the design process, from preliminary planning and programming to
completion of construction. She will be directly involved in all aspects of the projects.
PROFESSIONAL AFFILIATIONS
Member AIA /Registered Architect, CA #17962
EDUCATION
Bachelor of Architecture, Carleton University Ottawa, Canada 1979
PROFESSIONAL EXPERIENCE
Ruth Herself aia architect
Principal, 2001-present
Bauer and Wiley Architects
Senior Architect, 1997-2001
R. L Binder, FAIA Architecture and Planning
Associate and Senior Architecq 1984-1996
Joint Venture/Arthur Erikson Architects / Kamnitzer Cotton Vreeland I Gruen Architects, 1980-1981
Kamnitzer Cation Vreeland, 1979-1980
REPRESENTATIVE PROJECTS
Chiarini Properties Professional Office Building complete site planning and schematic design for a I S00 sf professional office building in Santa
Ana (Ruth Hasell AIA architect)
19th Street Craftsman Remodel complete schematic design & construction documents for a 2000 sf residential remodeF Floral Park, Santa
Ana (Ruth Hasell AIA architect)
LeBlanc House design and construction documents for 2000 sf custom residential remodel — Santa Ana (Ruth Hasell AIA architect)
Notre Dame de France School, programming/ schematic design for a 50500 sf private parochial school (Ruth Hasell, aia architect)
Foothill House, design/construction documents for 4000 if custom residence in Cowan Heights. (Ruth Hasell, aia architect)
Dennis and Deanna Holloway House, design/construction documents/ for a 3000 if remodel. (Ruth Hasell, aia architect)
Ziegler House, design/construction documents/ for remodel/ addition. (Ruth Houel( aia architect)
CSUF Band Room, design/project architect for renovation of 4000sf classroom/performance space. (Bauer and Wiley Architects)
CSUF Humanities Building, design/project architect for addition/seismic upgrade of Humanities Building (Bauer and Wiley Architects)
Fletcher Jones Management Heodquarters, design/project architect - renovation corporate headquarters (Bauer and Wiley Architects)
Quiksilver Corporate Headquarters, design/project architect, a 110,000 sf corporate headquarters for a leading Orange county
surhvear manufacturer. (Bauer and Wiley Architects)
Quiksilver Distribution Center, architecture/design - renovation of a 225,000 sf distribution center. (Bauer and Wiley Architects)
CSUF Vsuol Arts Lecture Hall, design and project management for renovation of a large lecture hall. (Bauer and Wiley Architects)
Ocean Institute, Dana Point California, project architect for programming /conceptual design of new 30,000 if Marine Learning
Center. (Bauer and Wiley Architects)
LAUSD Eagle Rock Elementary School, design /project architect, for a 16,000 if stand-alone classroom/multipurpose room building at
a 125 year old campus. (RL Binder FAIA Architecture & Planning)
UCLA Ackerman Student Union Addition and Renovation, team member for programming, concept design, design development and
interior design of 50,000 sf mixed use program. Architectural services for the seismic upgrade of the entire building. (RLBinder
FAIA Architecture & Planning)
UCSD Visual Arts Facility, programming /concept design for 71,500 sf academic arts campus. (RL Binder FAIA Architecture & Planning)
UCI Humanities & Arts Campus, programming, seismic /accessibility upgrade 7campus buildings (RLBinder FAIA Architecture & Planning)
UCI Social Sciences Campus, programmingiseismic /accessibility upgrade 3campus buildings. (RL. Binder FAIA Architecture & Planning)
UCI Satellite Food Service Facility, concept /interior design for 6,000 sf campus dining facility (RL Binder FAIA Architecture & Planning)
UCLA Seismic Assessments, A&E assessments 7campus buildings(2 historical) (RL Binder FAIA Architecture & Planning)
USC Seismic Assessments, A&E assessments for 5 general campus buildings. (RL Binder FAIA Architecture & Planning)
LAUSD Kennedy High School, ABE assessments for 12 general campus buildings. (RL Binder FAIA Architecture & Planning)
LAUSD Kennedy High School Performance Arts Bldg, design/project architect for renovation (RL Binder FAIA Architecture & Planning)
LAUSD Kennedy High School LAb/Classroom Bldgs design/project architect for renovation (RL Binder FAIA Architecture & Planning)
Beth House, compete architectural services 4,500 sf custom residence in Villa Park. (Ruth Hasell, AIA)
California Center, Bunker Hill Competitor, design team participant for winning entry (AEAIGruen1KCV/ faint Venture Architects)
STAFFING/ Ruth Hasell AIA architect
ADRIENNE D A N E T, senior associate
Adrienne combines thoughtful analysis, a very strong design orientation, and emergent management
capabilities. Adrienne was responsible for extensive coordination with user groups for the NDDF
elementary school and currently manages a number of the firms projects. Prior to joining RHA,
Ruth and Adrienne worked together for years on a number of significant Orange County projects;
Quiksilver Headquarters; Ocean Institute; Cal State Fullerton Visual Arts renovation.
