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HomeMy WebLinkAboutSchmidt Design Group Inc; 2016-09-07;AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE POINSETTIA COMMUNITY PARK PICKLEBALL COURTS SCHMIDT DESIGN GROUP, INC. This All)endment No. 2 is e~~ed into and effective as of the dl/tfJ day of ----=----........ ~-----' 20.J.?:s: extending the agreement dated September 7, 2016 y and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design roup, Inc., a corporation ("Contractor") (collectively, the "Parties") for the development and administration of construction documents for pickleball courts at Poinsettia Community Park. RECITALS A. On August 3, 2017, the Parties executed Amendment No. 1 to extend the Agreement for a period of one-year; and B. The Parties desire to extend the Agreement for a period of two-years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on September 7, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: r Mayor or Director ATTEST: Cj)l(twle\K~ ~ARBARA ENGLESON [r City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:-~---__ _ .A.ssistant City Attorney ~~ City Attorney Approved Version 1/30/13 2 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 12/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT Certificate Department Cavignac & Associates wgN:n c-•-619-744-0574 I FAX 450 B Street, Suite 1800 IA/C Nol: 619-234-8601 San Diego CA 92101 it1cfJ~ss: certificates~caviQnac.com INSURERISI AFFORDING COVERAGE NAIC# INSURER A : Travelers Property & Casualty Company of America 25674 INSURED SCHMDES-01 INSURER B : XL Specialty Company 37885 Schmidt Design Group INSURER C: 1111 6th Avenue, Suite 500 San Diego, CA 92101 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 641108072 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,c:n WVD POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2018 1/1/2019 EACH OCCURRENCE $2,000,000 I CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $1,000,000 -MED EXP (Any one person) $10,000 ~ PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 ,/ Fl [K] PRO-DLOC PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER Deductible $0 A AUTOMOBILE LIABILITY BASG389226 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT $1000000 !Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -- X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ --$ A X UMBRELLA LIAB M OCCUR CUP6G528554 1/1/2018 1/1/2019 EACH OCCURRENCE $1,000,000 - EXCESSLIAB CLAIMS-MADE AGGREGATE $1,000,000 I DED I X I RETENTION$ O $ A WORKERS COMPENSATION UBOJ495455 1/1/2018 1/1/2019 XI ~iITUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1,000,000 B Professional Liability DPR9920207 1/1/2018 1/1/2019 Ea Claim & Aggr Limit $2,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Landscape Architectural Services. Additional Insured coverage applies to General Liability for City of Carlsbad per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or non renewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 %~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: 6805H959099 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG DJ 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: 6805H959099 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG DJ 810915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE POINSETTIA COMMUNITY PARK PICKLEBALL COURTS SCHMIDT DESIGN GROUP, INC. No. 1 is -rzred into and effective as of thes.:311<12 day of _ ____.,_.,.:;.,,."°"'""""-lo,II~'==""~----' 20 , extending the agreement dated September 7, 2016 (the "Agree t") by and between the City of Carlsbad, a municipal corporation, ("City"), and Schmidt Design Group, Inc., a corporation ("Contractor") (collectively, the "Parties") for the development and administration of construction documents for pickleball courts at Poinsettia Community Park. RECITALS A. The Parties desire to extend the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on September 7, 2018. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR Schmidt, President ( print name/title) ~ (sign here) Glen Schmidt, Secretary (print name/title) -, CITY OF CARLSBAD, a municipal corporation of the State of California By: Jff!)6)M D 1ty anager or ayor or irec1:or ATTEST: (~All Kflllfl~1~ BARBARA ENGLESON U City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney ~ BY:~ -Jip.-::As::::s;;;~;;;st;;a;:-;nt~C~i~ty;-""jA~tt;:::o::::rn:::e::-:y~--- City Attorney Approved Version 1/30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) ~ 12/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s\. PRODUCER CONTACT Certificate Deoartment NAME: Cavignac & Associates ~A~~N,t c,..,. 