Sacramento City Council
October 10, 2023

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01265 10/10/2023 Consent Item 3.

Agreement: Martin Luther King Jr. Library - Remodel Design Scope (C15000840) File ID: 2023-01265
Location: 7340 24th Street Bypass, District 8, Represented by Councilmember Vang Recommendation: Pass a Motion: 1) awarding a professional services agreement to Group 4 Architecture, Research + Planning Inc. for the Martin Luther King, Jr. Library Remodel Project (C15000840) in the amount of $897,000; and 2) authorizing the City Manager or the City Manager’s designee to execute the contract specified above.

Contact: Richard Parks, Senior Architect, (916) 808-8427, [email protected]; James Christensen, Facilities Manager, (916) 808-5863, [email protected], Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Agreement- Group 4 Architecture, Research + Planning Inc.

Additional Description/Analysis
Issue Detail: Named after the civil rights leader, Dr. Martin Luther King, Jr., the Martin Luther King, Jr. Library is a branch of the Sacramento Public Library System located in South Sacramento.

Opened in 1970, the library is a single-story building with a maintenance basement and a total of 25,000 square feet of space. The library offers a variety of programs and services, including story time for children, computer classes, and job search assistance.

The Martin Luther King, Jr. (MLK) Library is a popular community resource which is in need of some major repairs and remodeling. The existing heating, ventilation, and air-conditioning (HVAC) system is inefficient, the electrical system is antiquated, the lighting system needs to be upgraded to energy efficient LED’s and major systems within the Library require repairs or replacement. The Library also lacks adequate space for some of its community services programing. The MLK Library needs a remodel to make it a more modern and useful gathering space for the community. The remodeled

File ID: 2023-01265 10/10/2023 Consent Item 3.

Library will be more energy-efficient and have an improved layout to accommodate the Library's programs and services.

The City received a State Library grant to support improvements to the facility. City staff anticipates that the design will be completed in 2024, and construction will be completed in 2025.

The remodel of the MLK Library is an important investment which will benefit the community. The remodeled library will provide a modern and welcoming space for people of all ages to learn, grow, and connect.

Policy Considerations: The recommendations in this report are in accordance with the provisions of the City Code Chapter 3.64, which requires City Council approval of contracts of $250,000 or more.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act (CEQA): The action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15302.

The action consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same size, purpose, and capacity as the structure replaced.

Sustainability: Energy Efficiency will be achieved through electrical and HVAC improvements and the remodel of the building will extend the useful life of the structure. Under the General Plan, Climate Action Plan Policies and Programs, this qualifies under LU 2.6.5 Existing Structure Reuse. “City shall encourage the retention of existing structures and promote their adaptive reuse and renovation with green building technologies to retain the structures’ embodied energy, increase energy efficiency, make it more energy efficient, and limit the generation of waste. (RDR)”.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: On April 18, 2023, the Department of Public Works issued Request for Proposal (RFP) No. P23014541001 for the Dr. Martin Luther King Jr. Library Remodel Project and eleven (11) responses were received. A selection committee of subject matter experts, including a representative from the Sacramento Library Authority, reviewed and scored the proposals based on predetermined metrics. The top three firms were given the opportunity to interview with the selection committee. Group 4 Architecture, Research + Planning Inc. (Group 4 Architecture) was determined to be the most qualified respondent and was ranked number one and is recommended for the award of the design contract.

File ID: 2023-01265 10/10/2023 Consent Item 3.

Group 4 Architecture is a full-service architecture firm with extensive experience in library design.

They have demonstrated a deep understanding of the needs of libraries and the communities they serve.

Design is anticipated to be complete in Summer of 2024.

The results of RFP No. P23014541001 are listed in the table below.

Architecture Firm Committee
Ranking
Group 4 Architecture 1
PBK Architects 2
Noll & Tam Architects 3
JK Architecture & Engineering 4
Lionakis 5
HED 6
Hammel, Green and Abrahamson (HGA) 7
SVA Architects, Inc. 8
Architectural Nexus 9
The Kohan Group, Inc. 10
NJA 11
Financial Considerations: Funding for the project comes from a $5,562,774 Building Forward Grant, Resolution 2023-0102, provided by the California State Library to the City of Sacramento and the required $2,811,387 in City matching funds. There is sufficient funding available in the MLK Library Renovation Project (C15000840) to execute the professional services contract with Group 4 Architects, Inc. in an amount not to exceed $897,000.

Local Business Enterprise (LBE): Group 4 Architecture is not an LBE but has partnered with Buehler Engineering for this project to meet the minimum 5% LBE participation requirement. Buehler Engineering will provide structural engineering services on the project.

Form Approved by City Attorney 9-1-2020 Page 1
Contract Name: Martin Luther King Jr. Library Remod
el Design Services
Contract Project # C15000840
Department: Public Works
Division: Facilities and Real Property Management

CITY OF SACRAMENTO

PROFESSIONAL SERVICES AGREEMENT

FOR ARCHITECTS, LANDSCAPE ARCHITECTS,

ENGINEERS, AND LAND SURVEYORS
THIS
CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Group 4 Architecture, Research + Planning Inc.
211 Linden Ave
San Francisco, CA 94080
Phone 650-871-0709/Fax 650-871-7911/www.g4arch.com
(“CONTRACTOR”), as of the Effective Date, as defined below.

The City and Contractor agree as follows:

1. Effective Date. This Contract shall be effective beginning the date it is fully executed by the duly authorized parties.

2. Contract Documents. All exhibits and documents attached or referred to in this Contra ct are
incorporated as if set forth herein, Including Exhi bit A (titled “Scope of Services”) and Exhibit B (titled “Payment”).

If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.

3. Services. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall provide to CITY the services described in Exhibit A (“Services”).

CONTRACTOR will not be compensa ted for services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) CONTRACTOR notifies CITY and CITY agrees that the Additional Services are outside the scope of Exhibit A; (b) CONTRACTOR estimates the additional compensation required for these A dditional Services; and (c) CITY, after notice, approves in writing a Supplemental Contract spec ifying the Additional Services and the amount of additional compensation to be paid Contractor.

CITY will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Co ntract is approved by the City as required Form Approved by City Attorney 9-1-2020 Page 2
by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.

4. Payment. CITY shall pay CONTRACTOR at the times a nd in the manner set forth in Exhibit B.

CONTRACTOR shall submit all invoices to CITY in the manner specified in Exhibit B.

5. Facilities and Equipment. Except as set forth below, CONTRA CTOR shall, at its sole cost and expense, furnish all facilities and equipment required for CONTRACTOR to perform this Contract.

CITY shall furnish to CONTRACTOR only the facilities and equipment listed below, if any.

6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.

7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.

8. Additional Requirements for Surveying, Ma terial Testing, and Inspection Services. If this Contract includes any land surveying, material testing, or inspection services provided for a City construction project, during the design, pre-construction, construction, or post- construction phases of the project, the Contractor and any subcontractor or subconsultant performing any such services shall comply with the provisions specified in Exhibit E.

9. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.

Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Informatio n in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:

https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Form Approved by City Attorney 9-1-2020 Page 3
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.

Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.

Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

11. Local Business Enterprise Program . The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") may be applicable to this Contract. A summary of the requirements, entitled "LBE Partic ipation Requirements," can be viewed at:

https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.

Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

12. Authority. The person signing this Contract for CONT RACTOR represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the CONTRACTOR and to bind the CONTRACTOR to the performance of the Contract’s obligations.

[Signature Pages Follow Exhibits]

Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1

EXHIBIT A

SCOPE OF SERVICES

1. Representatives.

The CITY Representative for this Agreement is:

Richard Parks, AIA Senior Architect
5730 24th Street, Building 4
Sacramento, CA 95822
Phone 916-808-8427/ E-mail: [email protected]

The CONTRACTOR Representative for this Agreement is:

Dawn Merkes, Principal in Charge
211 Linden Ave
San Francisco, CA 94080
Phone 650-871-0709 /E-mail: [email protected]

Unless otherwise provided in this Contract, all Contractor questio ns and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.

2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.

3. Time of Performance. The Services described in this Contract shall be provided for the term of the design, bidding, and preconstructions serv ices as described in Attachment 1 to Exhibit A. Contractor shall provide the Services in ac cordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately noti fy the City if Contractor is unable to make delivery of Goods or perform Services in compliance with this Contract.

