Loading...
2017/02/28 City Council Resolution 2017-024RESOLUTION NO. 2017-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT FOR CONSULTANT SERVICES AND TASK ORDER 2017-01 WITH SSA LANDSCAPE ARCHITECTS, INC. FOR PROJECT MANAGEMENT SERVICES AND AUTHORIZING THE FINANCE DIRECTOR MAKE APPROPRIATIONS AND INCREASE BUDGETED REVENUE TO ACCOUNT FOR DEVELOPER REIMBURSEMENTS WHEREAS; the City is experiencing a significant volume of Capital Improvement Projects that require project management; and WHEREAS, SSA Landscape Architects, Inc. is a consultant with significant experience in project management and specific experience with the artificial turf soccer field at Sunrise Park, and WHEREAS, pursuant to Section 3.6.6 of the City's Purchasing Policy, the City has secured a proposal from SSA Landscape Architects, Inc. for project management and peer review services and has negotiated with SSA Landscape Architects, Inc. to arrive at a proposed scope of services and budget that meet the City's needs for project management support; WHEREAS, the cost of the Consultant's services are reimbursed to the City by Sonoma Mountain Village (Developer) and do not represent a cost to the City's general fund or any other City fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to execute a Master Services Agreement and Task Order 2017-01 with SSA Landscape Architects, Inc., a California Corporation, for development review services in an amount not to exceed an additional fifty thousand dollars ($50,000). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this authorization for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the Master Agreement attached hereto and incorporated by this reference as Exhibit "A," and Task Order 2017-01 attached hereto and incorporated by this reference as Exhibit "B", subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of Task Order 2017-01. DULY AND REGULARLY ADOPTED this 28th day of February, 2017. CITY OF ROHNERT PARK Jake Mackenzie, Mayor ATTEST: Ali�Buergler,k Attachment: Exhibit A and Exhibit B AflANO TU:A'4f BEI FORTE: Alay f CA1.LlNAN: �"+STA, O,U,: A T e MACKEN71E:� AYES: (-3 ) NOES: ABSENT: 0 ) Page 2 2017-024 Exhibit A to Resolution MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is entered into as of the 28th day of February, 2017, by and between the City of Rohnert Park ("City"), a California municipal corporation, and SSA Landscape Architects, Inc., ("Consultant"), a California Corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain project management services, and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. IneoKparatioit til' Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. Com. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Public Works Project Coordinator is hereby designated as the project manager ("Project Manager"). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign Scott Reeves, PLA to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City's Purchasing Policy ("Task Order") executed by Consultant and City. 1 of 20 OAK #4844-6469-8375 v103 B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed Fifty thousand dollars ($50,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. Whether working under this Master Agreement or a Task Order, the services of the Consultant shall not commence without a written notice to proceed from the City. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Payment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted 2 of 20 OAK #4844-6469-8375 v103 and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until December 31, 2019, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 3 of 20 OAK #4844-6469-8375 003 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being perforined in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. (1) Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (2) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and 4 of 20 OAK #4844-6469-8375 v103 (3) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) 10. Liability of Members and Employees of Ci!y. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers ("Indemnified Parties") from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs and expert witness fees) of any nature ("Liability"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant's responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scnpe of Obligation. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker's compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and 5 of 20 OAK #4844-6469-8375 x103 all rights to express or implied indemnity against the Indenmified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant's failure to comply with any of the terns of this Agreement. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant's acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. C'ornpliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest 6 of 20 OAK #4844-6469-8375 003 prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have acquired, at Consultant's expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. F. Waiver of Subro ag tion. Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for City. