HomeMy WebLinkAbout19I - RFP - ZOO MASTER PLANREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 15, 2016
TITLE:
REQUEST FOR PROPOSALS FOR A ZOO
MASTER PLAN
(STRATEGIC PLAN NO. 2,2E)
CITY MAN ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on god Reading
❑
Implementing Resolution
❑
Set Public Hearing For„
CONTINUED TO
FILE NUMBER
Authorize the Parks, Recreation and Community Services Agency -Zoo Division to issue a
Request for Proposals to qualified companies to create a Zoo Master Plan,
DISCUSSION
The Santa Ana Zoo's Zoo Master Plan is the document used to direct the development of the zoo
and its visitor services. The current master plan was adopted by the City Council in 1990. This
master plan called for the Zoo to focus on the animal life and culture of Central and South
America with an underlying theme of biomes and their relationship to water. Focusing on this
unique South American theme helped the Santa Ana Zoo to compliment rather than compete
with other local zoos. In 1998 the master plan was amended to include the current children's zoo
and the Crean Family Farm.
In the 26 years since 1990, the zoo industry has changed dramatically and the Zoo's present
master plan is now dated. Instead of only presenting a broad menagerie of animals as was the
practice in the past, zoos today are focusing on saving endangered animals from extinction while
teaching visitors to conserve the animals and plants in their local communities and wildlands.
Many of the animals that were called out in the 1990 Zoo Master Plan are no longer kept in
American zoos. In the Zoo's last Association of Zoos and Aquariums (AZA) Accreditation Report,
the commission noted that the Zoo's facility master plan and strategic business plan are both out
of date and should be updated to reflect today's environment.
The purpose of this study is to address the needs and opportunities related to future
developments and improvements at the Santa Ana Zoo. The objective of the Master Plan is to
create a shared vision, an operational roadmap, and a viable business plan for developing and
promoting the Zoo as a vibrant conservation education center and valuable community resource
with an important and unique animal collection that meets both current and future standards as
measured by the community, AZA, and the United States Department of Agriculture.
191-1
Request for Proposal for a Zoo Master Plan
November 15, 2016
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #2 - Youth, Education, Recreation, Objective
#2 (Expand youth programming), Strategy E (Partner with outside agencies and secure funding
to rehabilitate zoo exhibits and expand the Santa Ana Zoo).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services Agency
Exhibit 1: Request for Proposals No. 16-131
191-2
REQUEST FOR PROPOSALS (RFP)
FOR
SANTA ANA ZOO MASTER PLAN
FOR THE
RFP NO.: 16-131
CITY OF SANTA ANA
Santa Ana Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Kent Yamaguchi/Frank Arroyo
Project Manager/RFP Project Manager
(714) 647-6575 / (714) 571-4218 Office
Icyamagnchi rr santa-ana.org / farroyonu anta-ana.org
KEY RFP DATES (Subject to change at discretion of City):
Issue Date: November 21, 2016
Letter of Intent December 5, 2016
Deadline for Requests for Information: December 12, 2016
Pre -Proposal Meeting: There is no scheduled meeting
Proposal Due Date: December 19, 2016; 4:00pm.
Projected Award Date: TBD
City of Sa a FP 16-131
Page 1
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified finis for Santa Ana Zoo Master
Plan.
Responses to this Request for Proposals (RFP) will be accepted until December 19, 2016 at 4:00 p.m.
Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure
that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal
due date and time.
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 16-131
SANTA ANA ZOO MASTER PLAN
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Arm.: Kent Yamaguchi
Parks, Recreation & Community Services Agency;
20 Civic Center Plaza; 2nd Floor
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.
Proposals shall NOT be sent via telegraphic, electronic or facsimile.
All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.orbids-
rff s. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
Failure to respond to required updates may result in a determination of a nonresponsive proposal.
LETTER OF INTENT: Interested firms shall submit a Letter of Intent of their pending proposal to the noted
Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via
certified mail or email.
