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2020/11/10 City Council Resolution 2020-098 RESOLUTION NO. 2020-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A 2020 MASTER SERVICES AGREEMENT WITH GHD, INC. FOR ENGINEERING PLANNING, DESIGN, CONSTRUCTION MANAGEMENT, AND RELATED SERVICES WHEREAS: GHD, Inc. (GI-ID) is a qualified professional services firm specializing in a wide variety of engineering planning, design and construction management services with a focus on municipal project work that has provided design and engineering services to the City under various prior agreements; and WHEREAS, consistent with the Purchasing Policy, the City has received proposals and negotiated with GHD for a new master services agreement, to provide ongoing municipal engineering services to be awarded by task order in accordance with the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Master Services Agreement by and between GI-ID, Inc., a California corporation, and the City of Rohnert Park, a municipal corporation. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate the MSA for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the master services agreement attached hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 10th day of November, 2020. CITY OF ROHNE�T PARK JosepVr. Callinan, Mayor ATTEST: Sylvia L Cuevas, City Clerk :'._• ��. , Attachment: 'Exhibit A .\D.\JIS: FUO BF,Lr /�Uy srnFrOri u: a1�CRF:Nzu:: �.1/ IOu.ir-IA": �JT� ANT-S: ( uoEs: r: 1 1 nosrn'U`N':" �/— Page 1 of 18 OAK #4844-6469-8375 v105 MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as of the tenth day of November, 2020, by and between the City of Rohnert Park ("City"), a California municipal corporation, and GHD, Inc. ("Consultant"), a California corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain the services listed in Exhibit A; 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. Incorporation of 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. City. 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 Development Services Director 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 William Silva 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. Page 2 of 18 OAK #4844-6469-8375 v105 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 fifteen thousand dollars ($15,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. 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 and unencumbered appropriation of the City. In the event the City Page 3 of 18 OAK #4844-6469-8375 v105 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. All invoices associated with this Master Agreement and associated Task Orders shall be submitted electronically to accountspayable@rpcity.org with a carbon copy to the project manager. All invoices for the previous fiscal year (July through June), shall be submitted by the first week in July of the following year and dated no later than end of June. 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, 2024, 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 Page 4 of 18 OAK #4844-6469-8375 v105 contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed 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 Requirements. 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 withou t 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. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (1) will not have the power to make any governmental decision, including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or Page 5 of 18 OAK #4844-6469-8375 v105 revoke any permit, license, application, certificate, order, or any similar authorization or entitlement; authorize, modify, or renew any form of City contract; grant approval to any City contract specifications on behalf of the City; or grant City approval for any plans, designs, reports, or similar; and (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity — for the purposes of this provision, “participating in a governmental decision” including providing information, an opinion, or a recommendation directly to any person at the City empowered to make a decision on behalf of the City without significant intervening substantive review; and (3) will not perform the same duties for the City that would otherwise be performed by a staff member required to report under the City’s conflict of interest code. (2 Cal. Code Regs. § 18700.3.) 10. Liability of Members and Employees of City. 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. To the maximum extent permitted by law, the City shall have 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. Page 6 of 18 OAK #4844-6469-8375 v105 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. Scope 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 all rights to express or implied indemnity against the Indemnified 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 terms 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, transportatio n 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. Compliance 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. Page 7 of 18 OAK #4844-6469-8375 v105 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 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. Unless exempt by law, 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. 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. Assignment; 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 Page 8 of 18 OAK #4844-6469-8375 v105 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 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 Co nsultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of Page 9 of 18 OAK #4844-6469-8375 v105 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. 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: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 Phone: 707-588-2232 Fax: 707-794-9242 Email: engineering@rpcity.org If to Consultant: GHD Inc. William Silva 2235 Mercury Way Suite 150 Santa Rosa, CA 95407 Page 10 of 18 OAK #4844-6469-8375 v105 Phone: 707-523-1010 Email: Bill.Silva@ghd.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. 