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assi rnmeslt. Subcontractors` Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City's sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant's indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated 7 of 20 OAK #4844-6469-8375 v103 by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the amounts and terms of insurance as may be required from time -to -time by City's risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 8 of 20 OAK #4844-6469-8375 v103 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: Terrie Zwillinger City of Rohnert Park — Public Works Department 600 Enterprise Drive Rohnert Park, CA 94928 Phone: 707-588-3331 Fax: 707-588-3333 Email: tzwillinger@rpcity.org If to Consultant: SSA Landscape Architects, Inc. Attn: Mr. Scott Reeves, PLA 4 Embarcadero Center, Suite 1400 San Francisco, CA 94111 scott@ssala.com 24. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 9 of 20 OAK #4844-6469-8375 v103 B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non -Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated -to -Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant must present a written claim to City in accordance with the Rohnert Park Municipal Code 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, 10 of 20 OAK #4844-6469-8375 003 illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 34. Applicable Law-, Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 36. Statement of Economic Interest. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person's financial interests. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. Signatures on Next Page 11 of 20 OAK #4844-6469-8375 003 CITY OF ROHNERT PARK CONSULTANT By: — - By City Manager Title: Date: Date: Per Resolution No. 2017 -_adopted by the Rohnert Park City Council at its meeting of February 28, 2017. CONSULTANT By: Title: Date: APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk 12 of 20 OAK #4844-6469-8375 v103 Exhibit A to Resolution EXHIBIT A SCOPE OF SERVICES 1. Insert SSA's Scone Exhibit A 13 of 20 Exhibit A to Resolution EXHIBIT B FEE SCHEDULE Insert SSA's Rate Schedule Exhibit B Efflywill OAK #4844-6469-8375 v103 Exhibit A to Resolution EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. ff that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the Exhibit C 15 of 20 OAK #4844-6469-8375 003 aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VIL General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant. 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City. 4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 7. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is Exhibit C 16 of 20 OAK #4844-6469-8375 003 canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to snail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards perfonnance of this Agreement. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Exhibit C 17 of 20 OAK #4844-6469-8375 003 17. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its officers, elected officials, employees, agents, and volunteers. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 20. These insurance requirements are intended to be separate and distinct from any other- provision in this agreement and are intended by the parties here to be interpreted as such. 21. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit C 18 of 20 OAK #4844-6469-8375 v103 Exhibit A to Resolution CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the duly authorized representative of the firm of whose address is neither I nor the above firm I here represent has: , and a and that a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date 19 of 20 1257802v1A 80078/0012 OAK #4844-6469-8375 v103 Signature Exhibit B to Resolution CSG TASK ORDER NO. 2017-01 CITY OF ROHNERT PARK AND SSA LANDSCAPE ARCHITECTS, INC AUTHORIZATION TO PROVIDE PROJECT MANAGEMENT AND PEER REVIEW SERVICES SECTION 1 — PURPOSE The purpose of this Task Order is to authorize and direct SSA Landscape Architects, Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and SSA Landscape Architects, Inc. ("Consultant") hereto dated February 28, 2017. SECTION 2 — SCOPE OF WORK The items authorized by this Task Order are presented in Attachment "A" - Scope of Services. SECTION 3 — COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment "B" for an amount not -to -exceed $ 50,000. SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2019 or as extended by the City Manager. SECTION 5 — ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 28"' day February, 2017. Signatures on Next Page Exhibit B to Resolution CITY OF ROHNERT PARK Darrin Jenkins, City Manager (Date) Per Resolution No. 2017- adopted by the Rohnert Park City Council at its meeting of February 28, 2017. ATTEST: Deputy City Clerk APPROVED AS TO FORM: City Attorney 2 SSA LANDSCAPE ARCHITECTS, INC. Scott Reeves, Associate Principal (Date) Exhibit A - Scope of Work A� L A N D S C A P E A R C H I T E C T S I N C. February 03, 2017 Terrie Zwillinger Project Coordinator Department of Public Works City of Rohnert Park 600 Enterprise Drive Rohnert Park, CA 94928 EXHIBIT A - SCOPE OF WORK: SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT I. PROPOSAL SUMMARY This project is generally described as project management services from conceptual design through construction close-out for a $1.8M synthetic turf sports field conversion at Sunrise Park, in Rohnert Park. SSA Landscape Architects, Inc. (hereinafter referred to as SSA) will self -perform all work described in Section II, working directly for the City of Rohnert Park Department of Public Works (hereinafter referred to as CITY). The project CONTRACTOR will be Codding Enterprises (hereinafter referred to as CONTRACTOR), and the Architect of Record will be Verde Design (hereinafter referred to as DESIGNER). SSA will serve as the Project Manager for the CITY, acting on behalf of the CITY to coordinate directly with the CONTRACTOR and DESIGNER. We do