4. Conflict of Interest Requirements. The individual(s) who will provide Services pursuant to this Contract are “Consultants” within the meaning of the Political Reform Act and the City’s Conflict of Interest Code: ____ yes 9 no [check one]

Contractor shall cause the following to occur within 30 days after execution of this Contract:

(A) Identify the individuals who will prov ide Services or perform Work under this Contract as "Consultants"; and
(B) Cause these individuals to file with the City Representative the "assuming office" statements of economic interests required by the City's Conflict of Interest Code.

Thereafter, throughout the term of the Contract, Contractor shall cause these individuals to file with the City Representative annual statements of economic interests and "leaving office" statements of economic interests, as required by the City's Conflict of Interest Code. The City

Form Approved by City Attorney 9-1-2020 Exhibit A - Page 2 may withhold all or a portion of any payment due under this Contract or impose fines on the individuals until all required statements are filed.

Attachment 1 to Exhibit A

SCOPE OF SERVICES
Pre-Design – Bidding and Construction Contract Approval Services for the Renovation of the Martin Luther King, Jr. Library.

I THE PROJECT

1.A The Project consists of professional services for Pre-Design through Bidding and Construction Contract Approval for the renovation of the existing building and site located at 7430 24th St. Bypass, Sacramento, CA 95822. The 15,100 SF Martin Luther King Jr. Library is operated by the Sacramento Public Library and is a critical community resource for information, technology, and gathering in the Meadowview neighborhood of the city.

The library was remodeled in the late 1990s, previous spaces for community events and programming were largely converted into staff offices, workroom, and back storage. Over time, this has increasingly limited the ability of the library to meet the needs of the public and provide services which reflect flexible 21st century library offerings. Besides areas to host larger programs this remodel project shall include: improved seating and acoustical treatments, updated children and teen areas, improved staff areas, accessibility updates throughout the building, HVAC and restroom upgrades, upgraded lighting and controls, new electrical switchgear and sub-panels, fire alarm and fire sprinkler system upgrades, and other improvements required to remodel the library.

II GENERAL

2.A The Project will be constructed through a Design Assist Contract and once a construction contractor is selected as the Design Assist (DA) contractor, coordination with the DA contractor is crucial to a successful project. The design team shall work with the DA contractor reviewing value engineering ideas to include system selection and design, material choices and availability, cost, constructability, phasing of work, etc. This will be a collaborative approach between the City, the Library Authority, the Design Team, and the Design Assist contractor. The final design shall include the outcomes of the community meetings, comments from the Library Authority, the City, and the DA Contractor.

2.B Basic, Supplemental, and Optional Services for this Project are based on the estimated Project Budget of approximately a Not to Exceed (NTE) amount of Ten Million dollars ($10,000,000).

2.C The Consultant’s Services include will include the following consultants and services:

1. Architecture

2. Structural Engineering

3. Mechanical/Plumbing Engineering

4. Electrical Engineering/ Lighting Design

5. Code Required Signage Design

6. Acoustical Engineering: Room acoustics, sound isolation, and mechanical equipment noise/vibration

7. Telecom/Data Designer

8. Audio Visual Design: Built-in audio-visual systems.

9. Electronic Security System design: Access control, CCTV cameras, intrusion detection

10. Cost Consulting

2.D Furniture procurement will be completed by utilizing existing contracts available to public agencies.

2.E The governing code for this project will be the 2022 California Building Standards Code (CBSC) and all local amendments. Plan check will be completed by the City of Sacramento’s Community Development Department (CDD). In addition, it is anticipated pertinent project documents will be coordinated with the Sacramento Municipal Utility District (SMUD) and City of Sacramento Department of Utilities (DOU)

2.F Except where otherwise specified in this Agreement, summaries of decisions, design direction, and establishment of project requirements may be communicated and documented through written meeting minutes and e-mails.

2.G In selecting the Consultant, the City recognizes that the Consultant has the qualifications to provide full planning, architecture, and interior design services, including post-construction phase services. The City, at its discretion, may choose to amend this contract to add services to the Consultant’s Scope of Services for Additional Compensation if mutually agreed to by the City and Consultant.

2.H Project Understanding:

1. This Project principally consists of the building remodel therefore sitework is limited to the development of outdoor seating/programming areas, book/material return.

2. The Scope of Basic Services is based on the following understanding:
a. Existing domestic water and sanitary sewer services are assumed to be adequate for the intended library and tenant use.
b. The existing fire service is likely not adequate to meet the demands of the fire sprinkler system in the remodeled building. The sprinkler system will need to be modified to the new layout with a new fire service and new fire riser. A Performance Specification for the new fire service is included in this scope of work, with reference to Deferred Submittals that are the DA contractor’s responsibility to obtain during construction. A full design of the fire riser, fire water service, backflow preventer and lateral sizing is required. Coordination on the plan set for locations of fire sprinkler heads on a Reflected Ceiling Plan is required as part of this scope.
c. Off-site utility extensions may be required to provide service to the site, which will likely include a separate fire water service for fire sprinklers and an analysis of the existing electrical service. A full investigation by the design team and consulting Engineers will need to be provided to ensure ample utilities exist on- site.
d. A Storm Water Pollution Prevention Plan (SWPPP) will not be required as the area of the site to be disturbed is less than one acre. Best Management Practices (BMPs) will be required and identified on the plans for preventing pollution into the storm drain systems during construction.

2.I Construction Costs

1. Evaluations of the Project budget, preliminary estimates of probable construction cost and detailed estimates of Construction Cost prepared by Consultant, represent the Consultant’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Consultant nor the City has control over the cost of labor materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions.. Consultant shall verify pricing with DA Contractor to ensure that pricing is accurate to industry standards and will reflect accordingly in their GMP.

2.J Schedule

1. The Project schedule is set forth below. Revisions to this schedule shall be mutually acceptable to the City and Consultant.

2. ..

3. Consultant shall provide a critical path and/or a detailed accurate design schedule with key deadlines outlined for the City’s review and approval each month. DA Contractor will be responsible for monthly critical path schedules throughout construction.

4. During each phase of the project, direction will be given to the Consultant in Project Management Team (PMT) meetings. Attending these meetings will be the Consultant, City representatives, Library representatives, the City’s Project Manager, and others as determined by the City. Agreements and action items will be documented in meeting minutes written and tracked by the Consultant.

5. Provide formal phase submissions to the City for evaluation of conformance with decisions and directions set in previous meetings and for advance input to guide the next stages of the Project’s development.

6. Consultant shall be responsible for documentation, and subsequent distribution, of all meetings and decisions.

7. The City shall issue a Notice to Proceed on a phase-by-phase basis. A written acceptance of each subsequent phase shall be sufficient.

8. Schedule for Tasks 1 through 7 of Basic and Supplemental Services is as follows:

Tasks Completed by end of:

Task 1 Pre-Design/Planning 1 Month after NTP
Task 2 Concept/Schematic Design 2 Months after NTP
Task 3
Task 4
Design Development
Construction Documents/Permitting
3 Months after NTP
4 Months after NTP
Task 5 Bidding One Month after Task 4.

Task 6 Furniture, Fixtures & Equipment (FF&E)
and Signage
Concurrent with Task 1-4
Task 7 Waterproofing Assessment Concurrent with Task 2

2.K Sustainable Design:

1. The Consultant shall include sustainable design strategies. The project will be designed in accordance with the sustainable design practices described by the California Green Building Standards Code— Part 11, Title 24, California Code of Regulations, 2022 (CALGreen Mandatory Requirements). The City desires construction materials to be life cycle cost-effective, easily maintained, safe, and energy efficient.

2. The City does not intend to pursue LEED certification, and instead intends to utilize the reuse of the existing building and CALGreen Mandatory Requirements to meet all sustainability goals of the project. The preparation of LEED analyses, LEED credit evaluation and identification of probable construction costs and design fees associated with LEED certification by the USGBC may be provided as Additional Services for additional compensation.

III CONSULTANT’S SCOPE OF BASIC SERVICES. The following services are included in the Consultant’s Scope of Basic Services. Basic Services includes the services described in this Section 3 including subsections and subparagraphs.
,

3.A The Tasks included in Basic Services includes:

1. Task 1: Predesign/Planning

2. Task 2: Concept/Schematic Design

3. Task 3: Design Development

4. Task 4: Construction Documents/Permitting

5. Task 5: Bidding

3.B Task 1: Pre-Design/Planning: The Consultant shall establish a project work plan and public outreach plan that will build on the work completed during the Sacramento Public Library Facilities Master Plan. The plan will identify the major tasks and time required to complete the work for the conceptual design phase of the Project. The design team will work closely with the City’s project manager and designated members of the project management team

(PMT) to develop project controls, project work plan, project schedule and communication tools. The PMT shall include input from City’s Design-Assist Contractor to ensure Constructability Review items are incorporated into this process.

