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HomeMy WebLinkAboutAGMT - NV5 Inc and Amendment 1 and 2 and Extension No 1 & 2 (On-Call Professional Inspection Services)May 31, 2023 NV5, Inc. 9890 Irvine Center Drive Irvine, CA 92618 Attn: Peter Salgado SUBJECT: CITY OF SEAL BEACH — NV5, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.2 On -Call Professional Inspection Services Dear Mr. Salgado: Pursuant to the Professional Services Agreement for On -Call Professional Inspection Services, dated July 22, 2019, by and between the City of Seal Beach (City) and NV5, Inc., the City is hereby notifying NV5, Inc. of its desire to exercise the second of two additional one (1) year term extension per Section 2.2 Term for a total not - to -exceed amount of three hundred sixty thousand dollars and 00/100 ($360,000.00). The Agreement termination date is now revised to midnight of July 22, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee, Public Works Director at (562) 431- 2527 x1322 or ilee@sealbeachca.gov Sincerely, R. Ingram City Manager CC: Iris Lee, Public Works Director Gloria D. Harper, City Clerk July 25, 2022 NVS, Inc. 9890 Irvine Center Drive Irvine, CA 92618 Attn: Peter Salgado SUBJECT: CITY OF SEAL BEACH — NVS, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.1 On -Call Professional Inspection Services Dear Mr. Salgado: Pursuant to the Professional Services Agreement for On -Call Professional Inspection Services, dated July 22, 2019, by and between the City of Seal Beach (City) and NVS, Inc., the City is hereby notifying NV5, Inc. of its desire to exercise the first of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of three hundred sixty thousand dollars and 00/100 ($360,000.00). The Agreement termination date is now revised to midnight of July 22, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely, Iris Lee Acting Director of Public Works June 20, 2022 NV5, Inc. 9890 Irvine Center Drive Irvine, CA 92618 Attn: Peter Salgado SUBJECT: CITY OF SEAL BEACH — NV5, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.1 On -Call Professional Inspection Services Dear Mr. Salgado: Pursuant to the Professional Services Agreement for On -Call Professional Inspection Services, dated July 22, 2019, by and between the City of Seal Beach (City) and NV5, Inc., the City is hereby notifying NV5, Inc. of its desire to exercise the first of two additional one ,(1) year term extension per Section 2.2 Term for a total not -to -exceed amount of eighty thousand dollars and 00/100 ($80,000.00). The Agreement termination date is now revised to midnight of July 22, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.eov Sincerely, Acting Director of Public Works AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT for On -Call Professional Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 H NV5, Inc. 163 Technology Drive, Suite 100 Irvine, CA 92618 (949) 419-3030 This Amendment No. 2, dated November 8, 2021, amends that certain agreement ("Agreement') dated July 22, 2019, as previously amended by Amendment No. 1 dated July 22, 2019, by and between the City of Seal Beach ("City"), a California charter city, and NV5, Inc. ("Consultant"), a California corporation. 1 RECITALS A. Effective July 22, 2019, City and Consultant entered into an Agreement for Consultant to provide On -Call Professional Inspection Services. B. Effective July 22, 2019, City and consultant entered in an amendment to the Agreement (Amendment No. 1) to daffy the contract indemnification obligations. C. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional on-call professional inspection services, and to increase Consultant's compensation by $225,000 for those additional services for a revised total compensation in the not -to -exceed amount of $465,000 as provided herein. AMENDMENT NO.2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended in its entirety to read as follows: "3.0 Consultant's Compensation It 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services, and Exhibit A- 2 for Additional Services, but in no event will the City pay more than the total not -to -exceed amount of $465,000 for the Services (Exhibit A) and Additional Services (Exhibit A-2) for the Original Term. Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedules set forth in Exhibits A and A-2, and shall not exceed the amount authorized by the City Council at time of award or amendment. 3.2 In the event that City elects to extend the Original Term in accordance with Section 2.2 of the Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services, and Exhibit A-2 for Additional Services, but in no event will the City pay more than the total not -to -exceed amount of $360,000 for the Services (Exhibit A) and Additional Services (Exhibit A-2) for each extension." Section 3. Section 14.0 (Safety Requirements) of the Agreement is hereby revised to require the Consultant to comply with all applicable COVID-19 public health regulations and industry safety orders, to read as follows: "14.0 Safety Requirements All work and other Services performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, 2 state and federal laws, industry safety orders and/or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant's employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Consultant, during Consultant's performance of the Project. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from -its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant" Section 3. Section 29.0 (Non -Appropriation of Funds) is hereby added to the Agreement to read as follows: 2 "29.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. Section 4. All references to the term "Agreement' throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated July 22, 2019, Amendment No. 1 dated July 22, 2019, and this Amendment No. 2 dated November 8, 2021, as if all of those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement and/or Amendment No. 1, the provisions of this Amendment No. 2 shall control. Section 6. The persons executing this Amendment No. 2 on behalf of Consultant warrants that he or she is each duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2. 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto: Steele, Id CONSULTANT: NV5, Inc. a California corporation By: Name: /Jeffrey M Cooper Its: Vice President By: AJAL� Name: Lryk OBrien Its: Corporate Secretary (Please note, two signatures required for corporations under Corp. Code §393, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) EXHIBIT A-2 — Additional Services October 25, 2021 City of Seal Beach Attn: Iris Lee, PE Deputy Director of Public Works/City Engineer 211 Eighth Street Seal Beach, CA 90740 SUBJECT: On -Call Construction Inspection Services -Amendment No. 2 Dear Ms. Lee, NV5, Inc. respectfully requests an amendment to the subject contract for additional funds to continue providing on-call construction inspection services to the City of Seal Beach (City). Currently we are providing the services of one full-time inspector in addition to a part-time inspector. The City has requested that NV5 analyze the City's needs with the OC405 project for Construction Inspection through project completion of 2023. The OC405 and its associated projects are very volatile with four to five permits already on this project, which include the following so far: • DPW04270 Lampson Intersection & 405 Left Turn which is almost complete • DPW4099 North Gate Road will continue for quite some time on the reconstruction of the wall • DPW04311 Almond Wall Demo (OC405) which is three or four months ahead of North Gate and our inspectors will need to check that City traffic is not negatively impacted • SS1802 Old Ranch Parkway Manholes is inactive at the moment as the MH's