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CRL DESIGN-2016
16 _, City of Santa Ana As-t ;:_.. -; F °,a Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note. If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with L,7� A-2016-377-03 No. was completed on (List all amendments. Use space below if needed.) 2olin 3 77 - a / i:kagreemenlsVormsUorm-agreement termination form_goldenrod.doc G /V COTC Office Use Only City of Santa Ana JUN 2 3 2021 Clerk of the Council 7 h 170? 0 and final payment has been made. Department: r L. bb& G(1o4 5 >"fV/) cc/ Phone/Ext.: Signature: \ Date: `/� 3 2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21 st day of December, 2016 by and between CL Design, (hereinafter -`Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder 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. E. 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 terror 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. COMPENSATION City agrees to pay, and. Consultant agrees to accept as total payment for its services to the City, the amount of $31.3,695 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 (I) year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. 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 9 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. 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 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. 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 there. 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 indemnification to be provided by the Consultant. Page 3 of 8 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. Page 4 of 8 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. Page 5 of 8 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 infortnation 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6 of 8 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 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O.. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: Gregg Leicester, ASLA Associate CLR Design 3295 Laguna Canyon Road Suite C Laguna Beach, CA 92651 Fax: (215) 564-1154 Sonia R. Carvalho City Attorney 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. Page 7 of 8 EXHIBIT A SCOPE OF SERVICES IN WITNESS WHEREOF, the pal -ties hereto have executed this Agreement the date and year first above written. ENW15m Maria I), huizar Clerk of the Council SONIA R. CARVALHO City Attorney By: John COnk Assistant City Attorney RECOMMENDED FOR APPROVAL: OT18AVIPOUP, :utive Director is Works Agency CITY OF SANTA ANA -egg Leicester ssociate Tax ID# 23-2622204 12 2016 XXX PWA 06h RFCA Fxhibit I Agreement CLR Zoo GRO Pa-0c 8 of 8 SCOPE OF SERVICES GETTING IT DOME... 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 unique vision appropriate onlyto SAZ.We utilize facetoface 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. Our workshop 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 baiance 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. KQ Huplerneilt,r swpv nf SogvkmI� °Ww vwlo ;v ('i 0 W ,1c lni�) ,�J ,rr,od'�; 111,1 N, J ojotE ml p,!W, Xf Workshop Facilitation Design Workshop at CLR's Office SCOPE OF SERVICES CON'rMUED 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 buildings 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/!SS 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 mist LSS water treatment appurtenances. The 100% complete Schematic Design (Tasks I 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. �����U�� ��� ���8���0����� ������0—� ��� ������N�w��� (ONT|NUED 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, ground »/naintevanoe, and horticulture, as well as increased design coordination meetings with the engineering disciplines, Key Tasks: ~ Confirm/refine the project requirements based on the lm0%complete SDCoa Estimate. ^ Focused workshops with key Zoo user groups. ` Develop the site plan in the vicinity of the building, building |ayou1, exhibits and detailed building systems and infrastructure drawings. ~ Development of animal activity/e n rich me nt and other activity -based concepts. ` Focused development of interior and exterior caging/barrier plans and details based onthe approved Basis ofDesign from