The Consultant shall:

1. Prepare a project directory and detailed project schedule for review by the City.

2. Review site and building information, prior studies, background information, and operations information provided by the City and the Library.

3. Prepare a community participation schedule for review.

4. Develop preliminary site and building program summary and program verification exhibits.

5. Prepare a site and building analysis as it relates to the existing conditions, code requirements and site and building program elements identifying functional and code improvement needs, opportunities, and constraints. This shall include, but is not limited to, structural, mechanical, and electrical systems and facility accessibility requirements.

6. Prepare a structural/seismic evaluation report including conceptual strengthening per ASCE41-17 Tier 2.

7. Prepare for and coordinate Community Engagement Round 1- which will include an online survey, a community meeting and 1 pop-up kiosk.

8. Prepare exhibits and presentation for a City Council meeting.

9. Prepare exhibits and presentation for the Sacramento Public Library Authority Board.

Meetings:
 PMT Meetings: Up to Four (4), the first of which being a kick-off Project Management team meeting. Meetings will be a mix of in-person and Microsoft Teams, at the discretion of City Staff.
 Technical meetings: One (1) with Library Staff.
 Community Meeting #1
 City Council Presentation #1
 Sacramento Public Library Authority Board #1
Deliverables:
 Project directory, goals, work plan, and schedule
 Participation plan
 Site analysis
 Program verification exhibits
 Community outreach flyer, online survey (digital and print)  Meeting agendas, exhibits, and minutes

3.C Task 2: Concept/ Schematic Design: The Consultant shall review and summarize the site and building goals and objectives identified in the project kick off meeting. Based on current best practices and future library trends, develop one (1) site and two (2) building concept, operational and material flow diagrams, and preliminary cost model for review and input by the PMT.

The Consultant shall:

1. Use existing reports and observations to develop a summary of the existing building conditions (envelope, structure, mechanical, plumbing, electrical, and lighting, low voltage, audio/ video, and finishes) and identify renovation strategies to adapt the existing building to support the spaces, functions, and operations for the proposed renovations.

2. Develop a detailed building program and operational plan for review and confirmation by the PMT, based on:
a. The Community’s input from Round 1 of the Community Engagement. b. The Library’s current program and objectives for materials, seating, and programming
c. Best practices for future library trends

d. Input from the PMT the library technical meeting. The PMT will include the Design-Assist Contractor.

3. Develop evaluation criteria from the goals and objectives.

4. Prepare a minimum of two (2) floor plan bubble diagrams (functional adjacencies and size) based on the program options for review and input by the Library and the City.

These bubble diagrams shall also take into account the community input received from Round 1 engagement.

5. Develop interior building and site design values for input by the PMT and the Community.

6. Develop a preliminary detailed building and planning code analysis for the renovation of the existing building.

7. Develop an updated project cost model, in coordination with the Design-assist Contractor, that establishes a base project cost and separate line items for additional elements that could be potential additions or reductions for the project scope and cost.

8. Conduct one (1) technical meeting with the Library and City staff to review and confirm the building program and bubble diagrams.

9. Conduct one (1) technical meeting with the City’s Building and Planning department to review and confirm the preliminary code analysis for the renovation.

10. Prepare for and coordinate Community Engagement Round 2- which will include an online survey, a community meeting and 1 pop-up kiosk.

11. Based on input from the Community, Library, and PMT the Consultant shall refine the preferred concept option and interior design values for the schematic design package that shall include the following:
a. Schematic design Drawings
b. Building System Narratives
c. Updated project cost model

12. Prepare exhibits and presentation for the City Council meeting.

13. Prepare exhibits and presentation for the Sacramento Public Library Authority Board.

14. Meetings:
a. Four (4) Project Management Team Meetings
b. One (1) technical meeting with the Library and City Staff c. One (1) technical meeting with the City’s Building and Planning department, Fire Department, and Public Safety.
d. Community Meeting #2
e. City Council Presentation #2
f. Sacramento Public Library Authority Board #2

15. Deliverables:
a. Existing Site and Building Evaluation
b. Building Program
c. Building Concept Options
d. Interiors Design Values
e. Schematic Design Drawings
f. Building System Narratives
g. Project Cost model, with potential deduct and add alternatives. h. Meeting exhibits, agendas & minutes

3.D Task 3: Design Development: Upon receipt of written Notice to Proceed by the City and City’s comments on the Schematic Design package, the Consultant shall develop the Design Development Construction Documents that will include plans, elevations, building sections, renderings, and other documents that will describe the character and scale of the project components.

The Consultant shall:

1. Provide a Work Plan, Participation Plan, and Critical Path Schedule that is updated at the start of each task, for City review and approval.

2. Conduct PMT meetings throughout this phase to ensure continued project team involvement in design decisions.

3. Update and refine design, budget, sustainable design strategies.

4. Conduct technical meetings with City representatives as needed to focus on specific aspects of the project, such as confirmation of the code compliance strategy.

5. Prepare design development level building systems design and coordination for structural, mechanical, plumbing, and electrical disciplines, fire alarm/fire protection and telecommunications/data disciplines.

6. Update the estimate of probable construction cost to reflect the decisions made in this phase.

7. Conduct an Integrated Design Workshop (IDW) that will be attended by the Consultant and select engineers who will meet with representatives of the City to review the design from technical, operational, functional, maintenance, durability perspectives and confirm the alignment of design strategies and budget.

8. All Design Development tasks shall be coordinated with the Design-Assist General Contractor.

9. Meetings:
a. PMT Meetings: Up to four (4)
b. Integrated Design Workshop (IDW): One (1)
c. Technical meetings: Up to five (5) with City and Library Staff, Building and Planning, Fire, Police and Public Works department staff

10. Deliverables:
a. Design Development Drawings (plans, interior elevations, sections for Architectural, Structural, Mechanical, Electrical, Plumbing, Fire Alarm/Fire Protection, Telecommunications/Data)
b. Draft Specifications
c. Updated estimate of probable construction costs
d. Presentation graphics
e. Meeting agendas, exhibits and minutes
f. Work Plan, Participation Plan, and Critical Path Schedule

3.E Task 4: Construction Documents (90% CD/Plan Check, Backcheck/Bid Set): Upon receipt of written Notice to Proceed by the City and City’s comments on the Design Development package, the Consultant shall develop the Construction Documents for the building systems and design concepts which will include construction details and calculations. All building systems, including structural, mechanical, electrical, plumbing, lighting design, telecom and security, interior design concepts, and finishes will be documented and refined.

The Consultant shall:

1. Conduct PMT meetings throughout this phase to ensure continued project team involvement in design decisions.

2. Update and refine design, budget, sustainable design strategies, and schedule information that reflects the most current project information.

3. Meet with the City and Stakeholders to review and evaluate options for finishes and other interior design elements.

4. Develop code-required signage in conjunction with the design concepts for non- wayfinding signage and branding as outlined in Task 6 Furniture, Fixtures and Equipment & Signage.

5. Conduct technical meetings with City representatives as needed to focus on specific aspects of the project, such as confirmation of the code compliance strategy.

6. Conduct an Integrated Design Workshop which will focus on technical information, coordination among systems, and value engineering opportunities.

7. Perform Title 24 Calculations for applicable interior areas and prepare Compliance Documents.

8. Prepare a 90% Construction Documents/Plan Check Package and estimate of probable construction costs for the City’s review, including all jurisdictions necessary for obtaining the building permit (i.e., Building Department, Fire Department, County Environmental Health, etc.). The estimate shall be verified and reviewed with the Design-Assist General Contractor.

9. Coordinate, upon receipt of the 90% Construction Documents/Plan Check comments, corrections, and meetings necessary to facilitate resolution of outstanding items required for plan check approval.

10. Prepare the Back Check/Bid Set submittal for the City’s review and approval.

11. All Construction Document tasks shall be coordinated with the Design-Assist General Contractor.

12. Meetings:
a. PMT Meetings: Up to Six (6)
b. Integrated Design Workshop (IDW): One (1)
c. Technical meetings: Up to five (5) with City and Library Staff, Building and Planning, Fire, Police and Public Works department staff

13. Deliverables:
a. 90% Construction Documents/ Plan Check Set
b. Backcheck/ Bid Set
c. 90% Construction Documents updated estimate of probable construction cost d. Meeting agendas, exhibits and minutes

14. City Responsibilities
a. The City shall give written Notice to Proceed with Task 4. b. The City shall provide Division 0 with bidding, contract forms, and conditions of the construction contract and Division 1 of the Technical Specifications. c. The City shall pay all permit and utility connection fees associated with the project and shall shepherd applications.