anticipate that CITY staff will be actively involved in the project, attending meetings and providing direction and feedback at all critical stages. The detailed scope of work for SSA, described in Section II, has been developed through email and phone correspondence with Terrie Zwillinger, Project Coordinator for the City of Rohnert Park Department of Public Works. We understand this project will move sequentially through the phases listed in Section II, and construction will not begin until the PS&E are completed and approved by the CITY. We understand that the PS&E will include complete Division 0 and Division 1 specifications that will provide SSA with industry standard tools of Public Contract Code to control and enforce project quality. There are items explicitly excluded from our scope of services that may become necessary during the project, including: Topographic Survey, Geotechnical Report, Arborist Report, all project inspections; all permit -related work, certified payroll administration, and daily monitoring of construction activities. SSA will perform the following tasks: II. DETAILED SCOPE OF WORK Phase One: Project Start-up / Program Validation / Concept Design a. Review DESIGNER Scope of Services and CONTRACTOR Development Agreement; distribute summary comments to CITY. b. Attend (1) project kick-off meeting with CITY and DESIGNER, coordinated by others; distribute minutes to all parties. c. Visit the site with the topographic survey and review for accuracy; distribute a summary of comments to all parties. d. Review the Geotechnical Report, prepared by others; distribute a summary of comments to all parties. e. Review the detailed GANTT chart project schedule, prepared by others; distribute a summary of comments to all parties. f. Prepare agenda and facilitate (1) coordination meeting with CITY and DESIGNER; distribute minutes to all parties. g. Peer -review the initial Conceptual Design and Cost Estimate; distribute a summary of comments to all parties. h. Peer -review the final Conceptual Design and Cost Estimate; distribute a summary of comments to all parties. i. Provide coordination and administrative support during this phase of work with all parties. SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT City of Rohnert Park Proposal No, P17004.00 February 03, 2017 Phase One Deliverables: Submittal reviews, including responses (items l.a, I.c, Ld, Le, l.g, Lh) (2) meetings, including agendas and minutes Phase Two: Design Development a. Prepare agenda and facilitate (1) design -review meeting with CITY and DESIGNER; distribute minutes to all parties. b. Peer -review the 50% PS&E package; distribute a summary of comments to all parties. c. Provide coordination and administrative support during this phase of work with all parties. Phase Two Deliverables: Submittal review, including summary of comments (item 2b) (1) meeting, including agenda and minutes Phase Three: Construction Documentation a. Prepare agenda and facilitate (1) design -review meeting with CITY and DESIGNER; distribute minutes to all parties. b. Peer -review the 90% PS&E package; distribute a summary of comments to all parties. c. Peer -review the 100% PS&E package; distribute a summary of comments to all parties. d. Prepare the Division 0 and Division 1 specifications, based on CITY standard templates; submit to CITY for review and comment. e. Provide coordination and administrative support during this phase of work with all parties. Phase Three Deliverables: Submittal reviews, including summary of comments (items 3.b, 3.0 Division 0 -1 specifications (1) meeting, including agenda and minutes Phase Four: Construction Administration a. Prepare agenda and facilitate (1) pre -construction meeting with CITY, CONTRACTOR, and DESIGNER; distribute minutes to all parties. b. Prepare agenda and facilitate (15) weekly construction meetings with CITY and DESIGNER; distribute minutes to all parties. c. Review and monitor CONTRACTOR's schedule on a monthly basis, and advise CITY of schedule impacts and deviations from CONTRACTOR's critical path item(s). d. Review and monitor CONTRACTOR's as -built documentation on a monthly basis, and advise CITY and CONTRACTOR of deviations or deficiencies. e. Receive and review all payment requests, and make recommendations for payment as appropriate. Nole, compliance wl"tb certified paj;roll is not included in this scope of work. f. Evaluate all document changes issued by the DESIGNER prior to issuance to the CONTRACTOR, and make revision recommendations to the CITY as appropriate. g. Review and submit written recommendations to the CI'T'Y for all CONTRACTOR requests for proposed change in scope compensation. Review CONTRACTOR's cost estimates, and negotiate changes to the contract consistent with CITY direction, Prepare final change orders and distribute to all parties. h. Prepare and manage the Project Submittal Log; verify submittals are complete before forwarding on to the DESIGNER for review and response. Facilitate and distribute reviews and responses. i. Prepare and manage the Project RFI Log; receive, review and verify RFI's are complete, warranted, and in compliance with Contract Page 2 of 4 Exhibit A SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT City of Rohnert Park Proposal No, P17004,00 February 03, 2017 Documents before forwarding on to DESIGNER for review and response, Facilitate and distribute reviews and responses. j. Prepare and manage the Project Inspection Log for all inspections required on the project Note, 5311 sloes notfurnish inspeclions, nor in n w,qe the Inspeclor