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 selecti on 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. Page 11 of 18 OAK #4844-6469-8375 v105 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 shall comply with claims presentation requirements under the Government Tort Claims Act, California Government Code Sections 900 et seq. and 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, 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. Page 12 of 18 OAK #4844-6469-8375 v105 IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: Per Resolution No. 20__-__adopted by the Rohnert Park City Council at its meeting of <<Date of meeting>>. CONSULTANT By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk GHD | Appendix A: Scope of Services | 1 Statement of Qualifications for As-Needed Engineering Professional Services Exhibit A: Scope of Services The following pages contain Scope of Services organized by category. Design Services for Capital Improvement Projects GHD’s capability to provide design services to the City for Capital Improvement Projects (CIP) is unique in that our size and diversity allows us to provide multiple project managers from our local office and we can provide all of the required technical resources in-house. Our local project managers are familiar with the City’s infrastructure and current design standards. We have the expertise to provide almost all of the services listed in the RFQ. In addition, we understand the efforts required to deliver these projects from multiple perspectives. The Relevant Experience section of this SOQ highlights our engineering and CIP experience. Approach to Scope of Services Our approach starts with clearly understanding the project, listening to the City's needs, identifying opportunities and constraints, and developing a solid work plan. Over the years, we have found several ways to develop a thorough work plan that includes either holding a Design Workshop at the start of projects or developing a Basis of Design that includes a Constructability and Completeness Review. Either of these two approaches allows us to effectively define and implement the project through a proven methodology that defines requirements for project success. A successful example was the Eastside Trunk Sewer/ Snyder Lane Widening Project. The Design Workshop identified the specific neighborhood needs, which were worked into the detailed design. Our team's use of constructability reviews also helped ensure a constructable project. The project was designed and delivered on schedule and performs as designed. The results of the Design Workshop are captured in our standard project predesign report and carried forward through design. Our approach also utilizes our relationships and contacts to increase project efficiency. Our CIP project managers and engineering staff have developed strong relationships with local approving and partner agencies that will be beneficial to project development and processing. We routinely interact with Caltrans Local Assistance, Sonoma County Transportation Authority (SCTA), Metropolitan Transportation Commission (MTC), Sonoma County Proposed Services Engineering Services: •Private Development Grading Permit Review •Water Efficient Landscaping Ordinance Reviews •Water Efficient Landscaping Ordinance Field Auditing and Reporting •Final Map Review •Construction Management •Construction Inspection •Development and Agreement Coordination •Public Acceptance Package Coordination •Public Presentation and Outreach Coordination •Surveying Services •Low Impact Development Design Review •Sonoma County Water Agency Flood Control Manual Development Review •Public Outreach Services Capital Improvement Services: •Water/Sewer/Recycled Water/Storm Water ○Wells ○Pumps ○Tanks ○Pipeline ○Pumps ○Inflow and Infiltration •Geographic Information System and Mapping •Feasibility Studies •Drafting •Professional Engineering •Design Services •Technical Specification Creation •Construction Management •Construction Inspection •Asset Planning and Environmental •Project Management •Federal Project Management •Traffic Engineering Services and Specialization •Geotechnical Engineering and Materials Testing Water Agency (SCWA), Sonoma-Marin Area Rail Transit (SMART), California Department of Fish and Wildlife (CDFW), North Coast Regional Water Quality Control Board (NCRWQCB), San Francisco District, United States Army Corps of Engineers (SF USACE), National Marine Fisheries Service (NMFS), and United States Fish and Wildlife Service (USFWS). In addition, we regularly attend the SCTA Technical Advisory Committee (TAC) meetings and have participated in County Bike and Pedestrian Advisory Committee (CBPAC) meetings. GHD | Appendix A: Scope of Services | 2 Statement of Qualifications for As-Needed Engineering Professional Services GHD has the in-house expertise to cost effectively implement the preferred design alternative for a project. Recent CIP projects successfully executed by GHD in Rohnert Park include water and wastewater facilities, utility replacements including the use of trenchless technologies, road widenings, bridges/box culverts, Caltrans funding procurements, streetscapes, traffic control/signals, roundabouts, creek restorations, Americans with Disabilities Act (ADA) compliance upgrades, and other bike and pedestrian improvements. The breadth of our technical expertise allows us to use the appropriate engineering disciplines and technologies to solve your infrastructure needs. On the Eastside Trunk Sewer Project, GHD developed a Constructability and Completeness Review that included a review and assessment of alignment design, a utility coordination check, geotechnical considerations, soil and groundwater contamination, evaluation of materials, and an evaluation of trenchless technologies for recommendations for installation of deep pipelines. Our expertise and knowledge of various technologies allowed the City to select the correct technology for installation of the trunk sewer at the lowest cost. Throughout the design process, GHD performs quality assurance and quality control of the project documents prior to deliverables to the City. The reviews are performed by senior engineering staff to ensure scope items are addressed and that design documents meet the standard of care. With our construction management group in-house, our team is available to perform constructability reviews prior to finalizing our construction drawings. This ensures that constructability issues are corrected before construction, thus avoiding delays in the field. Constructability issues are corrected before construction, thus avoiding delays in the field. Eastside Trunk Sewer and Roadway Reconstruction, Phases 1, 2 and 3. GHD provided design engineering, environmental compliance, and public relations, as well as construction management services for all three phases. GHD | Appendix A: Scope of Services | 3 Statement of Qualifications for As-Needed Engineering Professional Services Water, Sewer, Recycled Water, and Stormwater Our water and wastewater engineering experience encompasses water supply development, treatment facilities, master planning, network analysis, pipelines, pump stations, storage facilities, stormwater permits and design, corrosion control and engineering, and asset management and system optimization. We have prepared sewer system management plans, water quality and supply assessments, urban water management plans, and master plans. Our local GHD team has prepared studies, designed,and improved treatment plants for a number of clients in California which have evaluated conventional and alternative technologies to meet a particular system’s needs. We have experience with distribution system water quality issues, residual maintenance, and storage tank design and retrofitting. Services provided also include modeling, analysis, design, and construction engineering for transmission, distribution, and collection facilities, such as storage, distribution and collection system