City of S4g4u ,2FP 16-1
(9)
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
SANTA ANA ZOO MASTR PLAN
RFP NO.: 16-131
TABLE OF CONTENTS
I. GENERAL
II. PROPOSAL TERMS AND CONDITIONS
A.
EXAMINATION
B.
EXECUTION OF AGREEMENT
C.
PROPROSAL VALIDITY
D.
PRE -CONTRACTUAL EXPENSES
E.
JOINT OFFERS/SUBCONSULTANTS
F.
PROPROSAL DEPOSIT
III. INSTRUCTIONS TO PROPOSERS
A.
CITY RESPONSIBILITIES
B.
PROPOSER RESPONSIBILITIES
C.
REQUEST FOR INFORMATION OR CLARIFICATION
D.
ADDENDA
E.
LICENSES & PERMITS
F.
INSURANCE
G.
PAYMENT INFORMATION PACKET
H.
PRE-PROPOSALMEETING
I.
CITY RIGHT TO REJECT
J.
B[D PROTECTS
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A.
EVALUATION AND RATING
B.
SELECTION
VI. AWARD OF AGREEMENT
A.REQUEST
FOR COUNCIL ACTION
B.
EXECUTION OF AGREEMENT
C.
PERIOD OF AGREEMENT
D.
PAYMENT BOND
VII. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VIII. PUBLIC RECORDS
IX. APPENDIX
City of Sa e FP 16-131
Page 3
El
El
5
ATTACHMENT I: SCOPE OF WORK 10
ATTACHMENT 2: SAMPLE AGREEMENT 13
ATTACHMENT 3: SUBMITTALS (CERTIFICATIONS, STATEMENTS, SCHEDULES) 21
I. GENERAL
Nature of Work:
The City of Santa Ana is seeking qualified planning, design, and engineering firms to develop a
comprehensive master plan (which includes a Strategic Business Plan and a Facilities Master Plan).
A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
The submittal shall include four hard copies and one (1) digital file on a labeled USB Flash Drive (or
equivalent). One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a
company official with the power to bind the company and submitted to the City of Santa Ana. One
(1) copy of your Fee Proposal shall be submitted.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Finn/Team Experience 25%
• Understanding of Need 20%
• Relevant Project Experience 25%
• Schedule 10%
• References 10%
The City has established a proposal review committee to evaluate proposers based on the response to
the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria
set forth above. A final score will be calculated for each submitted proposal and used to rank the
proposers.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts
the Terms and Conditions of this RFP as described below:
A. EXAMINATION
Proposer represent that it has thoroughly examined and become familiar with the services and
responsibilities required this RFP and that it is capable of effectively and efficiently performing
quality work to achieve the City's objectives. Any attachments referenced herein or any
interpretations, clarifications or amendments subsequently posted in the relation to this RFP are
fully incorporated.
B. EXECUTION OF AGREEMENT
The City and the selected Proposer will enter into an Agreement similar to that as shown in
City of
Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an
Agreement within thirty (30) days after being notified of selection under this RFP, the City
reserves the right to select the next most qualified Proposer or call for new Proposals, whichever
the City deems most appropriate.
C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period
of 120 days after the submission of the Proposal.
D. PRE -CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by
Proposers in the preparation of its proposal.
E. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they
should do so on a prime-subconsultant basis. The City intends to contract with a single firm and
not with multiple firms doing business as a joint venture. Should the use of subconsultants be
offered, the Proposer shall provide the same assurances of competence for the subconsultant plus
the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall
not be allowed to further subcontract with others for work under the Agreement. The provisions
of the Agreement shall apply to all subconsultants in the same manner as the Proposer.
II1. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information
in RFP. The City will provide only the staff assistance and documentation specifically referred to
herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibility for all services in its proposal.