3.F Task 5: Bidding:

The Consultant shall:

1. Prepare a digital plot of the Permit Set/ Conform set (revised with all bid addenda, City reviews and plan check comments) for the City’s use and shall make available to the City an electronic version of the Construction Documents.

2. Provide big-phase services, as requested by the City. The Design-Assist General Contractor will be bidding on all documents to their subcontractors for pricing and negotiation of a Guaranteed Maximum Price (GMP). The scope of services by design team through this process will be limited.

IV. SUPPLEMENTAL SERVICES.

4. Supplemental Service: The following services are not included in the Consultant’s Scope of Basic Services and shall be provided as part of this agreement. Supplemental Services include:

4.A Task 6: Furniture, Fixtures & Equipment (FF&E) and Signage: Concurrent with Tasks 1-4, the Consultant will develop the furniture and signage procurement packages.

1. Furniture:
a. The Consultant shall work with the PMT to set the furniture budget, and work with the City/Library to develop furniture that meet s the program goals. The furniture package will be developed to facilitate procurement of the FFE through established pre-negotiated contracts available to the City.
b. Based on direction given by the PMT, the Consultants shall provide the following procurement services for furniture.
(1) The Consultant shall prepare furniture plans and specifications to identify selected furniture, finishes and quantities. All FF&E shall be included within the Cost Estimate developed by that team.
(2)

2. Signage:

a. The Consultant shall work with the PMT to develop design concepts for signage and branding. Signage will include graphic “wayfinding” signage that enhances usability and customer experience, as well as building, room, donor, and code - required signage.
b. The Consultant shall pr epare signage concepts for review with the City and integrate the code-required signage design into the Construction Documents. The non-code wayfinding signs may be developed as one (1) separate signage package that can be bid by pre-qualified teams.
c. Consultant shall design and coordinate with signage to meet Sacramento Library standards, including upgrades to the existing monument sign (if required). d. Based on direction given by the PMT, the Consultants shall provide the following procurement services for signage:
(1) The Consultant shall prepare Design Intent documents consisting of illustrative diagrams, worksheets and/or specifications (2) The Consultant will assist the City in preparing purchase details. The City will be responsible for preparing and processing purchase orders. (3) The Consultant shall review shop drawings, and material samples

3. The Consultant shall provide the following installation services for furniture and signage. a. The Consultant will attend one (1) signage pre -installation walk through with th e signage contractor.
b. The Consultant will provide up to two (2) consecutive days to observe furniture installation.
c. The Consultant shall prepare a punch list of outstanding furniture or signage installation issues.

4. Meetings:
a. PMT: shared with Tasks 2-4.

5. Deliverables:
a. FF&E Options and Procurement package
b. Signage Options and Procurement/bid package
c. Installation review

6. City Responsibilities
a. The City shall provide a detailed inventory/quantities of current furniture to be reused with dimensions and finishes identified
b. The City shall provide a detailed inventory/quantities and specifications of Owner Furnished Contractor Installed (OFCI) equipment and/or Owner-furnished, Owner Installed (OFOI) Equipment which requires coordination with other trades and provide desired installation locations.

4.B Task 7: Waterproofing Assessment and Consulting: Concurrent with Task 3 and 4, a specialist Waterproofing Subconsultant shall provide the following services for the project:

1. The Waterproofing Subconsultant shall review DD drawings, specifications, and reports of others to become familiar with technical developments of the project.

2. The Subconsultant shall attend a meeting with the design team to review technical developments and discuss other features of the building that may impact selection of below-grade waterproofing system. Consultant shall develop an inventory of flashing and specification requirements; to identify elements of system that may require special attention during the preparation of Construction Documents phase.

3. The Subconsultant shall research if necessary to investigate properties of various materials that may be suitable for use in the below-grade waterproofing system.

4. The Consultant shall prepare a draft report of their findings.

5. The Consultant shall review construction specifications and working drawings relevant to the below-grade waterproofing system. A report shall be written of their review.

6. The Consultant shall conduct a second review of construction specifications and working drawings and update the report as needed.

V. OPTIONAL SERVICES.

5. Optional Services include the following: The following services are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the City. The Consultant shall be compensated for Optional Services in addition to compensation for Basic Services and Reimbursable Expenses.

5.A Task 8: Construction Administration and Closeout:

The Consultant shall provide construction administration services as described below.

1. Visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the City and Consultant, maximum of 10 site visits. The Consultant will attend a pre-construction conference and once construction has begun to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive continuous on-site inspections to check the quality or quantity of the work. The agenda, reports and minutes shall be prepared by a party other than the Consultant.

2. Participate in regular weekly Owner-Architect-Contractor (OAC) meetings, maximum of 40 meetings, that may be held on-site in conjunction with the above site visits or via web conference. At OAC meetings the Consultant shall discuss progress of the work.

Agenda, reports and minutes shall be prepared by the General Contractor or City’s Project Manager.

3. Submittals: The Consultant shall review Contractor’s submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant’s action shall be taken with such reasonable promptness to cause no delay in the work, while allowing sufficient time in the Consultant’s judgment to permit adequate review unless otherwise agreed to. Submittals critical to work flow as indicated on the Contractor’s critical path construction and submittal schedules and as mutually identified and agreed to by the Consultant, Construction Manager, and Contractor at the OAC shall be prioritized and responded to within a timely manner from receipt, targeting a maximum review time of 15 working days while recognizing that submittals that require coordination with subconsultants and/or large/complex submittals will take additional review time. Submittals that are mutually agreed to as not being on the critical path by the Construction Manager and Contractor will be reviewed and returned in a timely fashion after critical path submittals have been reviewed. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Consultant’s review shall not constitute a review of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. The Consultant’s review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Consultant shall be entitled to rely upon such certification to establish that the materials, systems, or equipment will meet the performance criteria required by the Contract Documents.

4. Request for Information (RFIs): The Consultant shall respond to Contractor’s Requests for Information (RFI). Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Consultant shall secure faithful performance by both City and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. Consultant will target a maximum of fourteen (14) calendar days to respond but will endeavor to respond promptly where possible to allow for the orderly progress of construction. Large/complicated RFIs will

be reviewed with all parties (Contractor, sub-contractor, Consultant, sub-consultants and City) to establish a deadline. RFIs mutually determined at the OAC to be non- critical will be reviewed and returned in a timely fashion after RFIs determined to be critical have been responded to.

5. Review items submitted by the Contractor for general conformance and consistency with the project design concept and for compliance with the Contract Documents, including but not limited to submittals, O&M Manuals, written guarantees, warranties, instruction books, diagrams and charts, etc.

6. Substitutions: The Consultant shall review and recommend approval or rejection of substitutions for general conformance and consistency with the project design concept and for compliance with the Contract Documents.

7. Construction Means and Methods: The Consultant shall not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, since these are solely the Contractor’s responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor’s schedules or failure to carry out the work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work.

Consultant shall work with the Design-Assist Contractor throughout the design process to minimize confusion or omissions in the drawings to assist with project delivery.

8. Access to the work: The Consultant shall have access to the work wherever it is in preparation or progress.

9. Project Closeout Services: The Consultant shall provide project closeout services, which includes reviewing the Contractor’s final punch list, noting additional required corrections, non-conforming work, and work remaining to be completed and reviewing Close-out documents and submittals.
a. Project Close-Out: The Consultant shall review the Contractor’s letter of Substantial Completion and Punchlist, and if in agreement that Contractor is ready for Punchlist, provide one (1) site visit for Punchlist review and up to two (2) site visits for back check to review for general conformance with the design intent of the Contract Documents. The Consultant shall review Close-Out documents, including but not limited to submittals, “As Built” drawings, O&M Manuals, written guarantees, instruction books, diagrams and charts, etc., within eighteen (18) calendar days of receipt.
b. Record Documents: The Consultant shall prepare Record Documents by modifying the conformed Contract Documents with all changes and clarifications recommended by the Consultant and accepted by the City during construction.

Such changes may be the result of information that was approved in RFIs, Change Orders, or field memoranda written by the Consultant. These will be delivered as PDF and CAD files for the City’s use. The Consultant is not required to produce CAD drawings for the marked-up Contractor As-Built drawings. c. Meetings:
(1) One (1) site visit for Punchlist
(2) Up to two (2) site visits for back check

10. Deliverables:
a. Record Documents

VI. ADDITIONAL SERVICES. The following services are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the City. The Consultant shall be compensated for Additional Services in addition to compensation for Basic Services and Reimbursable Expenses.

