HomeMy WebLinkAbout25J - AGMT - ZOO RIVER OTTERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 20, 2016
TITLE:
AGREEMENT WITH CLR DESIGN FOR
CONSULTANT DESIGN SERVICES FOR
THE SANTA ANA ZOO GIANT RIVER
OTTER EXHIBIT (PROJECT NO. 16-2658)
(STRATEGIC PLAN NO. 6, 1G)
CITY MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2"a Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with CLR Design
for the two-year term beginning December 21, 2016, and expiring on December 20, 2018, with
the option for the City to grant up to a two one-year renewal options, to provide design services
for the Santa Ana Zoo Giant River Otter Exhibit, in the total amount of $313,695, and authorize a
10 percent contingency for design in the amount of $31,370, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
DISCUSSION
Approval of this recommended action will enable the preparation of plans and specifications
(Contract Documents) for the project as identified in the 2016/2017 Capital Improvement
Program. These contract documents will be used to competitively bid and construct the project.
The current Amazon's Edge Exhibit at the Santa Ana Zoo (Exhibit 1) opened to the general public
in 1993. The exhibit complex is planned for upgrades and renovation, and will add a new exhibit
called the Giant River Otter, featuring a mammal species found in the Amazon rainforest. The
exhibit area includes a moat, water filtration system, viewing structure, and holding facility.
In July 2016, the Public Works Agency released a Request for Proposals (RFP) inviting qualified
firms to submit proposals for zoological design services. The RFP was posted on the City
website and also sent to the Association of Zoos and Aquariums for distribution to their
membership.
In August 2016, three proposals were received. The proposals were evaluated by personnel
from the Public Works Agency, Zoo Staff, and the Friends of Santa Ana Zoo. Each firm was
rated according to its firm/team experience, understanding of need, relevant project experience,
schedule, references, and proposed cost and pricing data. The following is the list of the firms
and their respective evaluation scores:
25J-1
Agreement with CLR Design for Zoological Design Services
December 20, 2016
Page 2
Rank
Firm
Score
1
CLR Design
94.0
2
The Portico Group
87.6
3
ELM Environments
86.0
Based on the ranking and proposed fee, staff recommends that the top firm, CLR Design, be
retained to design the Santa Ana Zoo Giant River Otter Exhibit for a fee in the amount of
$313,695, based on the schedule of rates and fees attached to the contract (Exhibit 2). Staff
requests authorization of a 10 percent design services contingency of $31,370, which results in
the total agreement amount of $345,065.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (Establish and Maintain a Community Investment Plan for All City
Assets), Strategy G (Develop and Implement the City's Capital Improvement Program in
Coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds have been budgeted and are available for expenditure as follows: $56,968 in the
Residential Development District 2 In -Lieu Funding Account (No. 31213261-66220, Project 16-
2658) and $288,097 in the Residential Development District 3 In -Lieu Funding Account (No.
31313261-66220, Project 16-2658). Any unspent encumbered balance will be carried forward
into subsequent fiscal years as needed to fulfill the agreement. Funds will be spent according to
the spending plan below:
Contract Period Fiscal Year Amount
2016/17 (December— June) $313,695
2017/18 (July — June) $31,370
TOTAL: $345,065
25J-2
Agreement with CLR Design for Zoological Design Services
December 20, 2016
Page 3
APPROVED AS TO FUNDS & ACCOUNTS:
re ousavipou Francisco Gutierrez
Executive Director Executive Director
Public Works Agency
Gerardo Mouet
Executive Director
Parks, Recreation & Community Services
Agency
FM/W EG/sf
Exhibits: 1. Project Location Map
2. Agreement
Finance & Management Services Agency
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25J-4
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LEGEND
►.� PROJECT
EXHIBIT 1
SANTA ANA SANTA ANA ZOO
CITY COUNCIL '
PWA AGENDA CONSULTING ZOOLOGICAL DESIGN SERVICES
�EC6— 2o GIANT RIVER OTTER EXHIBIT
PUBLIC WORKS AGENCY (PROJECT 16-2658) PAGE 1 OF 1
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25J-6
INS -IA
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 21st day of December, 2016 by and between CLR
Design, (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
zoological design.
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 during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and
incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services,
which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services to the City,
the amount of $313,695 in accordance to rates and charges identified in Compensation - Exhibit B,
attached hereto and incorporated by reference, and in accordance with Section 18.