pipelines and interties, booster pump stations, elevated and ground level storage, and telemetry systems. Our team has significant local experience with stormwater planning, design, and project engineering. We understand the natural and constructed hydrology of our local area, and have provided storm drain design, flood control, and groundwater recharge services to the City over the past several years. GHD has worked on a number of water and sewer projects for the City, such as the current CIP-6 Sewer Capacity Project Phase 1 & 2. We have provided on-call water services to many local municipalities including the Cites of Santa Rosa, Cotati, Petaluma, and Healdsburg, the Town of Windsor, and many more. Our area has been experiencing drought conditions for a number of years, requiring that every drop of water is put to optimal use. The City of Santa Rosa’s wastewater treatment plant provides a reliable source of recycled water for irrigation and other approved uses, but expansion within City limits is within the City’s jurisdiction. GHD is prepared to help City engineers navigate the planning and regulatory environment of recycled water. Approach to Scope of Services Over the years working with the City and other nearby municipalities, we have learned how to effectively execute on-call services. Task orders associated with on-call services tend to require efficiency, with smaller budgets GHD is a leader in Water, Sewer, Recycled Water, and Stormwater • Asset Management & System Optimization • Biosolids & Residuals Treatment • Business Consulting • CEQA/NEPA & Environmental Permitting • Dams • Hydrogeological & Groundwater Studies • Industrial Water & Waste Management • Instrumentation, SCADA & Controls • Intakes • Integrated Water Management • Irrigation Design • Lift Stations • Materials Technology & Corrosion Control • Nutrient Control • Operations Consulting • Pipeline Evaluation & Design • Pump Stations • Storage Facilities • Stormwater Permits & Design • Water Collection System • Water Treatment & Recycling • Water Modeling & Master Planning • Water Strategy Planning • Water Distribution & Storage • Water Efficiency • Water Sciences • Water Supply Development • Water Treatment Facilities and shorter delivery periods. GHD will respond accordingly as shown in the following examples: • Establish project goals and objectives at the start to minimize re-work during the course of the project • Provide frequent communication with City staff to avoid scope and budget overruns and near misses • Incorporate constructability reviews and value engineering to form more cost effective solutions Specific to the City’s on-call needs, GHD routinely provides planning, design and construction services for water projects, completes environmental studies and prepares permit documents. In addition, we have in- house surveying and geotechnical capabilities, as well as strong partnerships with local firms that can respond immediately. GHD | Appendix A: Scope of Services | 4 Statement of Qualifications for As-Needed Engineering Professional Services Environmental Services Environmental Services GHD planners and scientists specialize in providing a variety of environmental services in accordance with the requirements of the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Caltrans, and regulatory agencies. GHD services include the preparation of the following: •Categorical Exemptions/Categorical Exclusions •Initial Studies/Environmental Assessments •Negative Declarations/Finding of No Significant Impacts •Environmental Impact Reports/Environmental Impact Statements •Mitigation Monitoring & Reporting Programs •Public Noticing •Joint CEQA/NEPA Documents •Regulatory Permit Acquisition •Biological Studies, Surveys, and Monitoring Environmental Planning Environmental planning begins with helping our clients define their objectives, and then determining how those fit into the context of sensitive environmental resources and the regulatory requirements that protect them. Our staff of planners, scientists, and biologists can develop documentation, gather community and stakeholder input, and offer alternatives and solutions. The goal is to maintain full compliance with environmental regulations while keeping our clients’ projects moving forward. GHD’s environmental documents are written for decision makers as well as the public. Our document formatting and analysis is clear and concise, and our state-of-the- art graphics and geographic information system (GIS) departments provide visually appealing graphics and mapping. Public outreach programs are developed to meet the needs of each individual project, whether it is a minimal program limited to required noticing or a larger program that utilizes scoping meetings, neighborhood meetings, or outreach to residents during construction. Environmental Permitting Environmental permitting is often a critical factor in moving our clients’ projects toward successful implementation. Our permitting staff offers local resource knowledge, along with the ability to work constructively with regulatory staff to facilitate timely approval of permits. These relationships help us facilitate the early involvement of agency staff in the planning process. This is crucial to gaining agency cooperation and input, ensuring that the project is more likely to be approved, and avoiding costly delays. We can assist our clients to obtain regulatory permit acquisition from numerous agencies, including: •USACE •USFWS •California Department of Transportation (Caltrans) •CDFW •State Historic Preservation Office (SHPO) •State Water Resources Control Board •Department of Health Services (DHS) •NCRWQCB •Bay Area Air Quality Management District (BAAQMD) •SCWA •Licensing and Encroachment Permits Legally Defensible CEQA Documents Every document produced by GHD is subject to Quality Control review by senior staff. GHD and its CEQA staff have a history of preparing successful environmental documents, none of which have been overturned by the courts. Cost Efficient All of our CEQA professionals have worked extensively for the City and are familiar with the environmental and organizational setting for their projects. We integrate the CEQA compliance and natural resource permitting efforts with engineering pre-design and focus on writing feasible mitigation plans, all of which means savings in time, money, and stress. “....Your thorough understanding of the CEQA process, including most importantly never losing sight of the end goals or schedule of the client while not compromising the neeed to minimize litigation exposure, has been a tremendous benefit to the City and the rate payers over the last few years.” - Dan Carlson City of Santa Rosa (Retired) GHD | Appendix A: Scope of Services | 5 Statement of Qualifications for As-Needed Engineering Professional Services Construction Management and Inspection Services We understand the City’s need for quality construction products, documented testing and inspection reports, change and claims management, prompt response to City staff and construction