of Record, the inspection requests, or inspection schecfading. k. Prepare agenda and facilitate (1) substantial -completion meeting with the CITY and DESIGNER. Review punchlist notes by the CITY and DESIGNER; incorporate into a formal punchlist and distribute to all parties. L Prepare agenda and facilitate (1) final -completion meeting with the CITY and DESIGNER Review meeting notes by CITY and DESIGNER; incorporate into a formal recommendation of acceptance or second punchlist and distribute to all parties. m. Ensure that the CONTRACTOR has provided all Project records, drawings, O&M manual, warranties and guarantees, and test reports as required in the specifications and as directed by CITY. Phase Four Deliverables: Eighteen (18) construction meetings, including agendas and minutes Project logs (items 4.i, 4.j, 41) III. PROPOSED FEES The detailed scope of work in Section II is proposed on an hourly basis. The fees will be based hours spent on the project, per the rate schedules included in the attached EXHIBIT B: Standard Billing Rate Schedule, including reimbursable expenses, travel time, and travel mileage. Compensation Notes: 1. SSA will invoice the CITY on a monthly basis for all services rendered. Invoicing will be consistent with the above phases. 2. Reimbursable expense rates are shown in the attached EXHIBIT B: Standard Billing Rate Schedule. The actual amount of reimbursable expenses will vary based on project requirements, but will generally include the items listed in EXHIBIT B, as well as the increased Professional Liability insurance coverage required for SSA by CITY from $1,000,000.00 per claim to $2,000,000.00 per claim. 3. SSA will invoice the hours worked against the Task Order (purchase order) established by the CITY. The initial Task Order has been established at $50,000. Based on our understanding of our level of involvement, we anticipate exceeding this amount, at which time an additional Task Order will be requested. IV. ADDITIONAL SERVICES SSA may provide additional services, as requested in advance by CITY. Additional services will be negotiated separately based on the billing rates contained in the attached "Standard Billing Rate Schedule" and must be pre -authorized in writing by CITY prior to the commencement of work, Additional services may include, but are not limited to: 1. Task Order increases to cover overages of the initial $50,000 budgeted. 2. Extensions in the project schedule beyond the anticipated dates furnished by DESIGNER. 3. Unforeseen changes in the scope of work, design program, budget, or schedule. 4. Attendance at any meetings or public hearings not explicitly listed in Section II. 5. Preparation of meeting minutes or agendas not explicitly listed in Section II. 6. SWPPP management, monitoring, coordination, QSD or QSP services. 7. Geotechnical Report. 8. Arborist Report. 9. Topographic Survey, 10. Any permits, fees or jurisdictional administrative coordination necessary to construct the project, 11. Inspector of Record, special inspections, or inspection coordination. Page 3 of 4 Exhibit A SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT City of Rohnert Park Proposal No. P17004,00 February 03, 2017 12. Project Notice of Completion. 13. Bid support, bid phase services, value engineering services, bid alternate services, or plan holder management. 14. Extension of increased Professional Liability insurance coverage beyond April 2018. V. SCHEDULE We will provide our services on an 'On -demand' schedule where we will return all deliverables within 10 working days from the date of request received. During construction, we can address and respond to items that require a quicker turn -around on a case-by-case basis. VI. INSURANCE SSA will provide a current insurance certificate. Asper our agreement with the CITY, SSA has added an additional $1,000,000 in coverage to our Professional Liaiblity insurance policy to meet the $2,000,000 per claim requirement. This additional coverage has been added as an expense to the project and will be in place until April 2018. In the event the project is not complete by that date, the CITY agrees to compensate SSA for renewing the additional coverage. In addition, the CITY has agreed to accept the current SSA Business Auto policy coverage in the amount of $1,000,000. We look forward to the opportunity to work with the City of Rohnert Park on this exciting project. Sincerely, Scott Reeves, PLA, QSD Associate Principal Cal lfomiaRegistered landecapeArch itect#5331, exp 12/31/18 Page 4 of 4 Exhibit A L A N D S C A P E A R C H I T E C T S; EXHIBIT B STANDARD BILLING RATE SCHEDULE Effective through December 2017 PROFESSIONAL SERVICES Principal Landscape Architect $195.00 / Hour Associate Principal $177.00/ Hour Senior Project Manager $164.00/ Hour Project Manager $144.00 / Hour Landscape Architect $122.00 / Hour AutoCAD Technician $106.00 / Hour Staff Clerical, Administrative $92.00 / Hour REIMBURSABLE EXPENSES Subconsultants Direct Billing x 1.10 In -House Office Services: As listed below x 1.10 Plotting: Transparencies: Color Bond $4.55/sf Color Black & White Bond $2.90/sf Black and White Vellum $4.20/sf Mylar $9.50/sf Color Laser Prints: Blueprints: 8.5 x 11 $.50/each 24 x 36 11 x 17 $.85/each 30 x 42 Black & White Laser Prints: 8.5 x 11 $.10/each 11 x 17 $.15/each CD Media: CDR $5.00/each Outside Reimbursable Expenses: Reproduction, photography, shipping and postage, miscellaneous expenses Direct Cost x 1.10 Travel: Mileage Other travel expenses $.535/ mile Direct Cost x 1.10 $3.00/each $2.00/each $2.00/each $2.50/each I N C .