3. TERM
This Agreement shall commence on the date first written above] for a two (2) year term with
the option for the City to grant up to a two (2) one (1) -year renewal option(s) exercisable by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
25J-7
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, 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. OWNERSI3IP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, and representatives as additional insured(s); (b) be primary
and not contributory with respect to insurance or self-insurance programs maintained by
the City; and (c) contain standard separation of insured's provisions.
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.
Page 2 of 8
25J-8
C, Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
i. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not affect Consultant's right
to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its officers, agents and employees (collectively, the "indemnified parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work
performed or services provided under this Agreement arising out of, relating to or pertaining to the
negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees,
vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein
shall be construed to require Consultant to indemnify the indemnified parties from any claim arising
from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indenmification to be provided by the Consultant.
Page 3 of 8
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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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by
reference.
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12. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications -
Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied
herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
other governmental agencies. Consultant shall notify the City immediately and in writing of its inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
18. PAYMENTS & INVOICES
a. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
b. Invoices should be submitted on the 15th of each month and shall include the following
information at a minimum:
V. Consultant's invoice number and City's agreement number
vi. Beginning and ending dates for services
vii. City Project and/or Task Order number and/or name (if applicable)
viii. Work site address/location (if applicable)
ix. Tasks or deliverables completed and percentage (%) of total services completed.
X. Remaining Overall and Task Order budget available
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Fred Mousavipour
Sonia R. Carvalho
Executive Director, Public Works Agency
City Attorney
City of Santa Ana
City of Santa Ana
20 Civic Center Plaza (M-21)
20 Civic Center Plaza (M-29)
P.O. Box 1988
P.O. Box 1988
Santa Ana, California 92702
Santa Ana, California 92702
Fax: 714- 647-5635
Fax: 714- 647-6515
To Consultant:
Gregg Leicester, ASLA
Associate
CUR Design
3295 Laguna Canyon Road Suite C
Laguna Beach, CA 92651
Fax: (215) 564-1154
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fust above
written.
ATTEST:
CITY OF SANTA ANA
Maria D. Huizar David Cavazos
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
John rk Gregg Leicester
Assistant City Attorney Associate
Tax ID# 23-2622204
RECOMMENDED FOR. APPROVAL:
FRED MOUSAVIPOUR.
Executive Director
Public Works Agency
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Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
25J-15
EXHIBIT A
Req Requirements:
Scope of services: Demlls the work phases to he cempleNA, the [rads to be
accomplished and the deliverables to be provided, as incorporated into the Pmlect
Sdredule shown on page xx.
GETTING IT DONE...
Experience—design and construction, communication reliability, and proven legacy &vision.
Design and Management Approach
Our design approach engages the Owner at each step of the design and documentation
process. It is an active and iterative process of exchanging ideas, concepts, and trends across
the team, crafting the uniquevision appropriate onlytoSAZ. We uti I ize face to face workshops,
web -based conference calls, meeting summaries and follow-up, and targeted document
reviews to realize the vision throughout Planning and Concept phases. During Schematic
Design our interactive workshops provide the opportunity to engage all stakeholders in the
vision development. Ourworkshop process continues through Design Development and the
Construction Documentation phase to ensure that all project details and systems are aligned
with the original vision. During construction, we anticipate weekly web -based meetings and
on-site visits averaging every four weeks. CLR will play a continuous role during the entire
project, and will have an in-house and local team that will be readily available to answer any
and all Owner questions.
The CLR Team will provide Full Design Services including Architecture, Landscape
Architecture, Exhibit Design, Caging Design, and Engineering Services. Appropriate
drawings, plans, sections, elevations, details, specifications, and narratives will be prepared
to illustrate and define each phase of work, including:
Task 1 Pre -Design &Task 2 Concept Design
Task 3 Design Development
Task 4 Construction Documentation
Task 5.1 Bidding & Permitting
Task 5.2 Construction Administration
Task 5.3 Project Closeout
WORKSHOPS
Our workshop format is designed to be Flexible, but allow plenty of time for general review
and discussion. We want to achieve a balance between meeting with the Owner team
to assess options, and having the time to make immediate adjustments to program and
concept ideas for another review with the design team. Each workshop is documented by a
report summarizing the proceedings as a baseline for the next steps. This will be critical to
creating a retrievable record of the evolution of the design and construction process so that
each stakeholder and design team member is fully engaged.