contractors, and public relations. Approach to Scope of Services Construction Management Philosophy: A Healthy Project is a Successful Project! Application of personal wellness practices to construction projects monitors important functions, provides critical information to the team, and facilitates appropriate response to project challenges. Project Communications and Tracking One of the most important factors in the success or failure of a construction project is communications. Clear communication between the design team, Construction Manager (CM) and Contractor field staff, and the Owner is critical to understanding priorities and establishing relationships that will foster the trust needed to work through significant project issues. Clear construction documentation is essential to support communications and to understand project status. GHD uses Procore® to organize critical documents and track performance metrics. Like a Fitbit for your project, Procore®: •Uses a dashboard to provide a quick overview of performance metrics •Allows users to drill-down into critical data •Has alert and e-mail notification capabilities •Provides reports that illustrate project performance •Can share information across the project team Similar to a focus on healthy personal habits, document controls encourage healthy project habits. Task Planning/Problem Avoidance GHD recommends a pre-task planning session prior to starting a new activity or working with a new crew, similar to an Occupational Safety and Health Administration (OSHA) Job Hazard Analysis (JHA). Just as a task is evaluated from a safety perspective, GHD recommends meeting with the Contractor to evaluate each new task from a quality control perspective. Assuring that the construction crew has a clear understanding of the work required, and the associated quality control requirements prior to beginning the task, is the best way to build quality into a project. Similar to checking that the necessary personal protective equipment (PPE) is on-hand as part of a JHA, a quality control task analysis includes assuring that the necessary tools, materials, and equipment are on-hand, including confirmation that the associated submittals have been approved and any quality control inspections or testing are scheduled. Spending time before the task to review requirements and anticipate potential challenges is preventive medicine for the project’s health. Problem Solving Despite tracking to encourage healthy project habits and planning to avoid hazards, challenges come up on every project. Like personal care physicians, GHD’s construction management team takes an active role in: •Diagnosing the problem •Evaluating alternatives •Working with the Contractor, Owner, design team, and other stakeholders to identify solutions that will restore a project's health as efficiently as possible Initiating discussions on contentious issues as soon as they arise can allow resolution of potential claims before the parties become entrenched. GHD fosters a team approach to project issues, so that challenges are less likely to inflame adversarial relationships and have a long-term impact on project success. Critical Response Projects are sometimes met with unexpected issues. Regardless of cause, professional relationships, clear communications, and a commitment to a prompt resolution will allow project participants to work as a surgical team to resolve the issue effectively. Like a critical care unit, GHD has subject matter experts who can be engaged quickly to assist in pinpointing the most urgent steps to minimize collateral schedule and cost impacts. GHD’s Construction Management Approach – Good for the “Wellness” of Your Project Snyder Lane Rehabilitation Project GHD's proactive and collaborative construction management of this project resulted in minimal disruption to City traffic, while completing the improvements. This project was completed on schedule and within budget. GHD | Appendix A: Scope of Services | 6 Statement of Qualifications for As-Needed Engineering Professional Services Traffic Engineering and Transportation Planning Consulting Services GHD’s capability to provide Traffic Engineering and Transportation Planning services to the City is unique in that our project team consists of professional staff with diverse experience providing these services throughout the County of Sonoma, State of California, and Pacific Region. This diversity and several years of providing municipal traffic engineering and transportation planning services benefits local projects. We are familiar with the City’s circulation, parking, pathways, and neighborhoods, and we have the expertise to provide a broad range of Traffic Engineering and Transportation Planning Services. The Relevant Experience section of this SOQ highlights our Traffic and Transportation experience. Approach to Scope of Services Our approach starts with clearly understanding each task, listening to our client needs and agency or communicty drivers, identifying opportunities and constraints, and developing a solid work plan to complete each task proficiently. Over the years, we have found that our on-call and staff services contracts are most successful when we have strong relationships, existing and newly formed, with the City and staff members we are expected to work with. Many of the tasks and services we provide in other communities have allowed for us to operate most efficiently as an extension of City staff, allowing for the opportunity to more intuitively understand the tasks and listen to our partners. We are sitting at the same table, with the same concerns at a local and regional level. Our experience working collaboratively on the SCTA-led Vision Zero is a successful example. We are also developing a "countywide" Local Roads Safety Plan (LRSP) in collaboration with seven local jurisdictions, including Rohnert Park. We have formed solid working relationships with City staff, and hope to cultivate this union while working on future projects, services, and tasks. Our approach also utilizes our diverse experience and specific understanding of the context of the City to increase project efficiency. Our project managers and engineering staff have worked on traffic engineering and transportation planning projects and have become well acquainted with the City streets. We live, work, and play within the community. It’s our experience as Professional Traffic Engineers here and outside the community that has allowed us to sharpen our skills. For one of our local on-call traffic engineering clients, the Town of Windsor, it’s the knowledge of our project lead, Frank Penry, that has this type of benefit in professional experience and specific knowledge of the area. It’s with this approach, the precise mix of relationships, diverse professional experience, and understanding of the City, that GHD will successfully provide Traffic Engineering and Transportation Planning services. Roundabout Intersection Improvements Southwest Boulevard at Commerce Boulevard GHD completed the initial citywide roundabout