6.A Any other service not included in Basic Services or Supplemental Services.

6.B Detailed analysis or engineering analysis of existing facilities beyond scope outlined in Task

1.

6.C Services of Subconsultants to the Consultant other than those included in Basic Services or Supplemental Services, included, but not limited to services described below.

6.D Providing financial feasibility or other special studies.

6.E Providing cost estimates in addition to those included in Basic Services.

6.F Preparation of communication, marketing, and fundraising materials including PowerPoint, flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content in addition to those included in Basic Services.

6.G Providing services for preparing measured drawings of existing building conditions with the exception of the site survey and site plan.

6.H Making revisions in drawings, or documents when such revisions are:

1. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.

6.I Providing services required due to significant Project scope changes, including but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction

6.J Work required to correct non-conforming work of Contractor.

6.K Site Surveys, including on-site features, subsurface features, topography, boundary, survey, etc. other than those included in basic services or optional services.

6.L Testing and/or evaluation of any off-site utilities

6.M Hazardous material assessments or documentation of any removal or abatement if required.

6.N Preparation, attendance and follow-up for meetings or presentations that are in addition to those that are specified and budgeted in basic services or optional services.

6.O Preparation of LEED analyses, LEED credit evaluation and identification of probable construction costs and design fees associated with a LEED certification by the USGBC if desired by the City

6.P LEED services including LEED project management services, preparation of LEED documentation, Design Phase LEED submission to USGBC, LEED-based reviews during Construction phase services, Construction Phase LEED submission, and other related services.

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1

EXHIBIT B

PAYMENT

1. CONTRACTOR’s Compensation. The total of all fees paid to the CONTRACTOR for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 897,000.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.

2. Billable Rates. Contractor shall be paid for the performanc e of Services on an hourly rate, daily rate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in th e request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.

3. CONTRACTOR’s Reimbursable Expenses. “ Reimbursable Expenses” ar e limited to actual expenditures of CONTRACTOR for expenses that are necessary for the proper satisfaction of the Contract and are only pa yable if specifically authorized in advance in writing by the City. No charges or markup will be allowe d unless specified in the Contract , including charges for travel and transportation.

4. Payments to CONTRACTOR. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.

A . P a y m e n t s t o C O N T R A C T O R s h a l l b e m a d e within a reasonable time after receipt of CONTRACTOR’s invoice, in proportion to services performed or as otherwise specified in Attachment 1 to Exhibit B. CONTRACTOR may request payment on a monthly basis.

CONTRACTOR shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY.

B. Invoices must be submitted to eith er of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]

(2) Postal Mail. If emailing is not an option, mail to:

A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:

(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) CONTRACTOR’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (7) CONTRACTOR’s remit address
(8) Description of services billed under Invoice
(9) Amount of Invoice (itemize all authorized Reimbursable Expenses) (10) Total Billed to Date under Contract (if applicable)

D. Items must be separated into Services and Reimbursable Expenses. Invoices that do not conform to the format outlined above will be returned to CONTRACT OR for correction.

CITY is not responsible for delays in payment to CONTRACTOR resulting from CONTRACTOR’s failure to comply with the invoice format described above.

5. Additional Services. Additional Services shall be provid ed only when a S upplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.

6. Accounting Records of CONTRACTOR. During performance of this Co ntract and for a period of three years after completion of performance, CONTRACTOR shall maintain all accounting and financial records related to this Contract, in accordance with genera lly accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses . Contractor shall keep and make records available for inspection and audit by representatives of the CITY upon reasonable written notice.

7. Tax Payments. CONTRACTOR shall pay, when and as due, any and all taxes incurred as a result of CONTRACTOR’s compensation hereunder, incl uding estimated taxes, and shall provide CITY with proof of the payment upon request. CONTRACTOR hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of CONTRACTOR’s breach of this section.

EXHIBIT B Page 1 of 2

Attachment 1 to Exhibit B

PAYMENT

1. COMPENSATION FOR BASIC AND SUPPLEMENTAL SERVICES

1.A Compensation to the Consultant for Basic Services and Supplemental Services and including Reimbursable Expenses and Design Contingency described in Exhibit A shall be a stipulated sum of Eight Hundred Ninety-Seven Thousand Dollars ($897,000.00).

1.B Compensation for Basic and Supplemental Services per project phase shall not exceed the following compensation unless approved by the City.

Description Subtotal Total
BASIC SERVICES $ 713,625
Task 1 Pre-Design/Planning $ 60,100
Task 2 Concept/Schematic Design $ 144,500
Task 3 Design Development $ 197,800
Task 4 Construction Documents/Permitting $ 304,100
Task 5 Bidding $ 7,125
SUPPLEMENTAL SERVICES $ 82,000
Task 6 Furniture, Fixtures & Equipment (FF&E) and
Signage
$ 70,000
Task 7 Waterproofing Assessment $ 12,000
TOTAL $ 795,625

Subtotal Basic and Compensation (Task 1,2,3,4,5,6 &7) $795,625 Reimbursable Expense Allowance, Paragraph 4.0 below: $ 80,000 Design Contingency (Owner approved, Billed Hourly) $ 21,375 Total Maximum Compensation for Basic and Supplemental
Services including the Reimbursable Expense Allowance $897,000

2. COMPENSATION FOR OPTIONAL SERVICES

2.A Compensation to the Consultant for Optional Services described in Exhibit A are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the City.

2.B The Consultant shall be compensated for Optional Services in addition to compensation for:

Basic and Supplemental Services if Authorized by the City described in Exhibit A shall be a stipulated sum of Two Hundred Forty-Five Thousand One Hundred Dollars ($245,100.00).

Description Subtotal Total
OPTIONAL SERVICES $ 245,100
Task 8 Construction Administration and Closeout $ 245,100 TOTAL $ 245,100

3. COMPENSATION FOR ADDITIONAL SERVICES

3.A Compensation to the Consultant for Additional Services described in Exhibit A is in addition to compensation for Basic Services and shall be either at the following hourly rates or made as a negotiated stipulated sum. The rates below will be in effect through the end of the project.

Principal in Charge $260.00
EXHIBIT B Page 2 of 2

Principal $250.00
Associate $230.00
Project Manager $195.00
Architect III $190.00
Architect II $180.00
Architect I $175.00
Architectural Staff III $165.00
Architectural Staff II $155.00
Architectural Staff I $145.00
Interior Designer II / Planner II $155.00
Interior Designer I / Planner I $145.00
Project Support $120.00 -$240.00
Consulting Principal $320.00

3.B Compensation for meetings in addition to those described in Exhibit A Basic and Supplemental Services shall be on a per meeting basis at the rates below.

Community Open House, Online Survey, Pop-up Kiosk $5,500 per event Citizen’s Advisory Committee (CAC) Meetings $1,750 per meeting Commission Meetings: $1,750 per meeting
City Council/SPL Authority Board Presentation $2,500 per meeting Community Meetings $2,500 per meeting

4. COMPENSATION FOR REIMBURSABLE EXPENSES

4.A Reimbursable expenses related to the Project, whether for consultant, subconsultant, or City use, and are billable at 1.10 times direct cost Reimbursable expenses are in addition to compensation for Basic and Supplemental Services in Exhibit A and shall not exceed Eighty Thousand Dollars ($80,000) with monthly invoice approval by the City. Reimbursable expenses include expenses incurred by the Architect and subconsultants in the interest of the Project. Such costs include, but are not necessarily limited to:

 CAD plotting of check sets and presentation drawings larger than 11”x17”.  Outside service printing/copying of drawings and documents of any size.  In-house black and white printing/copying of drawings larger than 11"x 17".  In-house black and white printing/copying for draft and final reports and specifications.  In-house color printing and photocopying up to 11”x17” for in-house, consultant or client use.
 Software purchase and licensure on behalf of the client with prior client approval.  Postage, delivery and messenger service.
 Photographic and digital imaging, including color and grayscale copies of any size.  Overtime expenses with prior client approval.
 Architectural renderings, physical and digital scale models and animations other than those specified under Basic Services.
 Subconsultant costs.
 Presentation boards.
 Facilitation tools.
 Workshop accessories and facilitation materials.
 Videos, web services, opinion surveys.

The following expenses are included in the hourly billing rates and are not billed separately:
 General in-house black and white printing/copying of 11"x 17" or smaller, except as noted above.
 Telephone and fax usage, unless stipulated otherwise by Agreement.

4.B Rates for Reimbursable Expenses are subject to annual revision each January 1st.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1

EXHIBIT C

INSURANCE

1. Insurance Requirements . During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insu rance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any ava ilable insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.

Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.

2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or mo re persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,00 0,000) per occurrence. The policy shall provide contractual liability and products and complete d operations coverage for the term of the policy.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.

3. Automobile Liability Minimum Scop e and Limits of Insurance Coverage. (Check the applicable provision.)

_ _ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.

The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

_9_ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:

“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to re quire any employees of Contractor to use a

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Cont ract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal inju ry, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non- owned and/or hired autos as appropriate to the operations of the Contractor.”

4. Excess Insurance . The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insura nce or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.

5. Workers’ Compensation Minimum Scop e and Limits of Insurance Coverage. (Check the applicable provision.)

_X_ Workers’ Compensation In surance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.

___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.

___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:

“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Wo rkers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Comp ensation policy will include a waiver of subrogation in favor of the City.”

6. Professional Liabilit y Minimum Scope and Limits of Insurance Coverage. Professional Liability Insurance providing coverage on a claims-made basis for errors and omissions, or malpractice with limits of not less than one million dollars ($1,000,000):

Is _9__ Is not _____ [check one] required for this Agreement.

If required, such coverage must be continued for at least THREE year(s) following the completion of all Services under this Contract. The retroactive date must be prior to the date this Contract is approved or any Services are performed.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3

7. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:

A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insuranc e and will not contribute with it.

B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.

C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.

8. Acceptability of Insurance . Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be decl ared to and approved by the City in writing before execution of this Contract.

9. Verification of Coverage.

A. Contractor shall furnish City with certific ates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.

B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564

C. Certificate Holder must be listed as:

City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564

D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4

10. Subcontractor Insurance Coverage . Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the mi nimum scope and limits of insurance coverage specified in this Exhibit C.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor.

A. It is understood and agreed that CONTRA CTOR (including CONTRACTOR’s employees) is an independent contractor and that no re lationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither CONTRACTOR nor CONTRACTOR’s assigned personnel will be en titled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to CO NTRACTOR under the provisions of this Contract, and CONTRACTOR will be issued a Form 1099 for it s services hereunder. As an independent contractor, CONTRACTOR hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of CONTRACTOR’s employees or by any third part y, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.

B. It is further understood and agreed by th e parties that CONTRACTOR, in the performance of its obligations, is subject to the City’s co ntrol and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by CONTRACTOR for accomplishing the results.

To the extent that CONTRACTOR obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the CONTRACTOR’s sole discretion base d on the CONTRACTOR’s determination that the use will promote CONTRACTOR’s efficiency and effectiveness. Except as may be specifically provided elsewh ere in this Contract, the CITY does not require that CONTRACTOR use CITY facilities, equipment or support services or work in CITY locations in the performance of this Cont ract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.

C. If, in the performance of this Contract, any third persons are employed by CONTRACTOR, such persons will be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requireme nts of law, shall be determined by CONTRACTOR. It is further understood and agreed that CONTRACTOR will issue W-2 or 1099 Forms for income and employment tax pu rposes for all CONT RACTOR’s assigned personnel and subcontractors.

D. The provisions of this section will survive an y expiration or termination of this Contract.

Nothing in this Contract creates an ex clusive relationship between CITY and CONTRACTOR. CONTRACTOR may represent, perform services for, or be employed by

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2 any additional persons or companies so lo ng as CONTRACTOR does not violate the provisions of Section 5, below.

2. Licenses; Permits, Etc. CONTRACTOR represents and warrants that CONTRACTOR has, and shall maintain at all times during the term of this Cont ract at its sole cost an d expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for CONTRACTOR to practice its profession or fulfill the terms of th is Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.

3. Time. CONTRACTOR shall devote the necessary ti me and effort to its performance under this Contract. Neither party will be considered in defaul t of this Contract, to the extent that party’s performance is prevented or delayed by any ca use, present or future, that is beyond the reasonable control of that party.

4. CONTRACTOR Not Agent. E x c e p t a s C I T Y m a y s p e c i f y i n w r i t i n g , C O N T R A C T O R a n d CONTRACTOR’s personnel have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACT OR and CONTRACTOR’s personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever.

5. Conflicts of Interest. CONTRACTOR covenants that neither it , nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the CITY’s interests or that would in any way hinder CONTRACTOR’s performance under this Contract. CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.

CONTRACTOR agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If CONTRACTOR is or employs a former officer or employee of the CITY, CONTRACTOR and any former City officer or employee shall comply with the provisions of Sacramen to City Code Section 2.16.090 pertaining to appearances before the City Council or any CITY department, board, commission, or committee.

6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.

7. Confidentiality of CITY Information. During performance of th is Contract, CONTRACTOR may gain access to and use CITY information regard ing inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the CITY.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 CONTRACTOR agrees to protect all City Informat ion and treat it as strictly confidential, and further agrees that CONTRACTOR shall not at any time, either di rectly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the City’s prior written consent.

I n a d d i t i o n , C O N T R A C T O R m u s t c o m p l y w i t h all CITY policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by CONTRACTOR of this section is a material violation of this Contract and shall justify legal and equitable relief.

8. CONTRACTOR Information.

A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by CONTRACTOR under this Contract. In this Contract, the term “information” mean s and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printi ng, photostatting, photographing, computer models, and any other computerized data a nd every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combin ation thereof. CONT RACTOR shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by CITY.

B. CONTRACTOR shall fully defend, indemnif y and hold harmless CITY, its officers and employees, and each of them, from and agains t any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by CONTRACTOR under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other inte llectual property righ ts. CITY shall make reasonable efforts to notify CONTRACTOR not later than ten days after CITY is served with any such claim, action, lawsuit or other proc eeding. However, City’s failure to provide notice within the ten-day period does no t relieve CONTRACTOR of its obligations hereunder, which survive any termination or expiration of this Contract.

C. All proprietary and other information re ceived from CONTRACTOR by CITY, whether received in connection with CONTRACTOR’s proposal to CITY or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Reco rds Act; provided, however, that, if any information is set apart and clearly marked “t rade secret” when it is provided to CITY, CITY shall give notice to CONTRACTOR of any request for the disclosure of such information. The CONTRACTOR will then have fi ve days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information.

The CONTRACTOR shall have sole responsibilit y for defense of the actual “trade secret” designation of such information.

D. The parties understand and agree that any failure by CONTRACTOR to respond to the notice provided by CITY and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a comple te waiver by CONTRA CTOR of any rights regarding the information designated “t rade secret” by CONTRACTOR, and the

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4 information will be disclosed by CITY in accordance with the Public Records Act.

9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.

10. Standard of Performance. CONTRACTOR shall perform in th e manner and according to the standards currently observed by a competent pr actitioner of CONTRACTOR’s profession in California and in compliance with all requireme nts of this Contract. All products that CONTRACTOR delivers to CITY under this Contract must be prep ared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONTRACTOR’s profession.

CONTRACTOR shall assign only competent personnel to perform on its behalf under this Contract.

CONTRACTOR must notify the CITY in writing of any changes in CONTRACTOR’s staff assigned to perform under this Contract, before any performanc e by the new staff member. If the CITY, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. CONTRACTOR shall immediately remove the assigned person upon receipt of the notice.

11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Comme rcial Code, as adopted by any State, that is contrary to the terms and conditions contai ned herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.

12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usag e. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption

13. Term; Suspension; Termination.

A. This Contract is effective on the Effective Date and continues in e ffect until both parties have fully performed their respective oblig ations under this Contract, unless sooner terminated as provided herein.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5

B. CITY shall have the right at any time to suspend CONTRACTOR’s performance hereunder, in whole or in part, by giving a written no tice of suspension to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall i mmediately suspend its activities under this Contract, as specified in the notice.

C. The CITY shall have the right to terminate th is Contract at any time by giving a written notice of termination to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately cease performance under this Contract as specified in the notice. If the CITY terminates this Contract:

(1) CONTRACTOR shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.

(2) The CITY shall pay CONTRACTOR the re asonable value of Goods or Services provided by CONTRACTOR before termination; provided, however, CITY shall not in any manner be liable for lost prof its that might have been made by CONTRACTOR had the Contract not b een terminated or had CONTRACTOR completed performance required by this Contract. CONTRACTOR shall furnish to the CITY any financial information reque sted by the City to determine the reasonable value of the Goods or Serv ices provided by CONTRACTOR. The foregoing is cumulative and does not a ffect any right or remedy that CITY may have in law or equity.

14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources an d deduct from any monies due, or that may thereafter become due to the Contractor, th e difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.