The design team has had considerable success with an open and highly interactive workshop
approach to planning, designing, and decision making. We explore and incorporate the
points of view, observations, recommendations, and expectations of the key SAZ people
involved in the project's development. We have found that this approach not only gives the
client maximum input and control of the final product, but also forges an active constituency
for the project. These active workshops enable us to test ideas quickly to see if they are
valid or not. The result is a product tailored to the client's needs that is thorough, creative,
achievable, and maintainable following implementation.
Workshop Facilitation
Design Workshop at CLR's Office
CLR I AUGUST 22, 2016 25J-16 SANTA ANA ZOO I GIANT RIVER OTTER PROJECT 21
TASK 1: PRE -DESIGN &
TASK 2: CONCEPT DESIGN
The focus of this phase will be to affirm the project vision, analyze the selected project
site, the existing habitat and holding facility, and surrounding context within the Zoo, and
secure the program. We propose multiple on-site workshops (see Schedule) to jump start
the concept testing process and to establish the overall look & feel for the project. At the
completion of Task 2, the project team will work together to establish the project budget
breakdown, precise scope of work, and schedule moving forward.
Key Tasks:
Reaffirmation of project goals and objectives.
• Project Team brainstorming and collaboration to develop the project vision.
Analysis of the existing facilities and identification of opportunities and constraints.
Confirm current and future operational uses.
Review and confirm animal husbandry guidelines/regulations per AZA and USDA.
• Outline/identify requirements of other governing authorizes such as, stormwater
management practices, site and building permit requirements, utilities, seismic,
environmental, energy and water usage objectives, CASP, etc.
• Lock -down preliminary building plan layout, as well as basic site development needs
and service access.
• Completion of Basis of Design for all architectural and engineering requirements.
• In collaboration with the Owner, prepare an Opinion of Probable Costs for the project
program established.
Water Filtration/LSS Tasks include:
Communicate with the Team, to determine the specific requirements for the LSS. TJP
will provide answers to client questions related to Life Support and water treatment as
required to explain how proposed processes meet the Zoo's needs.
Define LSS processes for water quality requirements of the exhibit(s).
Provide recommendations for the location of the LSS, space requirements, and LSS
processes.
Provide Process Flow Diagrams (PFD) for life support systems. The LSS processes will
include water treatment facilities recommendations and design of water treatment
equipment to provide water quality per industry standards and design leader's
requirements. Design includes sizing and specifying filtration equipment, disinfection
equipment (ozonation and/or chlorination), and strategies for misc LSS water
treatment appurtenances.
The 100% complete Schematic Design (Tasks 1 and 2) milestone will allow for the overall
design, program and associated costs to be confirmed, as well as the necessary scope of
architectural and engineering services required to fully execute the project. The services
and deliverables noted below for Design Development, Construction Documentation,
Bidding and Permitting, and Construction Administration are preliminary at this time
and will be reconfirmed at the completion of Schematic design.
22 CLR I AMST 22, 2016
25J-17
TASK 3: DESIGN DEVELOPMENT
Upon approval of Schematic Design the project team will proceed with Design Development.
This will involve 2-3 on-site workshops in which we will meet with key Zoo user groups such
as executive staff, animal staff, visitor services, grounds/maintenance, and horticulture, as
well as increased design coordination meetings with the engineering disciplines.
Key Tasks:
• Confirm/refine the project requirements based on the 100% complete SD Cost
Estimate.
• Focused workshops with key Zoo user groups.
• Develop the site plan in the vicinity of the building, building layout, exhibits and
detailed building systems and infrastructure drawings.
• Development of animal activity/enrichment and other activity -based concepts.
• Focused development of interior and exterior caging/barrier plans and details based
on the approved Basis of Design from the previous work phase.
• Focused and detailed coordination meetings with engineers.
• Coordination of Interpretive Design (by others) messaging goals, concepts and details.
• Continued collaboration with the Owner and Construction Manager (delivery method
to be confirmed) to track project costs and schedule.
TASK 4: CONSTRUCTION DOCUMENTATION
This phase will involve approximately 3 workshops in which we will meet less with key
Zoo user groups and spend more time coordinating with the Zoo's Project Manager and
engineering disciplines in order to develop the permit, bid and construction documents.