on North Gate Road are completed. Old Ranch Parkway will need to be completed once the on-ramp is done • ST1809 Is for other 405 work that does not have a specific City permit number NV5 anticipates that the above permits represent a sample of the OC405 work that will be ongoing, either under these permits or under new OC405 permits. Therefore, NV5 has analyzed these OC405 permits from May 1 through September 30, 2021 to understand the OC405 project needs. From May 1 through September 30, 2021, there are 149 working days (Monday through Friday), and at times, NV5 has spent nights and weekends on the OC405 projects for a total of 129 hours out of the 990 hours total of Seal Beach inspections in this time period. Moving forward, NV5 would anticipate at least this much involvement and perhaps up to 20% more inspection needed in support of the OC405 project in Seal Beach. Therefore, we could assume approximately 16% of our total inspection hours and budget would need to be allocated to OC405. Similarly, the City has also asked NV5 to analyze the future needs of the OC San project (DPW04065). Again, from May 1 through September 30, 2021, there are 149 working days (Monday through Friday), and at times, NV5 has spent nights and weekends on the OC San projects for a total of 90 hours out of the 990 hours total of Seal Beach inspections in this time period. Moving forward, NV5 would anticipate at least this much involvement and perhaps up to 20% more inspection needed in support of the OC San project in Seal Beach. Therefore, we could assume approximately 11% of our total inspection hours and budget would need to be allocated to OC San. 163 Technology Drive, Suite 100 1 Irvine, CA92618 I www.NV5.com I Office 949.585.0477 Our remaining funds already in place for this contract will allow us to continue to provide coverage through approximately mid-November 2021, which comes from the last Purchase Order (PO 17539), assuming one full-time and one part-time inspector at $138 per hour, plus mileage between project sites. Per the City's request, in order to continue to serve the City's inspection projects, NV5 estimates the following needs for these continued services: Time Period OC 405 (16% of Total) * OC San (11% of Total) * City's Other Inspection Projects Remaining Contract Allocations Totals $ 36,000 $ 56,000 $ 32,036 $ 24,750 $ 38,500 $ 22,025 r $164,250 $ 255,500 $ 305,939 -$0 -$80,000 -$80,000 $ 225,000 $ 280,000 $ 280,000 Nov 2021 through June 10, 2022 June 11, 2022 through June 10, 2023 June 11, 2023 through June 10, 2024 ** * Estimated to Complete December 2023 (203 CD out of 365 CD) * Includes a 3% hourly rate increase from $138 to $142 for Inspectors We look forward to the opportunity to continue to work with the City and help you achieve your goals and objectives. If you have any questions please don't hesitate to contact me at (951) 377-1566 or by email at luanne.bean@nv5.com Sincerely, NV5, Inc. Luanne Bean, PE Director of Water & Wastewater Operations PN: P27021-0001740.00 Je rey M. Cooper, PE Vi a President 163 Technology Drive, Suite 100 1 Irvine, CA92618 I www.NV5.com I Office 949.585.0477 1 RESOLUTION 7214 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC. FOR ON-CALL PROFESSIONAL INSPECTION SERVICES WHEREAS, the City has a robust capital improvement, development services, and interagency coordination program that requires on-call professional inspection services; and, WHEREAS, on July 22, 2019, City Council adopted Resolution 6934 approving a Professional Services Agreement (Agreement) with NV5, Inc. (NV5) in the amount of $240,000 for the Original Term, and $80,000 for each optional term extension, to provide On -Call Professional Inspection Services; and, WHEREAS, on July 22, 2019, the City also entered into Amendment No. 1 of the Agreement with NV5 to clarify the contract indemnification obligations; and, WHEREAS, the due to the City's on-going professional inspection services needs, the amount authorized under the current Agreement with NV5 for is close to being fully encumbered; and, WHEREAS, the City and NV5 desire to increase the Agreement compensation limit. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 2 dated November 8, 2021 to the Agreement dated July 22, 2019, as previously amended by Amendment No. 1 dated July 22, 2019, between the City of Seal Beach and NV5, Inc. to increase NV5's compensation by $225,000 for a revised total contract not -to -exceed amount of $465,000 for the Original Term, and increase NV5's compensation by $280,000 for a revised not - to -exceed amount of $360,000 for each term extension, attached hereto as Exhibit A-2 to Amendment No. 2 and incorporated herein by this reference as though set forth in full. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 2. 1 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8t' day of November, 2021 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } *KW.17�0 Joe Imick, Mayor I, GIoria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7214 on file in the office of the City Clerk, passed, .approved, and adopted by the City Council at a regular meeting held on the 8)1 day,,gf November, 2021. Cify Clerk 1 1 1 �'►�o o® CERTIFICATE OF LIABILITY INSURANCE 5/1/2022 DATE(MMIDDIYYY1� 11/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an. endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 3280 Peachtree Road NE, Suite #250 Atlanta GA 30305 (404)460-3600 CONACT NAME: ' PHONE FAX No Ex A1C No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: The Continental Insurance Company 35289 N INSURED 1491108 NVS 'Inc. 163 Technology Drive INSURER B: National Fire Insurance Co of Hartford 20478 INSURER C: Transportation Insurance Company 20494 INSURER D: Berldey Insurance Company 32603 Suite 100 INSURER E Irvine CA 92618 INSURER F: CAVERAGES Irvine CERTIFICATE NUMBER: 1 Rnwm REVISION NUMBER: XXXXXXX 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. !LTR TYPE OF INSURANCE I ISN DDI WVD I POLICY NUMBER POLICYEFF MM/IDD EXP LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR Y N 7014856125 5/1/2021 5/1/2022 EACH OCCURRENCE S 11000,000 PREMISES Ea occurrence S 1 000 000 MED EXP (Any one person) $ 15,000 X Contractual Liab X Cross Liab Incl PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 IRI ❑X LOC X POLICY FX JECT $ X OTHER: Deductible: None I I I B AUTOMOBILE LIABILITY Y lel 7014842659 5/1/2021 5/1/2022 EDaBd entSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) S XXXXXXX ANY AUTO BODILY INJURY (Per accident) S XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I PROPERTY DAMAGE $XXXXXXX Per accident $XXXXXXX A X UMBRELLA LIAB ]{ OCCUR N NJ 7014841883 5/1/2021 5/1/2022 EACH OCCURRENCE $ 20,000,000 AGGREGATE s 20,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ $0 $ XXXXXXX B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? � (Mandatory in NH) N I A NX 7014842824 AOS) 7014842810(CA) 5/1/2021 5/1/2021 5/1/2022 5/1/2022 PER 1 STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEEI S 1,000000 E.L: DISEASE - POLICY LIMIT I S 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below D A A Prof/Poll Liab Bus Per Prop Leased/Rented Equip N N AEC -9044114-05 7014856125 7014900785 5/1/2021 5/1/2021 5/1/2021 5/1/2022 5/1/2022 5/1/2022 Ea Claim/Agg $I0miU$20mi1 Limit $19,429,515 Limit $100,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are included as additional insureds on a Primary and Non-contributory basis if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. A 30 -day notice of cancellation is included if required by written contract per the terms and conditions of the policy. 18026005 City of Seal Beach 211 -8th Street Seal Beach CA 90740 ACORD 25 (2016103) JGG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED Inc The ACORD name and logo are registered marks of ACORD All riahts reserved. Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coveraae Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. 11. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph 1. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance L;NA7bU79XX (10-16)o ICy 190:7014856125 Page 1 of 2 Effective Date: 05/01/2021 Insured Name: NV5 Global, Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees c Contractors - with Products -Complete Olaerations Coveraae Endorsemer With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which, may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in, effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Im L4 F_AV&-,11Jr&;mLq@ tolal -.K 05 Page 2 of 2 Effective Date: 05/01/2021 Insured Name: NV5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D587566 Master ID: 1491108, Certificate ID: 18026005 Policy No: 7014856125 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Attachment Code: D587568 Master ID: 1491108, Certificate ID: 18026005 It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2021 Policy No: 7014856125, 7014842659,7014841883 Copyright CNA All Rights Reserved. Attachment Code: D587561 Master ID: 1491108, Certificate ID: 18026005 CNA CNA71526XX (Ed. 10/12) ADDITIONAL INSURED ENDORSEMENT - CONTRACTUAL OBLIGATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization AS REQUIRED BY CONTRACT 1. Paragraph A.1. Who Is An Insured of Section If - LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract'; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV - BUSINESS AUTO CONDITIONS is amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit." Attachment Code: D587561 Master ID: 1491108, Certificate ID: 18026005 4. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. Policy No: 7014842659 Effective Date: 5/1/2021 Insured Name: NV5, Inc. CNA71526XX (Ed. 10/12) Attade: D587560 Master ID: 1491108, Certificate ID: 18026005 CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations 11 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Insured Name: NV5 GLOBAL, INC. Copyright CNA All Rights Reserved. Policy No: 701842659 Endorsement No: Effective Date: 05/01/2021 Attachment Code: D587563 Master ID: 1491108, Certificate ID: 18026005 POLICY NUMBER: 7014842659 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NV5 Global, Inc Endorsement Effective Date: 05/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT. com The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the 'loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 0 Attachment Code: D587579 Master ID: 1491108, Certificate ID: 18026005 It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013) Policy No: 7014842824; 7014842810 Endorsement Effective Date: 05/01/21 © CNA All Rights Reserved. Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18026005 CNA POLICY NO: 7014842824 WORKERS COMPENSATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in. the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC00 03 13 (04-1984) Endorsement Effective Date: 5/1/2021 Policy: 7014842824 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18026005 CNA WORKERS COMPENSATION TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [ ] Specific Waiver [X] Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Waiver of Subrogation Operations Premium: The premium charge for this endorsement shall be premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 1. Advance Premium: Waiver of Subrogation Advance Premium All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:WC.:42 03 04 B (06-2014) Endorsement Effective Date:05/01/2021 Policy No. 7014842824 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18026005 .*►101 UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement All other terms and conditions of the policy remain unchanged. :his endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 43 03 05 (07-2000) Endorsement Effective Date: 05/01/2021 Policy No. 7014842824 Attachment Code: D587584 Master ID: 1491108, Certificate ID: 18026005 Policy No. 7014842810 CN!A 'Workers�€r�apc�.sB.f.io BLANKET, WAIVER OF OURRIGHT TG RECOVERFROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. (This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy (unless another expiration date is shown below. Form No: 0-191 80-B 01-1997) Policy No. 7014842810 Endorsement Effective Date: [05/01/2021 A e t o e: aster Certificate ID: 18026005 effi ey insurance dompany Page oft Notice of Cancellation to Certificate Holder(s) Endorsement In consideration of the premium paid for this Policy, it is understood and agreed that Section VII, Conditions, H. Notice of Cancellation, is amended by adding the following provision: In the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s) with mailing addresses on file with the agent of record. This provision does not apply if cancellation is due to nonpayment of premiums to us or to a finance company authorized to cancel this Policy. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, Item 2. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives. Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. Insured Policy Number I NV5 Global, Inc. AEC -9044114-05 Effective Date of This Endorsement Authorized 05/01/2021 Representative 12 - BDP0713130 (07-13) 26963-9020368-41058 Policy Form: BDP0417001 (04-17) Atl erkiey insurance1CompanyID:18026005 Change Endorsement Other Insurance Page 1 of 1 In consideration of the premium paid for this Policy, it is understood and agreed that Section VII. Conditions, I. Other Insurance is deleted and replaced with the following: Otherinsurance If there is other collectible insurance, including but not limited to other professional liability insurance or project specific insurance, that applies to a Claim covered by this Policy, the other insurance shall be primary and this Policy shall be excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim. Solely as respects Insuring Agreement B — Contractor's Pollution Liability, when required in a signed, written agreement executed prior to the report date of a Claim, this policy shall be primary to other collectible insurance that applies to those Claims resulting from the performance of your Contractor Services. Any other collectible insurance that applies to a Claim covered by Insuring Agreement B shall be excess and non-contributory. Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. Insured Policy Number NV5 Global, Inc. I AEC -9044114-05 Effective Date of This Endorsement Authorized 05/01/2021 Representative 10 - BDP0713106 (07-13) 26882-9036395-87455 Policy Form: BDP0417001 (04-17) Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 Berkley Insurance Company Architects, Engineers & Consultants Professional Liability Contractor's Pollution Liability Cyber Liability Media and Personal Injury Liability NOTICE: THIS IS A CLAIMS MADE AND REPORTED IN WRITING POLICY. SUBJECT TO ITS PROVISIONS, COVERAGE APPLIES ONLY TO CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING A POLICY YEAR AND FIRST REPORTED TO US IN WRITING WITHIN THAT SAME POLICY YEAR, OR WITHIN ONE HUNDRED AND TWENTY (120) DAYS AFTER THE END OF SUCH POLICY YEAR, UNLESS AN OPTIONAL EXTENDED REPORTING PERIOD APPLIES. THIS POLICY CONTAINS PROVISIONS THAT LIMIT THE AMOUNT OF CLAIM EXPENSES THE COMPANY IS RESPONSIBLE TO PAY IN CONNECTION WITH CLAIMS. THE PAYMENT OF CLAIM EXPENSES WILL REDUCE THE LIMITS OF LIABILITY STATED IN ITEM 3 OF THE DECLARATIONS. PLEASE READ THE POLICY CAREFULLY. _ The words "we," "us" and "our" mean the Insurance Company listed in the Declarations Page of this Policy. The words "you" and "your" mean any person or entity described in the definition of Insured. Words in bold print have special