619-744-0574 I ft,~ Mn\• 619-234-8601 450 B Street, Suite 1800 ~*"n~~""· certificates@cavignac.com San Diego CA 92101 INSURER(Sl AFFORDING COVERAGE NAIC# 1NSURERA:Travelers Property & Casualty Comoa 25674 INSURED SCHMDES-01 INsuRER s ,XL Soecialty Comoany Schmidt Design Group INSURERC: 1111 6th Avenue, Suite 500 INSURERD: San Diego, CA 92101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1965678335 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMIDDNYYYI IMM/DDNYYYI A X COMMERCIAL GENERAL LIABILITY y 6805H959099 1/1/2017 1/1/2018 EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 ~ 0PRO-DLOC PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER Deductible $0 A AUTOMOBILE LIABILITY BA5G389226 1/1/2017 1/1/2018 (Ea acciden 'nSINGLc LIMIT $1,000,000 -X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accidentl $ -~ $ A X UMBRELLA LIAB M OCCUR CUP6G528554 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 - EXCESS LIAS CLAIMS-MADE AGGREGATE $2,000,000 / DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION UBOJ495455 1/1/2017 1/1/2018 I PER I I OTH- AND EMPLOYERS" LIABILITY X STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liability DPR9909916 1/1/2017 1/1/2018 Ea Claim & Aggr Limit $2,000,000 / DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: The Aviara And Poinsettia Community Parks Master Plan Implementation (CIP Project Nos. 4604 and 4605) . Additional Insured coverage applies to General Liability for the certificate holder per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 799 Pine Ave., Ste. 200 ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / Policy Number: 6805H959099 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with ·your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically ls added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE {Section Ill) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG 03 810907 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE POINSETTIA COMMUNITY PARK PICKLEBALL COURTS SCHMIDT DESIGN GROUP, INC. 0 THIS AGREEMENT is made and entered into as of the rJ -th day of ,~ mbo.C: , 20_tie, by and between the CITY OF CARLSBAD, a municipal corp atfon, ("City"}, and Schmidt Design Group, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a landscape architecture firm that is experienced in public park development. B. Contractor has the necessary experience in providing professional services to develop and administer construction documents for pickleball courts at Poinsettia Community Park. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPEOFWORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one additional one year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-four thousand nine hundred and ninety-nine dollars ($34,999.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000.00) per Agreement year. The City reserves the right City Attorney Approved Version 4/1/15 to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax with holdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for yvhose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 4/1/15 2 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. City Attorney Approved Version 4/1/15 3 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kyle Lancaster Title Parks Services Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 4 For Contractor Name Jeffrey T. Barr Title Principal Address 1111 Sixth Avenue, Suite 500 San Diego, CA 92101 Phone No. 619-236-1462 City Attorney Approved Version 4/1/15 Carlsbad, CA 92008 Email jtbarr@schmidtdesign.com Phone No. 760-434-2941 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work City Attorney Approved Version 4/1/15 5 that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provi.sions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be.unreasonably withheld. City Attorney Approved Version 4/1/15 6 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II II II II II II II II II II II II II II II II City Attorney Approved Version 4/1/15 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) Glevt ~c),,.,KJf /5<!c.-e/-zi_CJ . (print name'ltitle) CITY OF CARLSBAD, a municipal corporation of the State of California By:~ ATTEST: ~rtL~~ BARBARA ENGLESON t City Clerk ·If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or· Vice-President Group 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --------------------------Assist&At City Attorney kf)~ City Attorney Approved Version 4/1/15 8 EXHIBIT "A" Schmidt Design Group, Inc. (SDG) will develop and administer construction documents for pickleball courts at Poinsettia Community Park. This scope includes the landscape and hardscape design for six (6) regulation size courts, fencing, lighting, and bleachers to be located east of the existing tennis court complex. SCOPE OF SERVICES A Start Up 1. Visit the site with City staff to review existing conditions and evaluate and identify project opportunities and issues/concerns. 2. Perform a field survey to supplement available as-builts and CAD files and insure accurate information is provided for the work area. The deliverable will be a 10 scale digital base map showing spot elevations, contours, and all existing surface and underground features identified by record drawings and field survey. 