The selected proposer shall identify a sole point of contact with the greatest knowledge in regard
to the required service operations and contractual matters, including payment of any and all
charges resulting from the Agreement.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited
financial statement, evidencing proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day period.
If said financial statement does not reflect full ninety (90) day operational capacity, proposer may
include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project
Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline
for Requests for Information" date noted on the cover page of this RFP. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via
City of SalWo f FP 16-131
Page 5
addenda to this RFP, as indicated in Section III.D.
D.ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
www.santa-ana.org/bids-rfpss
E. LICENSES & PERMITS
The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten
(10) business days of selection and must provide a copy to the City Project Manager or designee
prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses/permits required by the
Scope of Work.
F. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the
standard agreement within ten (10) business days after receipt of notice of award.
G. PAYMENT INFORMATION PACKET
The selected Proposer shall return a completed payment information packet within ten (10)
business days after the successful Proposer has received notice that the agreement has been awarded.
The packet is available on the City's website: www.santa-ana.or ids-rfps
H. PRE-PROPOSAL MEETING
A pre-proposal meeting, if scheduled, will occur on the date, time and location identified on the
cover page of this RFP. The meeting will include discussion of the project scope and a question-
and-answer session. It is highly recommended that the Proposer's key team members attend this
meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as
described above in "Section IIID: Addenda".
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful Proposer and the City shall assume no liability of such
subcontractors.
City of
J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5) business
days. If no action is taken within such time, there shall be no change to the staff determination.
The exercise by Proposer of its right to submit written concerns shall be a condition precedent to
seeking judicial review of any award of a contract hereunder.
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
1. Number of Copies and signature: Refer to Section I: General.
2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity. Include type of
business entity.
b. Agreement Statement (Attachment 3-4): Proposal shall include a statement outlining your
concurrence or concerns with any and all provisions as contained in the standard
agreement attached as Attachment 2, in the Appendix of this RFP.
c. Finn and Team Experience: Proposal shall include a profile of the firm's experience.
Include resumes of project team/sub-contractors that outline their technical and design
experience. At a minimum, this should include the project manager/principal agent,
associates in charge when project manager/principal agent is unavailable, key personnel,
fine size, and an organization chart identifying only those who will perform work for the
proposed project and the percentage of each individual's time devoted to this project. The
project manager/principal agent shall be the primary contact person to represent your
firm.
d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's
understanding of the scope of work. This outline should include anticipated approach,
tasks necessary for successful completion, and suggestions or special concerns that the
City should be made aware of.
e. Relevant Project Experience: Proposal shall include a list of relevant projects which your
firm or personnel have completed within the last five (5) years, including significant
work with public agencies. Project information should include project description, year
completed, client name, along with a person to contact and their telephone number.
City of San e P 16-131
Page 7
f. Schedule: Proposal shall include a detailed schedule based on the Scope of Services
explained below with a written statement which provides information on current
workload and how this project would be accommodated.
g. References: Proposal shall include references for three public entities for which Proposer
has performed similar work within the past five (5) years
2. SCOPE OF SERVICES & SCHEDULE
Proposal shall include a Scope of Services which details the work phases to be completed,
the tasks to be accomplished and the deliverables to be provided. Scope of Services shall be
incorporated into the schedule as described above to complete the project based upon the
requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of
this RFP.
3. FEE PROPOSAL:
Proposer's fee proposal shall be submitted concurrently with the technical proposal. The
City will select the consultant and then negotiate a contract price based on available funding.
4. CERTIFICATIONS:
The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed
and included as part of the proposal submittal package:
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
Refer to Section I, General.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
agreement to the proposer who will provide the best quality and value to the City. City reserves
the right to begin negotiations and enter into an agreement without interview or further
discussions.
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will
recommend award of an agreement to the proposer providing the best quality and value to the
City.
16-131
B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will
hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will
begin after the agreement is fully executed, and all required bonds, insurance documents and
contents of the payment information packet have been received and approved.