study for the City. A priority that was determined from this study was the roundabout at Southwest Boulevard and Commerce Boulevard. GHD is currently completing the plans, specifications and estimate for the roundabout, which is scheduled for construction next year. GHD | Appendix A: Scope of Services | 7 Statement of Qualifications for As-Needed Engineering Professional Services Development Review GHD has been performing development review services for local municipalities as part of our municipal-based staples for many years. We have developed dynamic and experienced review staff that can assist with timely development review and plan processing. GHD’s core development review team actively engages with regional stakeholders, including Sonoma Water. Since we are currently completing development review for additional local agencies, we intimately understand the nuances of the plan and map check components of the development review process. Our services include project management, survey/parcel-map review, lighting review, civil engineering calculation review, drainage review (in support of Sonoma Water), Low Impact Development (LID) design review, utility plans, geotechnical reports, traffic reports, erosion control, structural plans (building permit), and bridge/guardrail design. Approach to Scope of Services The development review process requires significant due diligence, care and regulatory expertise in order to maximize response to the community’s and department’s needs. With our extensive in-house civil, survey, transportation, traffic, geotechnical, electrical, and structural expertise, coupled with our municipal design and development review on-call experience, we can provide the most expedient and efficient review of development proposals. Our survey team is equipped to quickly provide parcel map review, while our civil team is prepared to oversee the review of improvement plan. Additional support resources will provide input on geotechnical, civil, structural, electrical, transportation, and traffic. As mentioned previously, we understand that communication is paramount to any successful project. We will coordinate with City staff to ensure the project has complied with the project Conditions of Approval and applicable mitigation measures of the environmental document. We will provide review letters and redlines for all plan checks. Upon final review, we will send letters recommending approval of the plans and map to the City Engineer and the project planner. GHD is well suited to partner with the City and provide the technical expertise and support necessary to successfully fulfill the requirements of your review assignments. Although GHD is a larger firm, many of our contracts average under $100,000; we are proud to . In addition to working with the City, GHD has provided municipal engineering and professional services to the City of Petaluma since 2005. We completed plan and map reviews for commercial and residential development projects from concept level phase through construction. Likewise, GHD has an ongoing engineering contract with the City of St. Helena to provide on-call services, including development review. Work consists of development plan check, mapping review and review of supporting documentation. Development plan check consists of civil improvement review including public streets, facilities for domestic water, sanitary sewer, storm drainage and recycled water, fire protection services, street lighting, traffic, signing/striping, grading, public/ common area landscaping, storm water management program and erosion control for conformance with Conditions of Approval, City Ordinances, Model Water Efficient Landscape Ordinance (MWELO), Water Neutrality, Standards and Specifications, RWQCB compliance, and sound engineering practice. Mapping review includes checking Parcel Maps for conformance with Tentative Maps and any approved alterations, checking the Conditions of Approval, reviewing improvement plans to verify that all needed easements are addressed on the face of the Map or by separate instrument and checking for compliance with the Subdivision Map Act. In addition, GHD reviews all supporting documents, as needed, including traffic study, geotechnical report, masterplans, area specific plans, earthwork calculations, estimate, memorandums and/or supplemental conditions. GHD | Appendix A: Scope of Services | 8 Statement of Qualifications for As-Needed Engineering Professional Services Buildings, Structural, and Mechanical, Electrical, and Plumbing Engineering GHD’s Property & Buildings team is comprised of all the technical disciplines required for complex building projects, including structural, mechanical, plumbing, electrical, telecommunications, and fire protection engineering. Our team includes LEED® Accredited Professionals experienced in sustainable design as well as a Certified Commissioning Authority specializing in building design and construction. Our engineers work together to provide a focused and integrated design team serving building owners and architects. This team brings experience in municipal and commercial buildings; medical and institutional facilities; educational facilities; wineries; airport infrastructure; high-tech, laboratory and research and development (R&D) facilities; industrial manufacturing and production facilities; and hospitality and hotel facilities. Our Property & Buildings team has completed hundreds of projects for municipal and government clients throughout California with experience ranging from condition assessments, emergency generator replacements, office building tenant improvements to major facility expansion, and 20-year master planning. We have also held a number of local and regional on-call contracts, such as current agreements with the County of Sonoma, Sonoma Water, San Francisco Public Works, and the University of California Irvine Medical Center. Notable projects in the City of Rohnert Park include: •Sonoma State University Ives Hall Roof and Heating, Ventilation, and Air Conditioning (HVAC) Replacement •Snyder Lane Widening Multi-Cell Box Culvert Extension •Sewer Interceptor/Outfall Structural Design •City Center Drive Parks Improvement Structural Design •Rohnert Park Southwest Fire Station •Burton Avenue Community Center •State Farm Building Renovation Approach to Services Mechanical Engineering Services GHD’s mechanical engineering team provides our clients with practical and functional analysis and design for mechanical systems. Our mechanical engineers are experienced in the assessment and analysis of existing systems, the design of new systems, and forensic engineering of system failures. The team provides traditional building system design and commissioning services along with more complex systems such as fueling, lab gases, and process design. Our mechanical engineering experience includes: •Variable Refrigerant Flow (VRF) systems •Variable Air Volume (VAV) systems (dual duct and reheat type conversions) •High efficiency packaged units •Chilled water systems, primary and