Key Tasks:
• Confirm/refine the project requirements based on the 100% complete DO Cost
Estimate.
• Focused workshops with key user groups in order to complete the documents and
assure the inclusion of all the components that make up the project program and
vision.
Finalize detailed building and site/exhibit engineering systems and infrastructure
drawings.
Focused and detailed coordination meetings with engineers and the Zoo's Project
Manager.
Preparation, completion and submission of all plans and narratives required for
agency approvals including building and site permits.
Continued collaboration with the Construction Manager(ifapplicable) totrack project
costs and schedule.
25J-18
SANTA ANA ZOO I GIANT RIVER OTTER PROJECT 23
Site Observation Reports
On -Site Meetings with Owner and
Construction Manager
TASK 5.7: BIDDING AND PERMITTING
The key Design Team members will participate in a pre-bid meeting in order to present the
project to bidders and answer questions. We feel that it is critical with the uniqueness of zoo
projects such as this, that we participate in giving bidding contractors the "big picture" as
well as answer detailed questions.The Design Team will also be available bytelephone/web-
based meeting during the bid process to answer questions.
Key Tasks:
• Participate in pre-bid walk-thru and interview contractors.
• Review and respond to contractor RFI's during the bid period.
• Issue clarifications to the Bid Documents/Addendum if necessary for both contractors
and City Agencies as part of the permitting process.
• Review Substitution Requests submitted by the contractors.
•
Assistwith analysis of construction bids and participate with theZoo/CM tomakefinal
recommendations.
TASK 5.2: CONSTRUCTION ADMINISTRATION
The unique nature of zoo facilities and construction requires the experienced involvement
of CLR as well as the day to day availability of our local engineering firms. It is anticipated
that CLR will attend approximately one meeting per month on-site at critical stages during
construction. The CLRTeam will provide the necessary services outlined below.
Key Tasks:
• Site Observation Reports
• RFI responses
• Review and processing of Submittals and Shop Drawings
• Issue clarifications to the Construction Documents via ASI
• Design Team attendance of weekly Owner/Architect/Contractor coordination
meetings, either via conference call or web -based application (i.e. GoToMeeting), or
on-site periodically if required.
• Review of contractor Change Notifications and Change Orders.
• Review of Certificates of Payment/Pay Applications.
Issuance of Punch -List and final Punch -List observation on-site.
TASK 5.3: PROJECT CLOSEOUT
We know the importance of seeing a project through until the very end. This is the time
when contractors typically demobilize and start thinking about the next project. We feel
it is imperative for the Owner/Architect/Engineer/CM team to stay on task to ensure the
project is complete and the full vision is realized. The CLR Team will provide project close-
out services as outlined below.
Key Tasks:
• Final Punch -List observation on-site and processing offinal Pay Application.
• Preparation/submission of Record Documents in CAD and PDF format.
• Mechanical/LSS Systems Start -Up (as required).
• Review of O&M Manuals, Warranty Packages, and Service Provider Agreements.
24 CLR I AUGUST 22, 2016
25J-19
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates
(from Consultant Proposal)
The total compensation may include a line item for the cost from the Fee Proposal, followed by a line
item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be
transferred to the front page of the contract.
25J-20
D
EXHIBIT B
D E S I G N
ARCHITECTURE - LANDSCAPE ARCHITECTURE • EXHIBIT DESIGN
mark e. beauchamp, asla • gregory 1. dykstra, ala • gary h. lee, aia •jon stefansson, asla
PROFESSIONAL FEE
This proposal includes fees and expenses for the conversion of Amazon's Edge to new Giant River Otter Exhibit phase (Tasks 1 - 5
as outlined in our proposal submitted August 22, 2016.)
CLR will carry -out the work described in the proposal of August 22, 2016 for the Lump Sum Professional Fee of Two Hundred
Ninty-Six Thousand Nine Hundred and Twenty Dollars ($296,920) as detailed in the Fee Breakdown chart below.
Reimbursable expenses are in addition to the Professional Fee and represent the cost of travel (air/ground), long distance
communication, reproduction (plotting, printing, digital imaging), mailing, etc. Reimbursable expenses are billed at cost and are
estimated (not an upset limit) to be Sixteen Thousand Seven Hundred and Seventy -Five Dollars ($16,775).