meanings defined in Section VI. Definitions. In consideration of the payment of the Policy premium stated in Item 5 of the Declarations, and subject to all the terms, and in reliance upon the statements made in the application, which either is attached to this Policy or shall be deemed attached to this Policy by this provision, we agree with you as follows: I. Insuring Agreements We will pay up to the Limits of Liability and subject to the Deductible stated in the Declarations all sums that the Insured becomes legally obligated to pay as Damages and Claim Expenses resulting from a Claim first made against the Insured during the Policy Year and first reported to us in writing during the same Policy Year, or within 120 days after the end of such Policy Year, provided that: A. Architects and Engineers Professional Liability 1. The Claim arises out of a Wrongful Act in, or Pollution Incident from, the performance of your Professional Services; 2. The Wrongful Act or Pollution Incident took place on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and 3. Prior to the Knowledge Date stated in the Declarations, none of the Principal Insureds kne%V or could have reasonably expected that any subject Professional Services might give rise to a Claim. B. Contractor's Pollution Liability 1 The Claim arises out of a Pollution Incident from the performance of your Contractor Services; 2. The Contractor Services took place on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and 3. Prior to the Knowledge Date stated in the Declarations, none of the Principal Insureds knew or could have reasonably expected that any subject Contractor Services might give rise to a Claim. C. Cyber Liability 1. The Claim arises out of a Wrongful Act in the performance of your Professional Services and that: a. is specifically related to Information Technology Services; or b. results in the failure of Information Technology Products to perform the function or serve the purpose intended; or c. results in a Cyber Security Breach; and BDP0417001 Page 1 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY 2. The Wrongful Act was committed on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and 3. Prior to the Knowledge Date stated in the Declarations, none of the Principal Insureds knew or could have reasonably expected that any subject Professional Services might give rise to a Claim. D. Media and Personal Injury Liability 1. The Claim arises out of a Wrongful Act in the performance of your Professional Services, Media Activities or Information Technology Services that result in: a. infringement of copyright, piracy, plagiarism or misappropriation or unauthorized use of the intellectual property of others that is obtained by you under Contract; b. infringement of trade dress, domain name, title or slogan, or the dilution or infringement of trademark or servicemark; c. negligence regarding the Content of any Media Communication including harm caused through any reliance or failure to rely upon such Content; d. misappropriation of trade secret; e. defamation, libel, slander, product disparagement, trade libel, or other tort related to disparagement or harm to the reputation or character of any person or organization; but not including slander of title or any other Claim related to real or other tangible personal property; f.. invasion or interference with the right to privacy or of publicity; g. misappropriation of any name or likeness for commercial advantage; h. false arrest, detention or imprisonment or malicious prosecution; or i. invasion of or interference with any right to private occupancy, including trespass, wrongful entry, eviction or eavesdropping; 2. The Wrongful Act was committed on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and 3. Prior to the Knowledge Date stated in the Declarations of this Policy, none of the Principal Insureds knew or could have reasonably expected that any subject Professional Services might give rise to a Claim. 11. Territory A. The coverage afforded by this Policy applies worldwide. B. We shall not be required to provide any coverage, pay any Claim or provide any other benefit hereunder to the extent that provision of such coverage, payment of such Claim or provision of such other benefit would be in violation of any trade or economic sanctions, laws or regulations of the United States including, but not limited to, those administered by the U.S. Treasury Office of Foreign Assets Control, or of any other jurisdiction with which we are legally obligated to comply. 111. Additional Coverages All payments made under this section are not subject to the Deductible and are in addition to the Limits of Liability shown in the Declarations. All other Policy Terms and Conditions shall be applicable to these Additional Coverages. A. Free Claim Prevention Assistance If during the Policy Year, you report a Circumstance in accordance with Conditions A., until a Claim related to that Circumstance is made, we will pay all costs or expenses that we incur, or that you incur, with our prior written consent, for purposes of investigating, mitigating or avoiding a Claim. B. Disciplinary, Regulatory or Administrative Expense Reimbursement We shall reimburse you, upon written request, for reasonable legal fees and expenses you incur in responding to any: 1. Disciplinary Proceeding, both commenced against you and reported to us during the Policy Year, by a regulatory or disciplinary official, board or agency, to investigate charges of professional misconduct in the performance of Professional Services, or 2. Regulatory or Administrative Action, including, but not limited to, one concerning the Americans with Disabilities Act of 1990, The Federal Fair Housing Act or the Occupational Safety and Health Act, both commenced against you and reported to us during the Policy Year, provided that the action arises out of a Wrongful Act, in the performance of Professional Services, committed or alleged to have been committed by you on or after the Retroactive Date(s) stated in Item 6 of the Declarations. 3. Regulatory or Administrative actions brought against you by a government agency under the Dodd - Frank Wall Street Reform and Consumer Protection Act of 2010, both commenced against you and reported to us during the Policy Year, provided that the regulatory or administrative actions: a. arise out of the performance of Professional Services, committed or alleged to have been committed by you on or after the Retroactive Date(s) stated in Item 6 of the Declarations, and b. do not arise out of services performed as a Municipal Advisor as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act of 2010. BDP0417001 Page 2 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY The maximum we will pay pursuant to this Additional Coverage provision is $50,000 for allsuch actions commenced against you and reported to us during the Policy Year. We will not pay any other amounts under this provision for such actions, including but not limited to Damages, fines, taxes and penalties. C. Defendants' Reimbursements Upon your written request, we will reimburse you up to $400 a day for all Insureds combined, subject to a maximum of $15,000 per Claim, for your actual loss of earnings for your attendance, at our written request, at a trial, hearing, deposition, Mediation or arbitration involving a Claim. D. Fee Dispute Mitigation Reimbursements If you attempt to recover a Withheld Fee from a client and: 1. as a result of such collection attempts, the client first makes a Claim during the Policy Period against you for an amount greater than the Withheld Fee, and 2. you provide us with written confirmation from your client, acceptable to us, that they will withdraw their Claim against