3. Develop the preliminary layout for the pickleball courts and supporting walkways. This will be a simple black and white line drawing developed in AutoCAD. The preliminary layout will be provided to the City for approval prior to proceeding with the Construction Documents. B. Construction Documents 1. CONSTRUCTION DOCUMENTS: The 100% (Permit Ready) Construction Documents submittal packages will include plans, specifications, and estimates in City-approved format. It is anticipated that the 1 00% plan set will constitute the first cycle permit review. 2. TITLE SHEET: A title sheet is not anticipated as these improvements will be processed as a construction change to the greater Poinsettia Community Park improvements. 3. DEMOLITION PLAN: Plans will be developed to demolish existing improvements that are intended to be removed prior to construction. Special site features to remain will also be noted. 4. GRADING AND DRAINAGE PLANS: SDG's civil engineering consultant will provide grading and drainage plans for the courts. 5. UTILITY PLANS: SDG's civil engineering consultant will provide storm drain design plans for the park. A new water meter and sewer service are not anticipated. City Attorney Approved Version 4/1/15 9 6. LANDSCAPE HARDSCAPE PLANS: Plans and details will illustrate the layout and placement of elements including sidewalks, gathering spaces, seat walls, and site furnishings. A materials schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements. 7. CONSTRUCTION DETAILS: Construction details will be provided for all proposed improvements. Details will be custom and project specific or reference regionally accepted standards. 8. LIGHTING AND ELECTRICAL PLANS AND DETAILS: SDG's electrical engineering consultant will provide lighting and electrical design including photometric calculations, fixture specifications including coordination with other elements and utilities. Plans will be provided identifying the location of site lighting for the courts. Exterior Title 24 calculations and forms will be provided. Branch circuiting and conduit for the new lighting along with controls will be described via notation. 9. LANDSCAPE PLANTING PLANS AND DETAILS: Plans will indicate the locations, sizes, and species of all park landscape materials. Details will be provided or will reference appropriate City standards. 10. IRRIGATION PLANS AND DETAILS: Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet AB 1881 requirements. 11. Deliverable: 24"x 36" black and white plan submittal package. 12. TECHNICAL SPECIFICATIONS AND SUPPLEMENTAL PROVISIONS MANUAL: Project technical specifications will be prepared which have not already been prepared as a part of the greater Poinsettia Community Park improvement package. 13. STORM WATER QUALITY MANAGEMENT PLAN (SWQMP) UPDATE: SDG's civil engineer will update the previously prepared SWQMP to incorporate the pickleball court addition. 14. DRAINAGE MEMORANDUM: SDG's civil engineer will prepare a memorandum incorporating the pickleball improvements into the previously prepared Drainage Report. 15. SWPPP: SDG's civil engineer will prepare a SWPPP Change of Information to add the pickleball project area to the previously prepared Poinsettia Community Park SWPPP. 16. ESTIMATE OF PROBABLE CONSTRUCTION COSTS: An estimate will be provided to address the proposed improvements. Submittal at the 1 00% (permit ready) interval. Deliverable: Excel-based cost estimate. City Attorney Approved Version 4/1/15 10 17. CITY SUBMITTAL: The 100% permit ready construction document package will be submitted to the City for review. The plans and specifications will be submitted to the various review agencies for review, approval, and permitting. It is anticipated that the City of Carlsbad Building Division (Esgil), Engineering Division, Planning Division, Parks & Recreation Department, and the County of San Diego Department of Environmental Health will be providing plan check reviews. A maximum of two (2) rounds of minor review and revisions are anticipated. 18. FINAL SUBMITTAL: Final signed mylar plans (irrigation only, bond paper prints for all others) and Auto CAD drawings will be submitted to the City upon final approval of the construction documents. Deliverable: Final mylar plans, bond paper prints, digital scans (TIFF and/or PDF files), and Auto CAD drawings. 19. MEETINGS: A total of two (2) meetings are included during the construction document phase. C. Construction Administration Phase Construction Administration is a critical step in the design process as it allows SDG to verify the vision and design intent of the park is being implemented. SDG's design team will verify that the contractor's conformance to the drawings and specifications throughout the construction process. The means and methods to accomplish the work will be the responsibility of the contractor. 