VII. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents and contents of the Payment
Information Packet have been received and approved.
VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the City, and proposals will become public record
after award of agreement. Proposer information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
City of Sa Ra P 16-131
Page 9
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA ZOO MASTER PLAN
RFP NO.: 16-131
Introduction and Background:
The Santa Ana Zoo at Prentice Park is located in Santa Ana, California. The Zoo is owned and operated by the
City of Santa Ana and is a division of the Parks, Recreation and Community Services Agency. The Zoo is
situated on the 20 -acre Prentice Park and has a live collection of over 300 animals, primarily representing
Central and South America. The Santa Ana Zoo is known for its extensive primate collection. Approximately
250,000 guests visit annually. The Zoo is an accredited member of the Association of Zoos and Aquariums
(AZA) and will be inspected for accreditation again in 2017. The Zoo's non-profit support organization, the
Friends of Santa Ana Zoo (FOSAZ), raises funds for capital improvements and deferred maintenance projects
and also operates the gift shop, ride concessions, and membership program.
Zoo History. The Santa Ana Zoo opened to the public in 1952. The grant deed for the original 12 acres
stipulated that the zoo must maintain at least 50 monkeys at all times or the land could revert back to donor's
heirs. In 1964, a small Children's Zoo farm was added. The Zoo was accredited by the AZA in 1985. The City
Council approved the current master plan in 1989 which focused the animal collection specifically on Central
and South America. This master plan was amended in 1998 to include a new children's zoo and has served to
guide subsequent projects and development. The Zoo's most recently added exhibits and attractions include the
Crean Family Farm (2004), Endangered Species Carrousel (2008), Tierra de las Pampas grasslands exhibit
(2010), and the Ocelot Habitat and Education Center (2015). Two new features have recently been approved by
the City Council but have not yet started construction: the Fifty Monkey Ferris Wheel, and the renovation of the
1990 Amazon's Edge exhibit to incorporate giant river otters.
Purpose. The current master plan was adopted in 1989. In the Zoo's last AZA Accreditation Report, the
commission noted that the Zoo's facility master plan and strategic plan are both out of date and should be
updated to reflect today's environment. The purpose of this study is to address the needs and opportunities
related to future developments and improvements at the Santa Ana Zoo. The objective of the Master Plan is to
create a shared vision and operational roadmap for developing and promoting the Zoo as a vibrant conservation
education center and valuable community resource with an important and unique animal collection that meets
both current and future standards as measured by the community, AZA, and the United States Department of
Agriculture.
City of `44WI 9FP 16-131
Description of Work:
The Consultant's responsibilities include the following and shall consist of the following tasks:
Task 1: Summary Analysis of Existing Facility
The Consultants will meet at the Santa Ana Zoo with City, Zoo, and FOSAZ staff and volunteers and conduct a
summary analysis of the Zoo which includes but is not limited to:
• Current programs
• Visitor amenities
• Visitation/visitor profile
• Attendance, traffic, parking
• California Business Code/Americans with Disability Act Accessibility (CASp study)
• Existing concessions
• Current landscaping
• Existing exhibits
• Animal care facilities (including hospital, necropsy, quarantine, and holding facilities)
• Existing buildings (including administrative, educational, operational)
• Existing utilities/infrastructure (including domestic water, irrigation, electrical, lighting, drainage, shut-
off valves)
➢ Deliverables shall include a Preliminary Report and a Plot Plan of existing -facilities and utilities. Provide
in both CAD and pgf format.
➢ Deliverables shall include CASp study.
Task 2: Strategic Business Plan
The Consultants will develop a Strategic Business Plan for the Santa Ana Zoo which includes but is not limited
to:
• S.W.O.T. analysis
• Market analysis
• Economic impact analysis
• Attendance & operational projections
• Guest services/retail strategies
• Public/private funding partnerships
• Marketing plan
• Operations plan
➢ Deliverables shall include a comprehensive ten-year Strategic Business Plan for the Santa Ana Zoo.