secondary system, centrifugals, screws and reciprocating types from 60-2000 tons, variable and constant flow •Built up air handlers •Pre-conditioned air for dehumidification •Boilers systems, steam, hot water and various high efficiency types including pulse, modulating flow and temperatures, constant and variable flow •Cooling towers and condenser water pumps, both constant and variable flow •Direct/Indirect Evaporative coolers •Radiant floors •Heat recovery systems •Commissioning •Design of sewage treatment plants, pump stations, water treatment plants, compressed natural gas filling systems, and related facilities •Design of HVAC systems; plumbing systems, emergency generators systems, and auxiliary water supply systems •HVAC Control Systems both pneumatic & DDC •Surge analysis for pumping stations HVAC Installation at the City of Santa Rosa's Utilities Field Office GHD | Appendix A: Scope of Services | 9 Statement of Qualifications for As-Needed Engineering Professional Services Structural Engineering Services GHD’s structural engineering team provides our clients with practical and functional analysis and design for structures. Our structural engineers are experienced in the assessment and analysis of existing structural systems, the design of new structures and forensic engineering of structural failures. The team provides traditional new building/structure design as well as retrofit of existing structures. Our structural engineering experience includes: •Building structures projects using concrete, steel, light gage steel, masonry or wood construction •Pump station projects •Wastewater treatment plants including all types of environmental structures such as headworks, digesters, clarifiers, aeration basins, etc. •Water resource projects including both flat bottom and elevated water storage tanks •Storm water projects •Civil retaining wall projects including conventional concrete or masonry retaining walls, soldier pile walls, steel sheet pile walls and tie back systems •Bridge projects including culverts, pedestrian bridges and Caltrans projects •Miscellaneous projects such as pipe supports, equipment support and access platforms and pipe bridges Electrical Engineering Services GHD’s electrical engineering team provides our clients with analysis and design for building electrical systems including lighting, power and HVAC controls; security systems; fire and life safety systems; telephone and data communication systems; building management systems; and direct digital control systems. Our electrical engineers are specialized in the design of high voltage (up to 115-kV) substations, power generation equipment (hydro, gas turbines, diesel and methane/natural blend) switchgear and low voltage equipment. They have comprehensive experience in a wide range of applications including: •Building and Site Power Distribution •Generators, Uninterruptible Power Supply (UPS), and Essential Electrical Systems •Photovoltaic Systems •Interior and Exterior Lighting •System Modeling, Short Circuit & Arc Flash Analysis •Motor Controls, Drives, and Programmable Logic Controllers (PLCs) •Supervisory Control and Data Acquisition (SCADA) Systems and Process Controls •Automatic Energy Controls •Fire Alarm Systems •Telecommunications Infrastructure •Sound and Signal Systems •Commissioning Snyder Lane Road Widening This project included structural engineering for the bridge widening. GHD | Appendix A: Scope of Services | 10 Statement of Qualifications for As-Needed Engineering Professional Services Additional Services Advanced Analytics Services At GHD Digital, we combine our people's knowledge with new technologies and systems to help our clients embrace rapidly emerging digital advancements and generate value for their businesses. GHD’s Digital team partners with our customers to help them move along their digital transformation path, focusing on data-based insight. We help create market-leading actionable insight from digitized assets (data) to help businesses and communities derive significant value from it using Advanced Analytics. There is no data scarcity anymore. If anything, there is an over-abundance of data. Data was always available. Disruptive technologies have enabled the processing of vast volumes of data at incredible speed enabling decision making based on that data. Approach to Scope of Services GHD Digital believes we are in a unique position to assist the City with its objectives by employing a holistic approach to identify the most critical problems. We can deliver accurate analytical outcomes using conventional and non-conventional data from internal and external sources and assist in organization-wide adoption of these analytical outcomes to realize the intended benefits. GHD’s Digital Intelligence team has vast experience in collecting and managing massive amounts of structured (e.g., tables & databases) and unstructured (e.g, documents & photos) data from various sources and using it to provide unique insights based on cutting-edge analytics to thousands of organizations worldwide. We have developed our project approach based on our "4A Framework" by planning to work closely with key stakeholders to enhance the City's analytical capabilities to meet its current requirements as well as build a foundation for meeting future requirements and priorities. As part of the proposed engagement, our team can define detailed business requirements with success metrics, identify data source and inventory, perform data gap analysis, and implement a data lifecycle process to build an analytics data store. Predictive scores, indicators, and models can be made using various analytical tools to connect to the data storemart. The result can then be visualized and consumed by commercial-off-the-shelf or custom products to enable auditors, inspectors and investigators the ability to prioritize assets in support of the City's mission and help leadership to track the success against predefined Key Performance Indicators. Our team has expertise in developing exceptional tools and technologies to store, access, and analyze large amounts of data in near-real-time. In a previous project with Unity Water in Australia, GHD developed a machine learning-based sewer overflow prediction tool. The solution includes a "nowcast" model that forecasts the next six-hour sequence of rainfall using radar images from the preceding six hours. It also includes a prediction model that takes this forecast sequence and provides a probability of sewer overflow for each pump station. Additionally, it calculates specific overflow risk for individual Sewerage Pumping Stations (SPS) and communicates SPS wet weather overflow risk to operational staff. This project has transformed Unity Water’s response to sewer overflows from reactive to proactive. Additionally, in an ongoing project for a water wholesaler in Northern California, GHD aims to evaluate the success of programs to promote water efficiency for customers, ranging from equipment installations to audits, and including whether (and to what extent) they have