you, in exchange for your not pursuing your Withheld Fee, then we will pay 50% of your Withheld Fee, up to a maximum policy aggregate amount of $25,000. You must provide such written confirmation from your client prior to our payment of your Withheld Fee. E. Peer Review Reimbursement Upon your written request during the Policy Period, we will reimburse half the cost of a peer review, conducted by a qualified national professional society such as the American Institute of Architects, the American Council of Engineering Companies or a pre -approved Provider designated by us, subject to a maximum of $5,000 per Policy Period for all such programs. F. Cyber Security Breach Response Reimbursement Upon your written notification to us during the Policy Period of a Cyber Security Breach, we will engage a qualified firm on your behalf to: 1. investigate the breach; 2. notify any parties affected by the breach; 3. perform credit monitoring service for your clients' individual personal data or your clients' corporate data lost because of the breach; and 4. restore or recreate, if possible, any of your clients lost Content caused by the breach. The maximum we will pay pursuant to this Additional Coverage provision is $50,000 per Policy Period. G. Crisis Management/Public Relations Event Upon your written request, we shall reimburse you for reasonable costs you incur during the Policy Year for consultation with a public relations firm to respond to or avert negative publicity, or a potential threat to your reputation, arising from a Crisis Management/Public Relations event. A Crisis Management/Public Relations event means the death or departure of a Principal Insured, the arrest or threatened arrest of a Principal Insured arising from your Wrongful Acts, a publication or broadcast identifying an Insured and asserting or suggesting criminal conduct of an Insured, or any other event we agree may have a material adverse effect on the reputation of an Insured. The maximum we will pay pursuant to this Additional Coverage provision is $30,000 per Policy Period. IV. Exclusions Applicable to All Insuring Agreements This Policy does not apply to and we shall not be liable for Damages or Claim Expenses resulting from any Claim or Circumstance that is for, based upon or arising out of. A. your dishonest, criminal, malicious or fraudulent act or omission; however, this Exclusion shall not apply to our duty to defend any Claim unless or until a final adjudication adverse to you establishes that you committed such dishonest, criminal, malicious or fraudulent, act or omission. This exclusion shall not apply to any Insured that did not commit, participate in, or have knowledge of any dishonest, fraudulent, criminal or malicious act or omission. B. or brought by or on behalf of or with the assistance of, or actual or potential liability to: 1. any Insured; or 2. any person or entity (or its subrogees or assignees): a. that wholly or partly owns, operates, manages or controls any Insured; b. that any Insured operates, manages, or controls; or c. in which any Insured has an ownership interest of greater than 49%. C. liability assumed under any Contract. This exclusion does not apply to: 1.. any liability that you would have in the absence of that Contract, or 2. your contractually assumed obligation to reimburse any person or entity for their reasonable costs of defense pursuant to an indemnity or hold harmless provision in your Contract for Professional Services, as long as such obligation is limited in the Contract to the portion of such costs equal to the percentage of your liability as ultimately determined after adjudication in a court of competent jurisdiction to be caused by your Wrongful Act or Pollution Incident using principles of comparative fault. This exception to exclusion C shall not apply to any obligation to provide a defense prior to the ultimate determination of fault. BDP0417001 Page 3 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY D. actual construction performed by any Insured, its agent, or subcontractor, including, but not limited to, performing construction, erection, fabrication, installation, assembly, manufacture, demolition, dismantling, drilling, excavation, dredging, remediation, or supplying any materials, parts, or equipment, except for supplying furnishings as a part of interior design services. This exclusion does not apply to drilling, excavation or other sampling or testing procedures necessary to perform your Professional Services. Furthermore, this exclusion does not apply to Insuring Agreement B, Contractor's Pollution Liability. E. your ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment or condemnation of, or Bodily Injury or Property Damage caused by, any real or tangible personal property including without limitation, automobiles, aircraft, Drone, watercraft and other kinds of conveyances. This exclusion does not apply to your Professional Services that incorporate information obtained from the use of a Drone. F. the design or manufacture of any goods or products for multiple sale or mass distribution that are sold or supplied by you or by others under license from you. G. the actual, alleged, or threatened exposure to nuclear source material, nuclear by-product materials, nuclear waste activities, nuclear incident, or extraordinary nuclear occurrence, as defined in the Atomic Energy Act of 1954 or as amended. H. any pension, healthcare, welfare, profit sharing, mutual or investment plans, funds, trusts and other type of employee benefit; any employment obligations, decisions, practices or policies as an employer, including but not limited to, any Claim under workers compensation, unemployment compensation, employee benefits, or disability benefits; or any violation of the Employee Retirement Income Security Act of 1974 or the Patient Protection and Affordable Care Act of 2010 or any amendment to these Acts or any similar local, state, federal or foreign equivalent law or regulation. I. actual or alleged discrimination, humiliation, harassment or misconduct, including but not limited to any conduct based on an individual's race, religion, color, gender, sexual preference or orientation, national origin, age, disability or marital status. This exclusion does not apply to an otherwise covered Claim brought under Title II of the Americans with Disabilities Act or the Fair Housing Act, or any similar state or local law or ordinance. V. Exclusions — Applicable to Insuring Agreements C & D Only In addition to the Exclusions Applicable to All Insuring Agreements (Section IV), Insuring Agreements C and D also do not apply to and we shall not be liable for Damages or Claim Expenses resulting from any Claim or Circumstance that is for, based upon or arising out of: A. Bodily Injury or Property Damage. B. inaccurate, inadequate or incomplete description of the price of goods, products or services; cost guarantees, cost representations or Contract price estimates of probable costs or cost estimates actually or allegedly being exceeded; the failure of goods, products or services to conform with any represented quality or performance contained in any Advertising; or any actual or alleged gambling, contest, lottery, promotional game or other game of chance. C. any actual or alleged obligation to make licensing fee or royalty payments, including but not limited to the amount or timeliness of such payments. D. any costs or expenses incurred or to be incurred for: 1. the reprinting, recall, removal or disposal of any Media Material, including any media or products containing such Media Material; or 2. the withdrawal, recall, inspection, repair, replacement, reproduction, removal or disposal of: a. Information Technology Products, including any