Task 3: Facilities Master Plan
The Consultants will design and develop a Facilities Master Plan which includes but is not limited to:
• Concept developmenUkey themes
• Animal exhibit plan/organizational theme
• Animal collection plan recommendations
• Botanical collection plan
• Education interpretive plan
• Visitor services and amenities
• Enhancements to landscaping and public pathways
• Facility support services
• Traffic, attendance & parking projections
• Visitor circulation plan
• Vehicular circulation plan
• Service and operations plan
• Proposed utilities upgrades
• Prioritization and phasing of projects
• Statement of probable costs, including escalation
• Illustrative materials for fundraising and marketing presentations
➢ Deliverables shall include a ten-year Facilities Master Plan which includes a cohesive conceptual design
of the facilities of the entire zoo, an actionable plan with informed cost estimates that outlines an
implementable schedule and a package of illustrative materials that represents key elements of the plan
in such media and format to be easily used for fundraising and marketing presentations.
City of 40AA &P 16-131
Appendix
ATTACHMENT 2
STANDARD AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 201 by and between
, a [insert type of business: sole ownership entity, LLP, etc], (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
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 those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit B. The total surn to be expended under this
Agreement shall not exceed $ during the term of this Agreement.
b. Payment by City shall be made within # of days (XX) 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 and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on ,
201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended upon a writing executed by the City Manager and the City Attorney.
City of S5Wtn5IFOP 16-131
Page 13
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 au 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.
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.
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
Citv of %WAi1bRFP 16-131
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.
C. 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 cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, 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.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section I of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The 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
City of S P 16-131
Page 15
property rights arises by reason of the terns of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the 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; (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.
IL 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 in Certifications,
Exhibit C, attached hereto and incorporated in this Agreement by reference.
City of 314IA.1i XP 16-131
12. 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 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Gerardo Monet,
Exec. Director
Parks, Recreation &
Community Service Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax 714-571-4211
To Consultant:
Sonia R. Carvalho,
City Attorney
City Attorney's Office
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 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.
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
City of AM FA HP 16-131
Page 17
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.
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
tennination. 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.
16. 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.
17. 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.
18. 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
16-131
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 tennination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
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 terns 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:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Name of Attorney
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
(name)
(title)
Tax ID#
Gerardo Mouet
Executive Director — Parks, Recreation & Community Services Agency
City of S P 16-131
Page 19
EXHIBIT A
SCOPE OF SERVICES
(from Attachment I of RFP)
EXHIBIT B
CONSULTANTPROPOSAL
FEE SCHEDULE (OR) RATES AND CHARGES
EXHIBIT C
CERTIFICATIONS
(from Attachment 3 of RFP)
16-131
APPENDIX
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA ZOO MASTER PLAN
RFP NO.: 16-131
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, farther, 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
certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20, by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
City of Sa 16-131
Page 21
APPENDIX
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA ZOO MASTER PLAN
RFP NO.: 16-131
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, it 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
Signed and Printed Name:
Title
Date
31
APPENDIX
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA ZOO MASTER PLAN
RFP NO.: 16-131
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,
City of S4VjAWW 16-131
Page 23
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 subconsultant 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:
Firm:
Date:
City of 8jr4"RP 16-131
APPENDIX
ATTACHMENT 3-4: AGREEMENT STATEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA ZOO MASTER PLAN
RFP NO.: 16-131
Proposer understands that the Proposer will enter into an Agreement similar to that as shown in Attachment 2,
in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30)
days after being notified of selection under this RFP, the City reserves the right to select the next most qualified
Proposer or call for new Proposals, whichever the City deems most appropriate.
Proposer concurs to the statements in the sample agreement, with the exception of the following:
Firm
Signed and Printed Name:
Title
Date
City of S n P 16-131
Page 25
191-28