lowered the water use for participating sites. Preliminary findings include recommendations of which program types tend to be most effective, and quantification of temporal changes such as water savings "rebound". Figure 1. Assessing Water Conservation Effectiveness using Google’s Causal Inference Algorithm GHD | Appendix A: Scope of Services | 11 Statement of Qualifications for As-Needed Engineering Professional Services Immersive Design Solutions (IDS) Photorealistic Visualization Standard Visualization In a dynamic landscape where smart technologies are leading the way to smart infrastructure and Smart cities, we have consolidated the capabilities required to quantify the impacts that immersive digital technologies have on operational performance - cost, risk and functional perspectives - allowing us to turn immersive technologies into smart realities. We apply this understanding in our Immersive Digital Solutions Team to take full responsibility for smart technology deployment from concept and validation to delivery and operation. GHD Digital takes the guesswork out of smart connected infrastructure and technology for our clients. We help our clients understand complex data simply and completely by using virtual, augmented, and mixed reality solutions to immerse them in their environments, designs, and data. We build, deploy, and support immersive digital solutions to improve communication, enhance efficiency, drive performance, reduce rework, support collaboration, and enable engagement. Digital Services GHD is adapting and co-creating new ways of thinking to realize the growth opportunities that the digital era offers with GHD Digital. Combining our knowledge of digital technologies with over 90 years of expertise in the delivery of engineering, environmental, and construction services, GHD Digital helps our clients to think differently and embrace digital tools and solutions so they can reduce costs, enhance customer experience, and future-proof their business. Aerial and Ground Intelligence Photogrammetry Aerial Thermography Aerial GHD Digital’s Aerial & Ground Intelligence Team goes far beyond basic drone photography and site survey. Our team of experienced remote aircraft pilots, geomatics engineers, professional surveyors, and data scientists leverage advanced technology and powerful processing systems to ensure quality data capture, accurate results, and in-depth data analytics. This service is possible through technologies, such as, photogrammetry (rapidly generated maps and models to provide intelligence on site conditions), light detection and ranging (LiDAR) (dense and accurate data point clouds), geomatics (geospatial intelligence to support ground and aerial surveys), and thermography (sensor technology for detecting anomalies). GHD | Appendix A: Scope of Services | 12 Statement of Qualifications for As-Needed Engineering Professional Services Location Intelligence Site Selection 3D Visualization The way we discover, collate, manage, and communicate data is constantly evolving. With this comes a sense of urgency to gain insights from the vast amounts of data now available. At GHD Digital, we transform location data into actionable business insights to help our clients with real-time decision making. GHD Digital’s Location Intelligence team has specialist skills in the utilization of Geographic Information Systems (GIS) technology to support and enhance client operation efficiencies, planning resources, and strategic decision- making abilities. We have a strong track record in the research and development of GIs applications and work closely with GHD’s engineering, environment, and Water groups to provide comprehensive spatial solutions (i.e., 3D Visualization and Visual Impact Assessments, Infrastructure Corridor and Site Selection, GPS Data Capture, Data Acquisition and Conversion, Remote Sensing and Image Analysis, Customized Cartography, and GIS Implementation Services) tailored to client needs. Case Studies GHD Digital has delivered Aerial and Ground Intelligence, Immersive Design Solutions, and Location Intelligence solutions for a variety of clients across the globe. Select examples include: •Confidential Manufacturer, Aerial and Ground Intelligence: To ensure the continuation of our client’s project, GHD Digital was contracted to develop an alternative method to conduct a safe and secure bid walk to accurately inspect the site. At the same time, our client required a solution that would allow them to safely inspect and maintain their critical infrastructure assets. View project here. •Confidential Environmental Agency, Aerial and Ground Intelligence: GHD Digital’s aerial Ground Intelligence Team was tasked to conduct a site survey for a local State Environmental Protection Agency in the United States. Mapping and modelling of a superfund site to analyze stormwater flow was required to analyze the topography and ensure that stormwater was not flowing onto neighboring sites. The client also needed to perform a site walkthrough with stakeholders to assess conditions and make measurements of site features. View project here. •Lower Paxton Township Authority, Location Intelligence: LPTA required an easy to use, affordable, web-based GIS mapping platform to manage their sanitary sewer collection system data. The platform needed the ability to associate record drawings, straight-line diagrams, easement contracts, and other documents to map features for easy recall of related documents. The platform also needed to be accessible via mobile for remote field access. View project here. •Confidential Agricultural Corporation, Immersive Design Solutions: The client recently decommissioned a phosphorus production facility and required intensive contamination assessment and remediation, alongside a deeper understanding of groundwater contaminant flow. As the client’s facility was adjacent to another (operated by a separate agricultural corporation), the scope of work was expanded to include both sites. View project here. GHD | Appendix A: Scope of Services | 13 Statement of Qualifications for As-Needed Engineering Professional Services Asset Management Services GHD plays a leading role in the global development and growth of advanced asset practices for many sectors, particularly in the water sector. We developed the first asset management plan in the United States (U.S.) for the Orange County Sanitation District in 2006. Since then, we have worked with more than 65 clients nationwide providing asset management services. Internationally, we have worked with over 500 water and wastewater utilities, transportation agencies, and other entities that manage assets to identify key areas for service delivery improvement and asset management. Our asset management and advisory consulting practice is responsible for the concept and development of numerous advanced client management processes and systems to incorporate full integration of asset management systems and their implementation tactics. GHD actively contributes to the development of asset management best