the previous work phase. ~ Focused and detofledcoordination meetings with engineers. - Coordination of Interpretive Design (by others) messaging goals, concepts and detaills. ~ Continued collaboration with the Owner and Construction Manager (delivery method tobeconfirmed) tntrack project costs and schedule. TASK 4aCONSTRUCTION DOCUMENTATION This phase will involve approximately 3 workshops in which we will meet less with key Zoo user groups and spend more time omondinabmg with the Zoo's Project Manager and engineering disciplines in order to develop the permit, bid and construction documents, Key7asks� ~ [onhrm/rufi:me the project requirements based on the 10096 complete DD Cost Estimate. \` ~ Focused workshops with key user groupsin order to complete the documents and assure the inclusion of all ,he connpon4ntsthvt make up the project program and vision. ^ Finalize detailed building and si*e/exhibitengineehng systems and infrastructure drawings, ' Focused and detailed coordination meetings with engineers and the Zoo's Project Manager. ` Pvepemm|om, completion, and submission of all plans and narratives required for agency approvals including bmfldingand site permits. ' Continued collaboration with the Construction Manager(if applicable) totrack project costs and schedule. �AuTAAwx0� | G/»mrmvEnOTrEnPnO�E[T ^��� Site Observation Reports On -Site Meetings with Owner and Construction Manager TASK 5.11: 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 by telephone/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 RF1'5 during the bid period. • Issue clarifications to the Bid Documents/Addendum if necessary for both contractors and City Agencies as part of the permitting process, • Review Substitution Requests submitted by the contractors. • Assist with analysis of construction bids and participate with the Zoo/CM to make final recommendations. TASK 5.2: CONSTRUCTION ADMINISTRATION The unique nature of zoo facilities and construction requires the experienced involvement of CLR as well as the day to day availability of our local engineering firms. It is anticipated that CLR will attend approximately one meeting per month on -site at critical stages during construction, The CLRTearn will provide the necessary services outlined below, Key Tasks: • Site Observation Reports • RFl 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 cak 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 of final 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. 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. EXHIBIT B N r 1� I NUMM11111111111111111111111M D E S I G N ARCHITEC7URL LANDSCAPE ARCHITECTURE - EXHIBIT DESIGN HWY[,, kl. bl'lauchan[p' Vda • qIvqmy 1 dyk,wa, IiiH ^ q,uy h ° j�.,r) FEE PROPOSAI., 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 Task I TW2 Task 3 Task 4 Tasks SubTotal CLR Design Architecture, ExhibitDesign, $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 GO Engineering KPFF $1,000 $1,700 $7,500 $10,800 $7,500 $28,500 Structural Engineering S&K $700 $2,300 $4,000 $5,500 $3,500 $16,000 Mechanical Plumbing Engineering S&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 $ 1'9,440 $42,570 $69,630 $95,650 $58,770 $286,060 KPJ Consulting $500 $2,000 $2,000 $1,500 $0 $6,000 CosrEstimoting Karl Kranz $1000 $1,500 $750 $750 $0 $4,000 Husbandry Expert CDA CASP $0 $0 $0 $860 $0 $860 Subtotal Survey& Specialty $1,500 $3,500 $2,750 $3,110 $0 $10,860 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 t 215. 564,02 50 - f 215.564.1154 - wvv I " 1, 1, In m - 833 chestnut street, suite 1000 ph i to de I ph I a, pa 19107 3295 laguna canyon road, suite c laguna beach, ca 92651 FEE BREAKDOWN BY TASK, FIRM AND DISCIPLINE CLR Design Tip CV U C C C pp CIO W C aJ v 0 h0 N 4 b0 a C G .0 fL0 'V, N C U Lie Santa Ana Zoo E < = a�i u O L i a ro U v Giant River Otter Exhibit '= al � al u a fl. `� � N v v � v a a 0- Q l7 V) ¢ cn O © U Rate $23.5 .$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 Task 4: 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 $.ubtotaIHours 36 246 82. 476 566 94 74 142 130 52 44 40 Subtotal by Discipline $8,460 $42,000 $15,170 $35,700 $42,450 $8470 $13,172 $17,750 $14,040 $5,096 $3,520 $2,792 Subtotal by Firm $152,250 $S6370 KPFF (Civil Engineering) KPFF (Structural Engineering) y i2 c u d t N N 2 u 'c t `m bA N 4.. Santa Arta Zoo !]