Education Bachelor of Architecture, cum laude
Cal Poly San Luis Obispo/ San Luis Obispo, CA 1996
Associates Degree in Architectural Technology
Orange Coast College, Costa Mesa CA 1994
Professional Experience Ruth Hosell AIA architect, associate, 2002-present
Bauer and Wiley Architects, associate, 1996-2002
Lang Lampert Architects, architectural assistant 1989-1995
SUBCONSULTANTS
BURTON & COMPANY/ landscape architecture
ANGIE C O Y I E R, Associate
Angie Coyier has a varied urban design and planning background, having been involved in a wide range
of projects that include healthcare facilities, streetscapes, community outreach efforts and numerous
institutional projects. Angie is interested in incorporating sustainable concepts into the design as well
as creating memorable, human -scale spaces. She is currently working on the Glendale Narrrows
Riverwalk and the University of California, Irvine Arts Plaza with Maya Lin Studio.
Education: Master in Landscape Architecture
Iowa State University, 1994
Bachelor in Landscape Architecture
Iowa State University, 1994
Bachelor in Psychology
University of Iowa, 1988
License: Landscape Architect, State of California #4534
Memberships: American Society of Landscape Architects
CUMMING L L C/ cost consulting services
ALASTAIR M C P H A I L, senior vice-president
Alastair McPhail has thirty years of experience managing projects throughout the world,
including design, contract bidding or negotiation, construction and budget responsibilities.
Alastair is knowledgeable in all aspects of the estimating process including detailed quantity
take -off, obtaining price quotes, and coordinating and incorporating estimates from all
disciplines. He has a proven track record of providing accurate and timely services for his
clients.
Education: BSc, Quantity Surveying
Caledonian University, Glasgow, Scotland
Professional Affifiations: Royal Institution of Chartered Surveyors (RICS)Founding Member,
American Institute of Construction Economists *AICE)
8
D O R M A N E S H ENGINEERING / structural engineering
T O N Y D O R M A N E S H, principal
A Professional State Registered Engineer with extensive building, grading, engineering. plan
check and design experience.
Education: B.S. Degree in Civil Engineering
California Polytechnic University Pomona 1974.
Certificate in management of Hazardous Materials UCI.
Continuing Education in Building Codes, structural engineering and
performing Codes at CS Long Beach, CS Fullerton, UCI.... etc.
Experience: Private structural design, 39 years.
Principle Engineer Certified Inspection & Code Consultant, 16 years
Acting Chief Building Official City of Morgan Hill /
Senior Engineer, City of Irvine Public Works and Community
Development Departments, 20 years
Public Works construction surveyor, City of Garden Grove3 years
Structural Design, Bristol Industry, 4 years
T KS C / MP engineering
Bob Scully, CPD, Associate and Plumbing Project Engineer has 17 years of experience in
engineering and construction in a wide range of projects with emphasis on plumbing, fire protection
and fluid piping systems design.
Since joining Tsuchiyama & Kaino in 1986 Bob has participated in the engineering for various new and
remodel construction projects. Named an Associate in 1998, Bob has been a team leader for a
plumbing department of 9 staff. Related project highlights include:
Relevant Projects: Dos Lagos Golf Course, Corona, C4
Tiger Woods Learning Center at Dad Miller Golf Course, Anaheim, CA
El Sol Science & Arts Academy, Santa Ana, CA
Anaheim Community Center, Anaheim, CA
San Juan Capistrano Community Center, San Juan Capistrano, CA
REFERENCES
References are separately attached.
SUPPLIED TO OFFEREIR
A fee schedule for the personnel listed in this proposal is separately attached.
The only person, persons, company or parties interested in the proposal as
principals, are named herein. The proposal is made without collusion with any
other person, persons, company, or parties submitting a proposal. It is in all
respects fair and in good faith without collusion or fraud. The signer below has
full authority to bind the principal proposer.
We are pleased to submit this proposal for your consideration.
Offered by:
Ruth Hasell AIA Date
9
S U PPLI E D TO OFFERER
A. PROFESSIONAL SERVICES BILLING RATES
The following are our hourly billing rates.
RUTH HASELL AIA architect
Level/Category Rate/Hour
Principal $125.00
Ruth Hasell AIA
Professional $80.00
Adrienne Danet
Junior / Clerical $35.00
B. DIRECT CHARGES
• Fedex / Deliveries / Postage for the project cost + 10%
Presentation Renderings / Models requested by Client cost + 10%
Copies $ 0.15 I sf + delivery charges + 10%
• Color copies (depends on size and medium) cost + 10%
C. INDIRECT COSTS OR OVERHEAD
• Additional insurance costs to meet City insurance requirements. $1300
D. COST OF SUPPLIES/MATERIALS
Plots $10 1 each + 10%
• Copies $ 0.15 / sf + delivery charges + 10%
• Xerox copies $ 0.20 / ea + delivery charges + 10%
Respectfully submitted,
Ruth Hasell AIA Date
p 10
ATTACHMENT "A"
For the design and drafting of a 2500 sf playground;
Description of service Quantity Unit Cost Total
Survey I Lump sum $2000.00
Architectural — design principal 6 $125 $750.00
Architectural — senior associate 32 $80 $2560.00
Civil I Lump sum $3000.00
The above incudes (2) alternates and (1) revision of the design. Meetings are at
the discretion of the City and client and will be charged hourly.