products or other property of others that incorporate Information Technology Products; c. work product 'resulting from or incorporating the result of Information Technology Products; or d. any products or other property on which Information Technology Services are performed; provided that this exclusion shall not apply to Claims for the resulting loss of use for the Media Material or Information Technology Products, or loss of use of the work product resulting from such Information Technology Services. E. any spike in, surge of, decrease in, disruption of, fluctuation in or failure of any infrastructure service or utility provided by a third party, including but limited to power, water, gas, communications or connectivity; or fire, flood, earthquake, volcanic eruption, explosion, lightning, wind, hail, tidal wave, landslide, act of God or other physical or force majeure event. F. any actual or alleged antitrust violation, restraint of trade, unfair competition, violation of the Sherman Antitrust Act, the Clayton Act, the Robinson-Patman Act, as amended or any similar law or legislation or any state, province or other jurisdiction, false, deceptive or unfair trade practices, violation of consumer protection laws or false, deceptive or misleading Advertising. G. any action brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission or any similar government entity, in such entity's regulatory or official capacity. H. any actual or alleged infringement or copyright or misappropriations of trade secret arising out of or related to Information Technology Products or Information Technology Services. BDP0417001 Page 4 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY I. the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, or condition of use of any property. J. the delay in delivery or performance, or failure to deliver or perform, at or within an agreed upon period of time. K. invasion of or interference with any right to private occupancy or privacy, including without limitation, trespassing or eavesdropping, arising from the use of a Drone. VI. Definitions A. Advertising means material that promotes your products, services or business. B. Bodily Injury means physical injury, disease, sickness or death of any person, including any mental anguish, mental injury, emotional distress, pain and suffering or shock resulting therefrom. C. Circumstance means an event that reasonably would be expected to result in a Claim being made. D. Claim means any notification received by you demanding compensatory money Damages or compensatory, corrective or remedial services. Two or more Claims for or arising out of the same or related Wrongful Act(s) shall be considered a single Claim for all purposes under this Policy. E. Claim Expenses mean: 1. Reasonable and necessary fees charged by an attorney(s) designated by us, or designated by you with our prior written consent, to defend a Claim; and 2. All other fees, costs and charges, resulting from the investigation, adjustment, defense and appeal of a Claim, if incurred by us, or by you with our prior written consent, including premiums on appeal bonds, provided that we shall not be obligated to apply for or furnish such appeal bonds. Our determination of Claim Expenses shall be conclusive. Claim Expenses do not include your or our salary charges, wages or expenses of partners, principals, officers, directors, members or employees. F. Clean -Up Costs means costs, charges and expenses incurred in the investigation, removal or neutralization of a Pollution Incident, provided that such Pollution Incident arises out of the performance of Professional Services by you or on your behalf. G. Content means data, digital code, images, drawings, scents, sounds, tastes, texts or textures. H. Contract means any agreement, whether express or implied, in fact or in law, written or oral, including without limitation, hold harmless or indemnity clauses, warranties, guarantees, certifications or penalty clauses. I. Contractor Services means drilling, excavation, or other sampling or testing procedures or construction, remediation or operational activities performed by you, your agent, or your subcontractor, necessary to perform your Professional Services. J. Cyber Security Breach means your computer network security activities that result in: 1. the failure to prevent the introduction or transmission of a computer virus or any other malicious code, but only if such computer virus or malicious code affects the data, software, firmware, systems or networks of your clients; 2. the failure to provide your clients with access to your website, or your computer or communications network, when your clients have authorized use of your website, or your computer or communications network; 3. failure to prevent unauthorized access to, or use of, data, software, firmware, systems or networks containing private or confidential information of your client; 4. the destruction, deletion or corruption of your client's electronic data; or 5. failure to prevent the theft, unauthorized or illegal disclosure or loss of your client's information listed below: a. an individual, natural person's private Content, or b. commercial confidential information that resides in or on your hardware devices or data systems. K. Damages means compensatory monetary amounts for a covered Claim that you become legally liable including judgments (inclusive of any pre -or post judgment interest), awards, or settlements agreed with our prior approval. Damages include fines, sanctions, taxes, penalties, punitive. or exemplary damages and the multiple portion of any multiplied damage award unless any are uninsurable pursuant to applicable law. For purposes of Insuring Agreement B, Damages include Emergency Expense and Clean -Up Costs. Damages do not include any return, withdrawal or reduction of professional fees, profits or other charges. L. Drone means an Unmanned Aircraft System as defined by the Federal Aviation Administration. M. Emergency Expense means reasonable and necessary expense, incurred by you, on an emergency basis, within five days of a Pollution Incident, to contain, control, mitigate or rectify such Pollution Incident resulting from your Contractor Services that is an imminent and substantial endangerment to public health, safety or welfare, or the environment, where the absence of such emergency action being undertaken without delay, further harm to third parties or the environment is imminent. N. Information Technology Products means a computer or telecommunication hardware or software product or other electronic product that is created, developed or manufactured by you for others including software updates, service packs and other maintenance releases for such products. 