FEE BREAKDOWN
Firm
Took
Task2
7ask3
Task
Task
SubTotal
CLR Design
Architecture, Exhibit0esign,
$14,500
$27,500
$34,750
$45,750
$29,750
$152,250
Project Management
KPFF
$740
$1,500
$4,880
$7,600
$3,720
' $18,440
Civil Engineering
KPFF
$1,000
$1,700
$7,500
$10,800
$7,500
$28,500
Structural Engineering
5&K -
$700
$2,300.
$4,000
$5,500
$3,500
Mechanical PLumbmg Engineering
.$16,000
5&K
Electrical Engineering
$500
$1,500
$4,000
$5,000
$3,500
$14,500
Tip
$2,000
$8,070
$14,500
$21,000
$10,800
$56,370
LSS Engineering
Subtotal Design
$19,440
$42,570
$69,630
$95,650
$58,770
$286,060
KPJ Consulting
$500
$2,000
$2,000
$1,500
$0
$6,000
Cast Estimating
Karl Kranz
$1000
$1,500
$750
$750
$0
$4,000
Husbandry Expert
CDA
$0
$0
$0
$860
$0
$860
CASP
Subtotal Survey & Specialty
$1,500
$3,500
$2,750
$3,110
$0
510,860
TOTAL FEES
$20,940
$46,070
$72,380
$98,760
$58,770
$296,920
Estimated Expenses
$1,475
$3,650
$4,450
$3,250
$3,950
$16,775
t 215.564.0250 • f 215.564.1154 • www.clydesign.com . 833 chestnut street, suite 1000 philadelphia, pa 19107
25J-21 3295 laguna canyon road, suite c laguna beach, ca 92651
FEE BREAKDOWN BY TASK, FIRM AND DISCIPLINE
continued on following pages
25J-22
KPFF
CLRDesign..
KPFF (Structural
Engineering)
Tip
v
m
v
v
a,
m
v
Santa Ana Zoo
a
w
v
�
o
w
t;
t;
t;
a
o
v
v
v
�
n
v
v
v
m
n
Giant River Otter Exhibit
a
r
5
v
w
m
Santa Ana Zoo
a
a v
r
d
v
-
w
Rate
$200
$170
$135
-'$150
2
m
$200
u
Giant River Otter Exhibit
$150
a
d
Task 1: Pre -Design Hours
1
2
a
0
o
o
U
3
1
0
a
0
Task 2: Concept Design Hours
1
3
3
2
0
1
Rate
' $235
$175
$185
-$75
$75'
". $90
-:$178
$125
..$108
$98
$80
'-$70
Task 1: Pre -Design Hours
4
18
2
44
62
24
5
10
0
0
0
0
Task 2: Concept Design Hours
8
40
12
71
100
38
16
20
9
8
8
4
Task 3: Design Development Hours
12
70
20
80
114
16
15
40
30
20
12
8
Task4: Construction Documents Hours
8
72
40
154
150
12
30
48
43
24
24
12
Task 5: CD, Bid/Permit, Con. Admin. Hours
4
40
8
127
140
4
8
24
48
0
0
16
Subtotal Hours
36
240
82
476
566
44
74
142
.130
52
44
- 40
Subtotal by Discipline
$8,460
$42,000
$15,170
$35,700
$42,450
$8,470
$13,172
$17,750
$14,040 $5,096
$3,520
$2,792
Subtotal by Firm
$152,250
$56,370
continued on following pages
25J-22
KPFF
(Civil Engineering)
KPFF (Structural
Engineering)
m
v
v
m
v
Santa Ana Zoo
a
w
o
o
a
t;
t;
t;
a
o
v
v
v
�
n
v
v
v
m
n
Giant River Otter Exhibit
a
a
Rate
$200
$170
$135
-'$150
$120
$90
$200
$170
$135
$150
5120'
90
Task 1: Pre -Design Hours
1
2
1.5
0
0
0
2
3
1
0
0
0
Task 2: Concept Design Hours
1
3
3
2
0
1
2
3
2
4
0
0
Task 3: Design Development Hours
2
4
8
0
20
3.5
6
8
8
22.2
0
4
Task 4: Construction Documents Hours
3
8
20
22
3.5
6
8
16
20
16
4
Task 5: CD, Bid/Perm it, Con. Admin. Hours
0
9
9
0
8
0
0
23..5
20
11
0
0
Subtotal Hours
7
26
41.5
-2
50
8.0
16
45.5
47
57.2
16
8
Subtotal by Discipline
$1400
$4,420
$5,603
$300
$6000
$717
$3200
$7,735
$6,345
$8580
$1,920
$720
!Subtotal by Firm
$18,440
$28500
continued on following pages
25J-22
FEE BREAKDOWN BY TASK, FIRM AND DISCIPLINE continued