. lCp V bA c t n t nru m 1, tj W tj o t� w n Giant River Otter Exhibit U W al al v O O- � 'U � aJ � 2 2CL O a a a- a o Ln a` 0. o c- o Un Rate $200 $170 $135 $150 $12Q 59.0 $200 $1:70' $135 $150 $1201 $9.0 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/Permit, Con. Admin. Hours 0 9 9 0 8 0 0 235. 20 11 0 0 Subtotal Hours 7 Z6 41.5 2 50 .810 16 45.8 47 57.2. 16 8 Subtotal by Discipline $1,400 $4,420 $5 603 $300 $6,000 $717 $3,200 $7,735 $6,345 $8,580 $1,920 $720 Subtotal by Firm 18 44o $28 500 continued on following pages FEE BREAKDOWN BY TASK, FIRM AND DISCIPLINE continued S&K (Electrical Engineering) S&K (Mechanical Engineering) Santa Ana Zoo m •_ v v C v a v a U(Uy ,a c 9 m °1 Giant River Otter Exhibit w n r_ a a`n U a` Lnn Do 0 U Rase $250 $195 $185 $170 $145 $110 $256 .$195 $185 $170 $145 $110 Task1: Pre -Design Hours D 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. Task 4: Construction Documents Hours 1 3 7 9 7 3 1 3 8 10 8 3 Task 5: CD, Bid/Perm it, .Con. Admin. Hours 0 2 5 6 5 4 0 2 5 6 5 4 Subtotal Hours 3 11 19 2-a. S.$99 10 4 13; 22 26 19,83 10 Subtotal by Discipline $750 $2,145 $3,5151 $4,250 $2,740 $1,100 $1,0001 $2,535 $4,070. $4,420 $2,875 $1,100 Subtotal by Firm $14 500 1 $16,000 KPJ Karl CDA Total Hours Subtotal by Estimated Grand Kranz by Task Task Expenses 'dotal Santa Ana Zoo Giant River Otter Exhibit Rate $200: $215 Task 1: Pre -Design Hours 5 0 195.23 $21,438 $1,475 $22,913 Task 2: Concept Design Hours r125 7.5 0 400.58 $46,336 $3,650 $49,986 Task 3: Design Development Hours 3,75 0 588.45 $72,293 $4,450 $76,743 Task 4: Construction Documents Hours 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 Disci line $6,000 $4 000 $860 313 695 Subtotal by Firm 1 $6,0001 $4,000 860 $291,5,920 16 775 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. CASP Accessibility Review Assumptions: • Four hours of 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. CLR Design OFF (Civil & Structural Engineering) Principals $195-2451hr Principals $2001hr Landscape Architects $75-1751hr ProjectManagers $120-1801hr Architects $75-1751hr Project Engineers $95-7351hr Graphic Designers $85-1301hr DesignerslDrafterslTechnicians $75-1051hr Technical Support $ 701h r SupportStaff $65-751hr TJ P OFF (Survey) Senior Engineers' $1781hr Survey Managers $7501hr Engineers $125-1581hr Project Surveyors $95-1151hr Senior Designers $1081hr Survey Technicians $70-951hr Designers $981hr Field Crew $120-1601hr Drafters $801hr Support Staff $65-7.51hr Support Staff $701hr S&K Engineers Principals $3091hr Project ManagerlSenior Engineer $2581hr EngineerslSenior Designer $2211hr Designers $7961hr DrafterICAO Operator $1391hr Clerical $7031hr KPJ Consulting Senior Cost Estimators $7251hr CD/A PrincipafslCASp $2151hr Cost/Database Consulting $2 1 01hr CASp Engineers & Associates $190-1951hr Project Manager $180-1901hr Technical Staff 130-1651hr Clerical $901hr Husbandry Expert Karl Kranz $2001hr EXHIBIT C CERTIFICATIONS C-1 through C-3 EXHIBIT C CITY OF SANTA ANA RFP 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 making a false certification may subject the certifier to criminal Signed State of Pl� 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 PEW"nVAftW WTARWL WA KAM C OFF al Ma. county ram_.My Cw=190m9_AWK 27, _.......- Notary Public Signature Notary Public Seal SANTA ANA 200 I GIANT RIVER OTTER PROJECT 43 Pn.)e 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 fang ua e of this certification be included in all lower tier subcontracts, which exceed $100,000 . and t at all uch subrecipients shall certify and disclose accordingly. Signed: Title: Sent rinctpal Firm: CLR Design, Inc. Date: August 22, 2016 44 CLR J AUGUST 22, 2016 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-DISCRIMINATION 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 coe spicuous 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. SANTA ANA ZOO 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 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a 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. S. 