0. Information Technology Services means: BDP0417001 Page 5 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY 1. consulting on, design of, development of, analysis of, integration of,interface of, modification of and programming of software, hardware, networks, telecommunication systems and electronic or digital devices performed by you for your clients; 2. installation of, training in the use of, support of, servicing of, maintenance of, repair of your Information Technology Products; 3. marketing of, selling of, licensing of and distribution of your Information Technology Products; 4. storage of, warehousing of, mining of and processing of data by you for your clients; 5. managing, operating, administering and hosting your Information Technology Products for your clients; or 6. activities performed on your website(s); but shall not mean Information Technology Products. P. Insured means the following: 1. The Named Insured designated in Item 1 of the Declarations, or by Endorsement to this Policy; 2. Any Named Insured with respect to your participation in a legal entity, including a joint venture, but solely for your legal liability for the performance of Professional Services by that legal entity. Insured does not include the legal entity or any other entity that is part of the legal entity; 3. Any person who is, was, or hereafter becomes a partner, principal, officer, director, member, or employee of the Named Insured, but only for Professional Services performed in such capacity on behalf of the Named Insured; 4. A retired partner, principal, officer, director, member or employee of the Named Insured, while acting within the scope of their duties as a consultant for the Named Insured; 5. Any temporary or leased personnel, but only for Professional Services performed while acting under the direct supervision of and on behalf of the Named Insured; 6. Your estate, heirs, executors, administrators, and legal representatives, in the event of your death, disability, incapacity, insolvency, or bankruptcy, but only to the extent you would have otherwise been provided coverage under this Policy; 7. Your lawful spouse or legally recognized domestic partner solely by reason of their legal status, or their ownership interest in property or assets that are sought as recovery. This shall not apply to the extent a Claim alleges any Wrongful Act by such spouse or legally recognized domestic partner; 8. With respect to Insuring Agreement B — Contractor's Pollution Liability, any person or organization that you are required in a written agreement, executed prior to the Claim, to include as an Insured under this Policy but solely to the extent that such person's or organization's liability arises out of your performance of Contractors Services; 9. Your newly formed or acquired entities, other than a partnership, joint venture or limited liability company, in which you maintain majority interest, provided there is no other similar insurance available to that entity; however: a. Coverage is only afforded for ninety (90) days after you form or acquire the entity or the end of the Policy Year, whichever is earlier; and b. Coverage does not apply to Professional Services provided prior to the date the firm was formed or acquired. Q. Knowledge Date means effective date of the first Architects, Engineers & Consultants Policy issued by us to you and continuously renewed and maintained in effect to the inception of this Policy Period. R. Media Activities means Media Communications and/or the gathering, collection or recording of Media Material for inclusion in any Media Communication in the ordinary course of your business. S. Media Communications means the display, broadcast, dissemination, distribution or release of Media Material to the public by you. T. Media Material means information in the form of words, sounds, numbers, images or graphics in electronic, print or broadcast form, including Advertising, but does not mean computer software or Content. U. Mediation means a non-binding process in which a neutral panel or individual assists the parties in reaching their own settlement. V. Policy Period means the period specified in Item 2 of the Declarations or any shorter period that may occur as a result of a cancellation or termination of this Policy. W. Policy Year means each consecutive twelve (12) months beginning on the effective date of the Policy Period shown in the Declarations. However, if a Policy Year within a Policy Period is modified by Endorsement, then any period fewer than twelve (12) months will be deemed a separate Policy Year. X. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants does not mean heat, smoke, vapor, soot or fumes from a hostile fire or explosion. Y. Pollution Incident means the actual or alleged discharge, dispersal, seepage, migration, release or escape of Pollutants into or upon land, the atmosphere or any watercourse or body of water, that results in Bodily Injury or Property Damage. It does not include the transportation, shipment, delivery, storage or disposal of Pollutants, contaminants, waste, products or materials. Z. Principal Insureds means your directors, officers, principals, partners or insurance managers. BDP0417001 Page 6 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY AA. Professional Services means those services that you or others on your behalf perform for others in your practice as an architect, engineer, land surveyor, interior designer, landscape architect, construction manager, scientist, environmentalor technical consultant or as otherwise defined by endorsement to this Policy. Professional Services do not include those services provided in the capacity of a Municipal Advisor, as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act of 2010, including without limitation financial advice specific to the procurement of any financing or monies for payment of any project. BB. Property Damage means physical injury to or destruction of tangible property or loss of use thereof. CC. Withheld Fee means any contractually due fee that your client refuses to pay you for more than 6 months. DD. Wrongful Act means any actual or alleged act, error or omission by you or by any entity or person for whom you are legally liable. Related Wrongful Act(s) are those that arise out of, are based on, logically or causally relate to or are in consequence of the same or related Professional Services or Contractor Services. VII. Conditions A. Reporting of Circumstances That May Give Rise to a Claim If, during the Policy Year, you become aware of a Circumstance, and, during the same Policy Year, provide us with written notice of the Circumstance, containing: 1. When and how you first became aware of the Circumstance; 2. The reasons for anticipating such a Claim; 3. The nature and dates of the alleged Circumstance; 4. Any alleged injuries or Damages sustained; and 5. The names of potential claimants, if available, then any Claim subsequently made shall be deemed to have been made and reported on the date we received the written report of the Circumstance. However, this section shall not apply to Section III. F. Cyber Security Breach Response Reimbursement. B. Reporting a Claim In the event of a Claim, you shall: 1. Promptly report the Claim to us in writing at the address stated in the Declarations; 2. Provide sufficient information to identify the claimant; 3. Immediately forward to us every demand, notice, summons or other process including institution of alternative dispute resolution proceedings received; and 4. Provide reasonably attainable information with respect to the time, place and Circumstances of the Claim and the names and addresses of available witnesses. C. Defense, Cooperation and Settlement 1. We have the right and duty to defend any Claim made against you to which this insurance applies. We will pay Claim Expenses when we have such a duty. When a Claim made against you is a civil proceeding, defense counsel may be designated by us, or, at our option, designated by you with our prior written consent and subject to our guidelines. All Insureds shall cooperate with us or our designee in the defense or investigation of a Circumstance or Claim, including but not limited to assisting us in the conduct of suits or other proceedings, settlement negotiations, and the enforcement of any right of contribution or indemnity against another who may be liable to you. You shall attend hearings, depositions and trials and assist in securing evidence and obtaining the attendance of witnesses. 2. You shall not, except at your own cost, make any payment, admit any liability, settle any Claim, assume any obligation or incur any expense without our prior written consent. 