25J-23
KPJ
S&K(Electrical Engineering)
CDA.,
S&K (Mechanical Engineering)
subtotalby
Santa Ana Zoo
a
v
Kranz
a
v
m
v
'Expenses
Total
Santa Ana Zoo
v
Giant River Otter Exhibit
v
Giant River Otter Exhibit
a
o
o
a
$125
$200
o
Task 1: Pre -Design Hours
w
5
0
195.23
$21,438
$1,475
w
Task 2: Concept Design Hours
o
7.5
Rate
$250
$195'
` $185
$170
$145
$110
$250
$195
'$185
- $170
$145
$110
Task l: Pre -Design Hours
0
1
0
1
1
0
0
2
1
0
1
0
Task 2: Concept Design Hours
0
2
2
2
2
1
1
3
3
3
2
1
Task 3: Design Development Hours
2
3
5
7
4
2
2
3
5
7
4
2
Task4: Construction Documents Hours
1
3
7
9
7
3
1
3
8
10
8
3
Task 5: CD, Bid/Permit, Con. Admin. Hours0
$-60
2
5
6
5
4
0
2
5
6
5
4
Subtotal Hours
-3
11
19
25
18.899
10
4
13
c 22
.26
19.83
–10
Subtotalb Discipline
$750
$2,145
$3515
$4250
$2,740
$1,100
$1,000
$2,5351
$4,070
$4,420
$2,875
$1,100
Subtotalb Firm
$14,500
1
$16000
25J-23
KPJ
Karl =
CDA.,
Total Moura
subtotalby
Estimated
Grand
Kranz
by Task
Task
'Expenses
Total
Santa Ana Zoo
Giant River Otter Exhibit
Rate
$125
$200
.$215
Task 1: Pre -Design Hours
4
5
0
195.23
$21,438
$1,475
$22,913
Task 2: Concept Design Hours
16
7.5
0
400.58
$46,336
$3,650
$49,986
Task 3: Design Development Hours
16
3.75
0
588.45
$72,293
$4,450
$76,743
Task 4: Const ruction Documents Hours
12
3.75
4
826.25
$98,279
$3,250
$101,529
Task 5: CD, Bid/Permit, Con. Admin. Hours
0
0
0
543.38
$59,575
$3,950
$63,525
Subtotal Hours
48
'20
4
2553.89
Subtotal by Discipline
$6,000
$4,000
$860
$313 695
.Subtotal by Firm
$-60
4 000
860
296 920
16,775
25J-23
ASSUMPTIONS
1. CLR Travel Assumptions:
See proposed project schedule for assumed quantity of workshops and on-site
construction visits.
Of the 8 design workshops/meetings proposed during Tasks 1-4, we are assuming
(2) meetings will include 1 -person (PIC or Project Architect) traveling from our
Philadelphia office, accompanied by CLR staff from the CA office.
2. TJP Travel Assumptions:
Assuming a total of 7-8 onsite meetings. No overnight travel accommodations
anticipated.
3. Husbandry Expert Assumptions:
• Karl Kranz, Animal Husbandry consultant, will participate via conference calls and web -
based (audio/video) meetings. Upon request, on-site meetings can be included at an
additional cost.
4. LSS Design Assumptions:
As a proposed cost reduction measure, the existing 80,000 gallon pool will not require
underwater viewing quality water/filtration for the entire volume. The system will be
designed for a 30K -40K gallon pool area with underwater viewing, as well as additional
shallow swim zones utilizing as much of the existing moat system as feasible.
LSS will be located outdoors below a shade structure (no building required). Some
interior space for ozone equipment will be required.
5. Site, Habitat and Building Assumptions:
Exhibit Interior Holding and Kitchen Area, as described in RFP - the design team will
assess and retrofit as appropriate. We are not anticipating a major building expansion.