15. Indemnity.

A. Indemnity : Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, to the fullest extent permitted under law, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including Claims for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to, or relate to any negligent act or omission, recklessness, or willful misconduct related in any way to the performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Claims are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. While Contractor’s defense costs ordinarily cannot exceed Contractor’s proportionate percentage of fault, if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution, the Contractor shall meet and confer with the City and other parties regarding the unpaid defense costs.

B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of the Contractor Information Section, above.

C. Survival. The provisions of this section will survive any expiration or termination of this Contract.

16. Funding Availability.

A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.

B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.

C. This Section shall govern over any other contrary provision of the Contract.

17. Equal Employment Opportunity. During the performance of this Contract, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:

A. Compliance With Regulations: CONTRACTOR sh all comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment ”, as amended by Executive Order 11375, 12086, and 13672, and as supplemented in De partment of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”

B. Nondiscrimination: CONTRACTOR, with regards to the work performed by it after award and before completion of th e work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. CONT RACTOR shall not participate either directly or indirectly in discrimination prohibited by the Regulations.

C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 all solicitations either by competitive bidding or negotiations made by CONTRACTOR for work to be performed under an y subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by CONTRACTOR of CONTRACTOR’s obligation under this Contra ct and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.

D. Information and Reports: CO NTRACTOR shall provide all information and reports required by the Regulations, or by any orders or in structions issued pursuant thereto, and shall permit access to its books, records, acco unts, other sources of information and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with the Regulations, orders and instructio ns. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the CITY, and shall set forth what efforts it has made to obtain the information.

E. Sanctions for Noncompliance: In the even t of noncompliance by CONTRACTOR with the nondiscrimination provisions of this Contra ct, the CITY shall impo se any sanctions it determines are appropriate including:

(1) Withholding of payments to CONTRACT OR under this Contract until CONTRACTOR complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.

F. Incorporation of Provisions: CONTRACTOR sh all include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City ma y direct CONTRACTOR to take specific actions to enforce these provisions, including sanctions for no ncompliance; provided, however, that if CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, CONTRACTOR may request that the CITY join such litigation to protect the City’s interests.

18. Entire Agreement. This Contract, including all Exhibi ts and documents referenced herein, contains the entire agreement between the part ies and supersedes whatever oral or written understanding they may have had befo re the execution of this Cont ract. No alteration to the terms of this Contract shall be valid unless approved in writing by CONTRACTOR, and by CITY, in accordance with applicable provisions of the Sacramento City Code.

19. Modification of Contract. The Contractor shall take no dire ction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, sign ed modification to the Contract.

20. Severability. If a court with jurisdiction rules that an y portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and en forceable as written, to the greatest extent permitted by law.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

21. Waiver. Neither the CITY’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, wi ll be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.

22. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Cour t located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

23. Assignment Prohibited. The expertise and experience of CONTRACTOR are material considerations for this Contract. CITY has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on CONTRACTOR under this Agreement. In recognition of this interest, CONT RACTOR shall not assign any right or obligation pursuant to this Contract without the written consent of the CITY. Any attempted or purported assignment without CITY’s written consent shall be void and of no effect.

24. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 23, above.

25. Compliance with Laws. The Contractor will comply with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, consistent with applicable rules of professional conduct, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.

26. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties th at are debarred, suspended, or otherwise excluded or ineligible for participating in Fe deral assistance programs or activities. By signing this Agreement, CONTRACTOR warra nts and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONT RACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:

(1) Is not presently debarred, suspende d, proposed for debarment, declared ineligible, or voluntarily excluded from cove red transactions by any federal or state department/agency;

(2) Has not within a three-year period prec eding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violatio n of federal or state antitrust statutes; or

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;

(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or loca l) with commission of any of the offenses enumerated in paragraph (b) above; or

(4) Has not, within a three-year period prec eding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.

(5) Has not been notified, within a three-yea r period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.

B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material s upplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certif ications in this Section must be disclosed to the City.

C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s respon sibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.

D. City will review the Federal Government ’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRA CTOR learns this certificatio n is erroneous or has become erroneous by reason of changed ci rcumstances. If it is later determined that the Contractor’s warranties and certification in this Section we re erroneous, the City may terminate this Agreement for default.

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 1

EXHIBIT E

ADDITIONAL REQUIREMENTS FOR SURVEYING, MATERIAL TESTING, AND INSPECTION SERVICES

The Services provided under this Contract include land surveying, material testing, or inspection services provided for a City construction project during th e design, pre-construction , construction, or post- construction phases of the project. Therefore, the services include “Public Work” under the California Labor Code and is subject to the following requirements:

A. Payment of Prevailing Wages: Contractor a nd any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California La bor Code, which require, among other things, that CONTRACTOR and all subcontractors pay no t less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Co de section 1773. CONTRACTOR and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation elec tronically when and as requ ired by CITY. In addition, Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner.

Contractor shall include these requirements in every subcontract.

This Agreement is subject to compliance mo nitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3. 60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.

B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of an y contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.

Further information can be found on DIR’ s website at http://www.dir.ca.gov/Public- Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the CONTRACTOR’s and subcontractors’ obligation to comply in all respects with a ll other applicable laws and regulations. The CONTRACTOR shall disseminate these provisions to all subcontractors.

Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 2 registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.

To be completed by the City Representative if this Agreement is for the performance of any Public Work:

Contractor DIR registration #: _________________________________________

C. Workers’ Compensation Certification. In accordance with Califor nia Labor Code Section 1861, by signing this Contract, Contractor ac knowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisio ns of that code, and that Contractor will comply with the provisions of the Labor Co de before commencing performance under this Contract.

D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.

E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.

F. Failure to Comply with Labor Complia nce. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.

G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subc ontractors performing work under this Contract.

PSA Signature Page – Approved by CAO 11-1-2019
Executed as of the day and year first above stated.

CITY OF SACRAMENTO
A Municipal Corporation

By: _____

P r i n t n a m e :

T i t l e :

For: Howard Chan, City Manager

ATTEST:

_ _ _ _ _ _
City Clerk

APPROVED AS TO FORM:

______
City Attorney

Attachments

Exhibit A Scope of Work
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
Ryan Moore
Assistant City Manager
PSA Signature Page – Approved by CAO 11-1-2019
CONTRACTOR:

______________________________________

NAME OF FIRM

______________________________________
Federal I.D. No.

______________________________________
State I.D. No.

______________________________________
City of Sacramento Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):

_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ______________)

______________________________________
Signature of Authorized Person

______________________________________
Print Name and Title

______________________________________
Additional Signature (if required)

______________________________________
Print Name and Title

X
Dawn Merkes, Principal
Jonathan Hartman, Principal
1111385
0772529
94-2376500
Group 4 Architecture Research + Planning, Inc.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/29/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Helen Jang
626-696-1892
[email protected]
License#: 6003745
XL Specialty Insurance Company
37885
GROUP4ARC
Travelers Property Casualty Company of America
25674
Group 4 Architecture
Research + Planning, Inc.
211 Linden Avenue
South San Francisco CA 94080
The Travelers Indemnity Company of Connecticut
25682
1378013393
B
X
2,000,000
X
1,000,000
10,000
2,000,000
4,000,000
X
Y
Y
6803J225448
7/18/2023
7/18/2024
4,000,000
C
1,000,000
X
X
X
NoOwned Auto
Y
Y
BA9R464848
7/18/2023
7/18/2024
B
X
X
4,000,000
Y
CUP9G286032
7/18/2023
Y
7/18/2024
4,000,000
A
Professional Liability
DPR5016254
7/22/2023
7/22/2024
$2,000,000 per Claim
$2,000,000 Annl Ag
Insured owns no company vehicles; theirefore, hired/non-owned auto is the maximum coverage that applies. The Excess-Umbrella Liability is Follow Form to its underlying Policies: General Liability, Automobile Liability and Employers' Liability.

Project #23604-01 - MARTIN LUTHER KING JR. LIBRARY REMODELING, LIBRARY REMODELING, MLK JR LIBRARY, SACRAMENTO, CA.

City of Sacramento, its of?cials, employees and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).
30 Day NOC/10 Day for NonPay of Prem
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta CA 92564

PageofDATE OF ISSUE:CG T8 03 07 23 1105/23/2023
PageofDATE OF ISSUE:CG T8 01 07 23 1105/23/2023

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
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 insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Includes copyrighted material of Insuran ce Services Office, Inc. with its permiss ion.