1. REQUESTS FOR INFORMATION: SDG's design team will review and provide responses to RFI's throughout the duration of construction. Five (5) staff hours have been allotted for this effort. 2. SUBMITTALS: SDG's design team will review and provide responses to contractor submittals throughout the duration of construction. Five (5) staff hours have been allotted for this effort. 3. LANDSCAPE ARCHITECTURE: SDG's design team will conduct site visits to assess forms, flatwork, planting, and irrigation improvements. A total of four (4) site visits are anticipated throughout the construction duration. 4. CIVIL ENGINEER: SDG's design team will conduct site visits to assess staking, site grading, drainage infrastructure installation, and wet utility installation. A maximum of two (2) visits are anticipated. 5. ELECTRICAL ENGINEER: SDG's design team will conduct site visits to assess conduit, electrical panels, light fixtures, and miscellaneous electrical improvements. A maximum of one (1) visit is anticipated. 6. PRE-FINAL WALKTHROUGH: A pre-final walkthrough will be conducted to verify all of the issues outlined on the "punch list" have been resolved. City Attorney Approved Version 4/1115 11 The maintenance period for the project will commence upon approval of the revisions outlined in the "punch list." 7. FINAL WALKTHROUGH: A final walkthrough will be conducted after the contractor verifies the corrections of the punch list items. The result of the final walkthrough will be final approval of the landscape and irrigation work. 8. WARRANTY WALKTHROUGH: SDG's design team will conduct a walkthrough with the contractor prior to the expiration of the 12-month warranty period. A punch list will itemize necessary repairs and/or replacements to be performed by the contractor. 9. AS-BUlL T PLANS: SDG's design team will prepare final record as-builts based on the contractor's redline mark-ups of the bid plans. Final as-builts will be submitted to the City Project Manager for filing. Deliverables: Final mylar plans, digital scans (TIFF and/or PDF files,) and Auto CAD drawings. SCHEDULE OF FEES The following fees are proposed for the scope of work outlined above. Total Agreement amount shall not exceed thirty-four thousand nine hundred and ninety-nine dollars ($34,999.00). ITEM NO. DESCRIPTION PRICE 1 Start Up (Fixed Fee) $6,900.00 2 Construction Documents (Fixed Fee) $21,500.00 3 Construction Administration (Time & Materials) $5,600.00 4 Reimbursable Expenses $999.00 TOTAL $34,999.00 A. Additional Services Hourly Billing Rates Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial services, office management, or general accounting. Hourly Rates Principal Landscape Architect/President... ................................................................... $225/hour Principal Landscape Architect ....................................................................................... $185/hour Senior Associate Landscape Architect .......................................................................... $155/hour Associate Landscape Architect ..................................................................................... $140/hour City Attorney Approved Version 4/1/15 12 Senior Project Manager/Licensed Landscape Architect... ............................................ $120/hour Project Manager .............................................................................................................. $95/hour Landscape Designer ......................................................................................................... $85/hour Landscape Drafter. ........................................................................................................... $75/hour ClericalfTypist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $65/hour B. Reimbursable Expenses It is assumed that all deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. In-house plotting will be charged between $.75 and $7.75 per square-foot depending on color and paper type. C. Mileage & Travel Mileage in the interest of the client will be charged at the current GSA Mileage Reimbursement Rates. Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. ASSUMPTIONS AND EXCLUSIONS 1. Meetings in excess of those enumerated above will be considered additional services. 2. LEED documentation is excluded. 3. Recommendations for readily available site furniture will be provided. Custom furniture design is excluded. 4. Perspective drawings, renderings, visual studies, scale models of mockups, or samples are excluded and can be provided as an additional service. 5. Extensive value engineering after the 100% construction document submittal. 6. The project will not be separated into multiple phases or bid packages. 7. The City shall pay all fees required by the approving agencies. 8. Modifications to the scope of project or services. 9. Environmental documentation including, but not limited to, EIR/MND, biological reports, and archeological reports are excluded. City Attorney Approved Version 4/1/15 13