• Public Viewing Areas, as described in RFP - assuming a new observation deck (existing
wood structure is aging) as well as an underwater viewing zone.
6. GASP Accessibility Review Assumptions:
Four hours of a CASP consultant (Principle at CD/A) is included in this proposal to
review the project plans during detailed design. Any additional time required can be
provide as an additional service.
7. Surveys:
Site Topographic and Geotechnical Survey work is excluded from this proposal. It is
assumed that this work will be provided by the Owner if required. If desired, these
services can be added to our Agreement upon request, as an additional service.
8. Construction Budget:
Our understanding is that the Construction Budget is approximately $1.45M and the
total Project Budget is $2M.
25J-24
2016 HOURLY BILLING RATES
CLR Design
$3091hr
KPFF (Civil & Structural Engineering)
Principals
$195-245/hr
Principals
$2001hr
Landscape Architects
$75-175/hr
Project Managers
$120-1601hr
Architects
$75-775/hr
Project Engineers
$95-135/hr
Graphic Designers
$85-130/hr
Designers/Drafters/iechnicians
$75-105/hr
Technical Support
$70/hr
Support5taff
$65-75/hr
Tip
Project Manager
KPFF (Survey)
Technical5taff
Senior Engineers
$7781hr
Survey Managers
$150/hr
Engineers
$125-158/hr
Project Surveyors
$95-115/hr
Senior Designers
$1081hr
Survey Technicians
$70-95/hr
Designers
$98/hr
Field Crew
$120-160/hr
Drafters
$80/hr
Support Staff
$65-75/hr
Support Staff
$70/hr
25J-25
5&K Engineers
Principals
$3091hr
Project ManagerlSenlor Engineer
$1581hr
Engineers/Senior Designer
$2211hr
Designers
$1961hr
Drafter/CAD Operator
$7391hr
Clerical
$103/hr
KPJ Consulting
Senior Cost Estimators
$1251hr
CD/A
Principals/CASp
$215/hr
Cast/Database Consulting
$210/hr
CASp Engineers & Associates
$190-1951hr
Project Manager
$180-1901hr
Technical5taff
$130-165/hr
Clerical
$90/hr
Husbandry Expert
Karl Kranz
$2001hr
EXHIBIT C
CERTIFICATIONS
C-1 through C-3
25J-26
EXHIBIT C
CITY OF SANTA ANA
REP NO.: 16-079
SANTA ANA ZOO
AMAZON'S EDGE CONVERSION TO GIANT RIVER OTTER EXHIBIT
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
In conformance 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 other BIDDER, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are
cautioned that malting a false certification may subject the certifier to criminal
Signed
State of P
County of
Subscribed and sworn to (or affirmed) before me on this 22 day of August, 2016, by
Karen E. Marshall , proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me of
WM" SM
nam LAY ---------...T 2 —
Notary Public Signature Notary Public Seal
25J-27 SANTA ANA 200 I GIANT RIVER OTTER PROJECT 43
Page 1 of 1
CITY OF SANTA ANA
RFP NO.: 16-079
SANTA ANA ZOO
AMAZON'S EDGE CONVERSION TO GIANT RIVER OTTER EXHIBIT
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the malting of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any 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, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure
of Lobbying Activities," in conformance with its instructions.
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 tl at all uch subrecipients shall certify and disclose accordingly.
0
Signed:
Title: Seni rine pal
Firm: CLR Design, Inc.
Date: August 22, 2016
44 CLR I AUGUST 22, 2016
25J-28
Page 1 of 1
CITY OF SANTA ANA
RFP NO.: 16-079
SANTA ANA ZOO
AMAZON'S EDGE CONVERSION TO GIANT RIVER OTTER EXHIBIT
NON-DISCRINIINATION CERTIFICATION
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.
25J-29 SANTA ANA 200 I GIANT RIVER OTTER PROJECT 45
CITY OF SANTA ANA
RFP NO.: 16-079
SANTA ANA ZOO
AMAZON'S EDGE CONVERSION TO GIANT RIVER OTTER EXHIBIT
The Consultant shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontract or purchase order as the administering agency may direct as
means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a 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 Chapte}. I
Signed: ,' r v "_1 1
Title: Se�tsi& Principal
Firm: CLR Design, Inc.
Date: August 22, 2016
46 CLR I AUGUST 22, 2016
25J-30