Policy #
6803J225448

COMM E RCI AL G ENERA L LIAB ILI T Y
that i s av a ilab le to any o f y our " em p loyee s "o ccup at ional therapi st or o ccup at ional fo r "bod i ly injury " that ari s e s out o f pr ov idin gthe rapy as s ist an t, p h y s i c a l ther ap i s t o r or f a i li ng t o prov ide "i ncidental me dic a ls p ee c h- language p a th olo gi st ; or s e r v i c e s " to any p e rs on t o the e x tent n ot(b ) F i rst ai d o r "Good Sama ri tan s e r v i c e s " s ubje c t to P ar ag r ap h 2.a. (1) o f S e c tio n II –by any o f y our " em p loyee s " or " v olunteer Wh o I s An Insur ed.w orke rs ", oth e r th an an em ployed o r v o lunteer d o ctor. An y s uc h " em p loyee s " K. M ED I C AL PAYM EN T S – INCREASE D LI M IT or " v ol untee r w orkers" prov idin g or fa il in g The f o llo wing r e pla ces P aragrap h 7. o fto prov ide fi r s t aid or "Good Sama ri tan SE CTI O N II I – L IMIT S O F I N SURA NCE:s e r v i c e s " during th ei r w ork h ours fo r yo u

7. Su bje ct to P aragrap h 5. abov e, th e Medic a lwil l b e d ee m ed t o b e a c ti ng within th e s co pe o f thei r em ploy m ent b y y ou o r Ex pens e L im i t i s the mo s t w e wil l pay und e r pe rfo rm in g dutie s r elated to t he c o ndu ct C ov erage C fo r al l me di c al ex pens e s o f yo ur bus ine s s . be c aus e o f " bodily inj ury " s us tained b y any one pers on, and w ill be th e highe r o f:3. The fo llowing r epla c e s the la st s e nt en c e o f Pa r ag r aph 5. o f SE CTIO N I II – L IMIT S O F a. $10, 00 0; orINSU R A N CE :
b . The am o unt s how n i n th e D e clarat ion s o fFo r t he p urpo s es o f d eterm i ni ng th e th i s C ov erage P art fo r Medica l E x pens eappl i cable E a c h Occurrenc e L im i t , all r e la ted Lim i t.a ct s or om i s s ions c om m i tted i n prov iding o r fa il in g t o pr ov ide "inci dent al me dical L . AM END MEN T OF EXCES S INS URA NCE s e rv i ce s ", fi r s t a id or "Good Sama ri tan COND I T ION – P ROF ES SI ONAL L IA BIL I TY s e rv i ce s " to any one p er s on wil l b e deemed The f ol lo wing i s added t o P ar ag r aph 4.b . ,to b e one " o cc urrence ". Ex ces s Insu r ance , o f SE CTI O N IV –4. The fol lowing ex clu s ion is ad ded t o CO MM ERCIAL GENE R AL L IA BI LIT Y Pa r a graph 2., Ex clus ion s, o f SE CTION I – COND I T ION S :

CO V ER AGE S – C O VER AGE A – BODI L Y Thi s in s uranc e is ex c e s s ov er any o f the oth e rINJU RY A ND P ROP ERT Y DAM AGE i nsur an c e, wh eth e r prim ary, ex ces s , c o nti ng entL IA BI LI TY: or on a ny other b a s i s , that i s Pr o fe ss ionalSa le O f Ph armac eu ticals Lia bil ity or s im i la r c ov e rag e, t o th e ex tent t h e "Bo dily inj ury " o r "pr op e rty d am age " ari s ing lo ss i s n o t s ub ject to th e pro fe s s ional s e rv i c e s ou t o f t h e v iola t ion o f a p enal s ta tute o r ex clusion o f C o v erage A or Co v e r age B. ordi nanc e r elatin g t o the s a le of M . B LA NKET W AIVER OF SUBRO GATION –pharma c eut i c al s c om m i tt ed b y, o r w i th t he W H EN R E QUI RED BY WRI TT E N C ON T RACTk now ledg e o r c o n s ent o f t he in s ur ed. O R AG R EEMEN T5. The f ol lo wing i s a dd ed t o th e D EFIN I TION S The f ol lo w ing is add ed to P a ragraph 8., Tra nsfe rSe ctio n:

O f Ri g h t s O f Re co very Again st O the r s T o U s ,"In ci dent al m ed i c al s e rv i ce s " m ea ns : o f SE CTION IV – C O MMERCIAL GEN ERAL a . Med i c al , s urgic a l, d en tal , lab orato ry, x - L IA BI LI TY CO ND I T ION S:
r ay o r n ursing s erv i ce or tr eatm en t, If the i nsur ed h a s agreed in a wri tten c o n tr a ct o radv i c e o r ins tru ction, o r the r ela ted ag r ee ment to w aiv e that i nsur ed ' s right o ffu rni s hing o f food or be v e rag es; or r e cov e ry against any p ers on o r o rg anizat io n, w e b . The fur nishin g o r di s pens i ng o f drug s o r w aiv e our r ight o f r e c ov e ry agai nst s uch p ers o nm ed i c al , d en tal, or s ur gi cal s u pplie s o r or o r ganizatio n, but only f o r p ay men ts w e m akeappl ia nc e s . be c aus e o f:

6. The f ol lo w i ng is added t o Par agraph 4.b . , a. "Bo dily injury " o r "property d am age " thatE xces s Ins u r ance , o f SE CTI O N IV – o ccurs ; o rCO M M ERCI AL GENE R AL LI A B ILI T Y b . "Pe rs o nal and a dv e rti s ing injury " c aus ed b yCOND I TION S :
an o ffe n s e th at i s c om m it ted ;Thi s i nsur an c e i s ex c e s s ov e r any v al id an d s ubs equent to th e s igni ng o f that c o ntra ct o rcol le c ti ble oth e r i ns ur ance , w h ether p rim a ry, ex c e ss , c o nti ng ent o r on any other b a sis, ag r ee ment.

CG D3 79 02 19 ú 20 17 T he Tra v e le rs In d e mn ity C o mp a ny . All righ ts re se rv e d . Pa ge 5 o f 6 I nc lud es co py rig ht e d ma te ria l o f I nsur a nce Se rv ice s O f f ice , Inc. w it h its p e rm is sio n.

Policy #
6803J225448

ANY PERSON OR ORGANIZATION THAT

YOU ARE REQUIRED TO INCLUDE AS

ADDITIONAL INSURED ON THE COVERAGE

FORM IN A WRITTEN CONTRACT OR

AGREEMENT THAT IS SIGNED AND

EXECUTED BY YOU BEFORE THE BODILY

INJURY OR PROPERTY DAMAGE

OCCURS AND THAT IS IN EFFECT
DURING THE POLICY PERIOD.

COMMERCIAL AUTO
POLICY NUMBER:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form.

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2. of Section I Covered Autos Coverages of the
as an "insured" under the Who Is An Insured provi- Auto Dealers Coverage Form. sion contained in Paragraph A.1. of Section II
Cov-
CA 20 48 10 13
Insurance Services Office, Inc., 2011 Page 1 of 1
BA9R464848

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy #
BA9R464848

G R O U P 4

A R C H I T E C T U R E
R E S E A R C H +

P L A N N I N G , I N C
211 LINDE N AVE NUE
SO. SAN FRAN C ISC O
C A 9 4 0 8 0 U S A
T : 6 5 08 7 10 7 0 9
F : 6 5 0 8 7 1 7 9 1 1
w w w . g 4 a r c h . c o m

J I L L E Y R E S

A R C H I T E C T

A N D R E A G I F F O R D

A R C H I T E C T

J O N A T H A N H A R T M A N

A R C H I T E C T
D A W N E . M E R K E S

A R C H I T E C T

D A V I D S C H N E E

A R C H I T E C T

C A R O L Y N C A R L B E R G

A R C H I T E C T

G A R Y C H I N G

A R C H I T E C T

H A R D I N G D O W E L L

A R C H I T E C T

D A N I E L L A R O S S A

A R C H I T E C T

W I L L I A M L I M

A R C H I T E C T

T E R E S A R O M

A R C H I T E C T

06/09/2023

Assured Partners Design Professionals Ins. Svcs, LLC
3697 Mt. Diablo Blvd, #230
Lafayette, CA 94549

Re: Insurance Compliance – Scheduled Autos

To Whom it May Concern:

Group 4 Architecture Research + Planning, Inc. owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies (as shown on the Certificate of Insurance). Should this information change by acquiring a company owned auto, we will inform you by sending a revised certificate of insurance.

Sincerely,

Dawn Merkes
Architect, Principal
Group 4 Architecture, Research + Planning, Inc