practices. This is demonstrated by our original authorship of recognized standards like the U.S. Environmental Protection Agency’s (USEPA) 5 Core Questions and 10-Step Process, the International Infrastructure Management Manual, and our involvement in the development of the British Standards Institution's Publicly Available Specification (BSI PAS) 55:2008, which formed the basis for the International Organization for Standardization (ISO) Standard for Asset Management (ISO:55000 series). GHD staff members served on the American National Standards Institute Technical Advisory Group for PS251 for the development of the ISO Asset Management Standards. GHD’s proposed Project Manager, Gage Muckleroy, regularly teaches an advanced Asset Management Concepts course at the University of Wisconsin. We have a strong understanding of these standards and frameworks, their different elements, and how they apply to strategic asset management program implementation. For example, the USEPA Framework’s primary focus is on how to use asset data and turn it into knowledge, while the ISO and Institute of Asset Management frameworks are informative on implementing asset management systems into an organization. Geotechnical Services The stability of a structure depends on the integrity of its foundations. Our experts perform geotechnical studies using the latest technologies to determine the composition and properties of the soil and rock where you plan to build. The results of these studies will allow our designers to produce plans and specifications that take into account the correlation between the structure’s requirements and the land, as well as the various factors that may affect the longevity of your infrastructure. GHD prepared a geotechnical investigation for a local north-bay light rail client. One of their bridge sites was on steep slope with liquefiable soils and included deep foundations to support the structure below the liquefaction zone. There turned out to be noise restrictions during construction and driven or impact piles could not be used, even though they were cost-effective. Therefore, two alternative foundation types (cast-in-drilled-hole and shallow foundation with leveling capabilities) and their associated rough order of magnitude costs were presented to the client. The client was appreciative of the attention to their constraints and sensitivity to costs and used GHD’s input to meet their needs and keep the project on schedule. GHD has performed asset management related services, asset valuations, and asset management plans for a number of California clients including: • City of Carlsbad • City of Chino Hills • City of Chula Vista • City of Dublin • City of Lake Elsinore • City of Lakewood • City of Livermore • City of San Diego Stormwater Division • City of San Jose • City of Santa Monica • City of Santa Rosa • City of Thousand Oaks Sonoma Marin Area Rail Transit (SMART) On-Call Services GHD provided comprehensive engineering and environmental services for the advanced conceptual engineering of SMART. Since then, GHD has provided on-call engineering services to SMART under four consecutive constracts. Providing geotechnical services for the Transit Pathway (mp 46.1 to mp 48.5) is one of many completed on-call projects. Exhibit B OAK #4844-6469-8375 v105 EXHIBIT B Compensation [to be inserted] US West Region Fee Schedule * Updated: April 20, 2020 Principals: $245.00 - $280.00 Geologists/Hydrogeologists: Associates: Specialist: Engineers: $175.00 - $250.00 $225.00 - $275.00 ♦ Level A ♦ ♦ ♦ ♦ ♦ $120.00 - $135.00 Environmental Chemists/Scientists/Planners: Technicians/Technologists: ♦ Level A $ 70.00 - $100.00 ♦ Level B $100.00 - $120.00 ♦ Level C $120.00 - $135.00 ♦ Level D $135.00 - $160.00 ♦ Level E $160.00 - $190.00 ♦ Level F $190.00 - $235.00 Draft/CADD: Industrial Hygienists/Safety Professionals: ♦ ♦ ♦ ♦ ♦ ♦ Technical Apprentices: Administrative Support: $75.00 - $115.00 $75.00 - $125.00 Expert Witness Testimony: $280.00 Level B $135.00 - $145.00 Level C $145.00 - $175.00 Level D $175.00 - $200.00 Level E $200.00 - $225.00 Level F $225.00 - $250.00 ♦ Level A $120.00 - $135.00 ♦ Level B $135.00 - $155.00 ♦ Level C $155.00 - $175.00 ♦ Level D $175.00 - $195.00 ♦ Level E $195.00 - $230.00 ♦ Level F $230.00 - $260.00 ♦ Level A $105.00 - $125.00 ♦ Level B $125.00 - $145.00 ♦ Level C $145.00 - $165.00 ♦ Level D $165.00 - $185.00 ♦ Level E $185.00 - $215.00 ♦ Level F $215.00 - $245.00 ♦ Level A $ 90.00 - $100.00 ♦ Level B $100.00 - $110.00 ♦ Level C $110.00 - $120.00 ♦ Level D $120.00 - $130.00 ♦ Level E $130.00 - $140.00 ♦ Level F $140.00 - $150.00 Level A $120.00 - $135.00 Level B $135.00 - $150.00 Level C $150.00 - $175.00 Level D $175.00 - $200.00 Level E $200.00 - $230.00 Level F $230.00 - $260.00 US West Region Fee Schedule * Updated: April 20, 2020 Employee time will be billed in accordance with the fees listed above. These rates are subject to change on a semi-annual basis. For other than professional employees, time spent over 8 hours per day, time spent on swing shifts, and time spent on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sundays will be charged at 2.0 times the hourly billing rate and holiday work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to portal. Professional employees will not be charged out at premium charge rates for overtime work. Expenses and other similar project related costs are billed out at cost plus 15%. The cost of using equipment and specialized supplies is billed on the basis of employee hours dedicated to projects. Our rates are: A. Office consumables: $6.50/hr B. Environmental Dept/Construction Inspector consumables: $11.00/hr C. Survey Field consumables: $15.00/hr D. Various Environmental, Construction and Land Surveying equipment: At market B. C. D. Payment for work and expenses is due and payable upon receipt of our invoice. Amounts unpaid thirty (30) days after the issue date of our invoice shall be assessed a service charge of one and one half (1.5) percent per month. (*) These rates do not apply to forensic-related services, or to work for which Prevailing Wage obligations exist. It is the responsibility of the client to notify GHD Inc in writing if Prevailing Wage obligations are applicable, in which case the fees will be adjusted proportionate to the increase in labor cost. Exhibit C OAK #4844-6469-8375 v105 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment Exhibit C OAK #4844-6469-8375 v105 furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Primary Coverage For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Exhibit C OAK #4844-6469-8375 v105 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. OAK #4844-6469-8375 v105 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the __________________________________, and a duly authorized representative of the firm of _____________________________________, whose address is ______________________________________________________, and that neither I nor the above firm I here represent has: 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 Signature