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 Signed: '00�vm � Title: Sew . P'--' al Firm: CLR Design, Inc. Date: August 22, 2016 46 CLR 1 AUGUST 22, 2016 Cam: -ormw OP ID: LP �.. CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 03/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 215.564.6970 CONTA NAME:CT pawl Lucci PHONE 215-564-6970 FAX 215.564-6975 (A/C, No, Ext): (A/C, No): Wortley/Poole Profession al,Ltd 1 Penn Center 1617 JFK Boulevard, Suite 880 Philadelphia, PA 19103 Paul J. Lucci E-MAIL plucci@wortleypoole.com ADDRESS_ _— '.. -- ----. INSURER(S)-AFFORDING COVERAGE NAIC # INSURER A: Charter Oak Fire Ins. Co. 25615 INSURED CLR Design Inc 833 Chestnut St., Suite 1000 Philadelphia, PA 19107 INSURER B ; Travelers Property Casualty Co ',. 25674 INSURER C ; Travelers Indemnity Co. 25658 — INSURER D : Travelers Casualty and Surety 19038 -----------------------....-------------- INSURER E : XL Specialty Insurance Company 37885 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -_LTR TYPE OF INSURANCE ADDL .IN_SD SUBR WVD POLICY NUMBER -- POLICY EFF (�ry)jpD1�Y�Yj. POLICY EXP MM/DD/YYYYI LIMITS — A X COMMERCIAL GENERAL LIABILITY OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR ...... __. X 680-2727LL060 07/11/2016 07/11/2017 ,EACH — DAMAGE TO RENTED pR._E.MISE$ (Ea occurrence ).- -.._ .-- $ 1,000,000 - ----.. _—_ (Any one person) .._...._ .-.-. $ 10,000 _MED_EXP PERSONAL & ADV INJURY $ 1,000,000 GE_N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ®PIRCJ LOC _ PRODUCTS-COMP/OPAGG S 2,000,000 ..-- -OTHER: —_.---.....................---- - $ B AUTOMOBILE LIABILITY - -------....---.......-------...-...-------- COMBINED SINGLE LIMIT (Ea.accident)_.......------- .............. ...� 1,000,000 ----.._......_._ L. ANY AUTO BA-27281_15A 07/11/2016 07/11/2017 BODILY INJURY CPerperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON -OWNED PROPERTY DAMAGE accident) $ AUTOS ONLY AUTOS ONLY .._(Per C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CUP-6736Y412 07/11/2016 07/11/2017 AGGREGATE____ $ 5,000,000 DED I RETENTION$ ___ D WORKERS COMPENSATION ll PER r X_L_STATUTE_ �R_„____ -- AND EMPLOYERS' LIABILITY Y / N UB7302Y24A ET _ _ ANYPROPRIMB R/PXCLUD /EXECUTIVE 07111/2016 07/11/2017 E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE _$_ _ ------ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT _$ 1,000,000 $___ E Professional DPR9807064 07111/2016 07/11/2017 Ea Claim 2,000,000 Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement # A-2016377 i�k�FbC,iBF{1Ht' IwiI"Nl C,i_ RE1)'IA(PG0 " F q) SANTA-3 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EUMCE HEREDIA (PG7-0�- [RE'\/H'-V'VE") BY'�'- .. . . . ............ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided Linder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section U): Any person or organization that you agree in a ^oonhoot or agreement requiring insurance" to in- clude as on additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or ^panmna| injury" cauood, in whole cxin port, byyour acts orumia- aiuna or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented toyou; or o. In connection with "your work" and included within the "prod ucts-comp|eted operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tnoc(orugnaemenL INSURANCE (Section U|) for this Coverage B. The following is added to Paragraph o. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section |\): Howover, if you specifically ognaa in a "contract or agreement requiring insurance" that the insurance provided to an additional insured Linder this Cov- erage Part must apply on a primary baaiu, or primary and non-contributory basis, this insurance is primary to other insurance that is available to suoh additional insured which covers such addi- tional insured aoanamed insured, and mewill not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage iasought occurs; and (2) The "personal injury" for which coverage is Sought arises out ofonoffense committed; The insurance provided to such additional insured islimited eefollows: d. This insurance does not apply onany basis (o any person or organization for which cover- C age as an additional insured specifically is added byanother endorsement iothis Cover- age Part. a. This insurance does not apply kzthe render- ing of or failure to render any "professional services". [ The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the lit -nits shown in the Declara- tions for this Coverage Port, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF CG D381 0907 after you have entered into that "contract or agreement requiring insurance". But this insur- ance uhU is exoaaa over valid and collectible other inounanoe, whether primary, excess, contingent or onany other basis, that isavailable buthe insured when the insured in an additional insured under any other insurance. The following is added to Paragraph 8.Tmnofnr Of Rights DfRecovery Against Others To Us in COMMERCIAL GENERAL L|AB|L|TYCON' DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury". "property damage" or "personal injury" arising Out of"your work" performed by you, or on your behalf, undor a "contract oragreement requiring innuranoe^wiUh that person or organization. We waive these rights only where you have agreed to do so as part ofthe "contract oragreement requiring insur- ance" with such person or organization entered into by You befom, and in effect when, the "bodily @umnThe Travelers Companies, Inc. Page 1of2 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. O. The following definition is added to DEFINITIONS (SoctionV): "Contract or agreement requiring insurance" means that part ofany contract oragreement un- derwhiuh you are required to include u person or organization as an additional insured nnthis Cov- erage Pad provided that the "bodily injury" and "property damage" oocum, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that onntnsoL or agreement; b. While that part ofthe contract oragreement is ineffect; and u. Before the end ofthe policy period, Page 2of2 c00rThe Travelers Companies, Inc. CGD381U807 •• . 144coR,a CERTIFICATE OF LIABILITY INSURANCE D07/18ATE /2017Y) 07/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wortley/Poole Professional,Ltd 1 Penn Center 1617 JFK Boulevard, Suite 880 Philadelphia, PA 19103 Paul J. Lucci CONTACT Paul Lucci PHONE FAx A/c No Exl): 215-564-6971 A/C No): 215-564-6975 EMAIL lucci^wortle oole.com V yp PRODUCERp CUSTOMER,,,: CLRDEA INSURER(S) AFFORDING COVERAGE NAIC # _ INSURED CLR Design, Inc INSURER A: Charter Oak Fire Ins. Co. 25615 833 Chestnut Street,Suite 1000 Philadelphia, PA 19107 INSURER B:Travelers Indemnity Co. 2565$ INSURER C : Travelers Indemnity Co. 25674 INSURER D ; XL Specialty Insurance Company 37885 _ _ INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILPOLICY TR TYPE OF INSURANCE INSIR ADDL SUER POLICY NUMBER EFF MMIDD/YYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 1*1 OCCUR X 680-2J979064 07/11/2017 07/11/2018 DAMAGE TO PREMISES RENT occurrence) $ 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 _ GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP A_GG $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1'000,0D0 ANY AUTO BODILY INJURY (Per person) - $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ B ''. SCHEDULED AUTOS X' HIRED AUTOS BA-27281_15A 07/11/2017 07/11/2018 PROPERTY DAMAGE (PERACCIDENT) $ X NON -OWNED AUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE CUP-6T36Y412 07/11l2017 07/11/2018 DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? ❑ N / A UB7302Y24A 07/11/2017 07/11/2018 X WCSTATU- OTH- TORY LIMITS ER _ E.L. EACH ACCIDENT _ $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory in NH) IF yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 D Professional DPR9915991 07/11/2017 07/11/2018 Ea Claim 2,000,000 i ;";lity . ,,Ly ( .._ A Milli /1yy 2,UUu,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Agreement # A-2016-377 R VIkWECb G�° (�. _ EUNi'4 E WiLfELIA (PGY OF % r-m I iriwAi r- nvl-ucrc SANTA-3 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ►�� i 1 rr ► ' ► � i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO 1S AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- aqe as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a, of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily [Rb viI wED BY: "" � EUNICE i 6E REDIA (p( 12 —-----_.._ CG D3 81 09 07 O 2007 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. EU"l/E-C7 ICY' ..- �_.::..___...____.� :...pC1rItEtIEEEr�cA(rc1or).� Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07