3. You shall obtain our written consent before exercising any right, assuming any obligation, or making any agreement, with respect to any dispute resolution mechanism or process, including but not limited to rejecting or demanding arbitration. 4. We shall not settle any Claim without your written consent. If, however, consent to settlement recommended by us is withheld, and you elect to continue to contest the Claim, then our liability for Damages shall not exceed the amount for which the Claim could have been settled. We shall only be liable for 50% of Claim Expenses in excess of the Deductible incurred after the date the consent was withheld. You shall be liable for the remaining 50% of Claim Expenses in excess of the Deductible incurred after that date. D. When a Claim is First Made A Claim shall be considered to have been first made at the earliest time that you are aware of it. Two or more Claims for or arising out of the same or related Wrongful Act(s) shall be considered first made within the Policy Year in which the earliest of such Claims were first made, or deemed to be made pursuant to CONDITIONS A of this Policy. E. Limits of Liability 1. The Limits of Liability shown in Item 3 of the Declarations and described below, are the most we will pay regardless of the number of Insureds, Claims, individuals or entities making Claims. BDP0417001 Page 7 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY 2. The each Claim limit shown in Item 3A of the Declarations is the most we will pay for the sum of all Damages and Claim Expenses arising out of any single Claim. Two or more Claims considered a single Claim shall collectively be subject to the each Claim limit of liability shown in Item 3A of the Declarations. 3. The each Claim limit is the most we will pay for the sum of all Damages and Claim Expenses arising out of any single Claim regardless of how many Insuring Agreements may apply to such Claim. 4. The Policy Year Aggregate limit shown in Item 313 of the Declarations is the most we will pay for the sum of all Damages and Claim Expenses for all Claims made and reported during each Policy Year. 5. The payment of Damages and Claim Expenses will reduce the each Claim limit. F. Deductible You must pay the Deductible for Claim Expenses and Damages covered by this Policy before we are obligated to make any payment under the each Claim limit. The Deductible must be paid from your own account, and payments by other parties or insurers on your behalf shall not satisfy the Deductible. We have the right to determine the reasonableness of Claim Expenses that qualify to satisfy the Deductible. The Deductible for each Claim is set forth in Item 4A of the Declarations. The Policy Year Aggregate Deductible shown in Item 4B of the Declarations is the most the Named Insured must pay as a Deductible for the sum of all Claims made and reported during each Policy Year. G. Deductible Credits 1. Mediation Credit. Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of $15,000 if you agree with our decision to use Mediation and the Claim is fully and finally resolved by such Mediation. 2. Risk Management Credit: Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of $25,000 if prior to the report date of a Claim, there is a signed, written and enforceable agreement for the Professional Services involved in the Claim, and it includes a clause limiting your liability to $250,000 or less. 3. First Claim Deductible Credit. If the first Claim you ever report to us is made against you: a. Greater than 24 months after the Knowledge Date shown on the Policy Declarations, then your Deductible obligation for that Claim may be reduced by 25%, subject to a maximum reduction of $40,000; or b. Greater than 36 months after the Knowledge Date shown on the Policy Declarations, then your Deductible obligation for that Claim may be reduced by 50%, subject to a maximum reduction of $40,000. If more than one Deductible Credit applies, your Deductible obligation will be reduced by 50%, subject to a maximum reduction of $50,000. H. Notice of Cancellation and Nonrenewal This Policy may be canceled by the Named Insured identified in the Declarations, by surrender of the Policy to us or our authorized representative or by giving us written notice stating when, thereafter, such cancellation shall be effective. We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this insurance or in relation to any Claim, or changes in law affecting this Policy. If we cancel this Policy, we will mail or deliver to the first Named Insured, on behalf of all Insureds, written notice of cancellation. We will provide you at least ten (10) days -notice before the effective date of cancellation if we cancel for nonpayment of premium. If we cancel for any other reason, we will provide at least sixty (60) days -notice before the effective date of cancellation. If this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. We will give you written notice sixty (60) days prior to the expiration of this Policy if we do not intend to renew this insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will be sufficient proof of notice. I. Otherinsurance If there is other collectible insurance, including but not limited to other professional liability insurance or project specific insurance, that applies to a Claim covered by this Policy, the other insurance shall be primary and this Policy shall be excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim. J. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Claim is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you had, prior to a Claim or Circumstance, entered into a written agreement to waive such rights. Any recovery shall first be paid to us up to the extent of any Damages or Claim Expenses paid by us and the balance shall be paid to you. K. First Named Insured as Sole Agent The first Named Insured ,in Item 1 of the Declarations will be the sole agent and will act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, giving or receiving notice of cancellation or nonrenewal, the payment of any Deductibles, and to exercise the rights provided in Section Q Extended Reporting Period Option. L. Alteration and Assignment BDP0417001 Page 8 of 9 Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18026005 BERKLEY INSURANCE COMPANY No change in, modification of, or assignment of interest under this Policy shall be effective except when made by written Endorsement or signed by our authorized representative. M. Change in Controlling Interest If, during the Policy Period: 1. a Named Insured merges into or consolidates with another entity such that the Named Insured is not the surviving entity; 2. another person or entity acquires the Named Insured; 0. another person or entity acquires a controlling interest in the Named Insured; or 1. there is a divestiture or sale of more than fifty percent of a Named Insured's assets and/or liabilities; then the coverage under this Policy will continue for the Named Insured, but only for Wrongful Acts that happen before the date of such event described above. This will apply unless you notify us within thirty (30) days of such event and we issue an endorsement stating otherwise. N. Bankruptcy or Insolvency You or your estate's bankruptcy or insolvency will not relieve us of our obligations under this Policy. 0. Legal Action Against Us No individual or entity has a right under this Policy to join us as a party to any action seeking Damages from you. No action may be brought against us unless you have fully complied with all the terms of this Policy. P. Liberalization If we file with the appropriate regulator, general revisions to the terms and conditions of the Policy form to provide more coverage without an additional premium charge, then your policy will automatically provide this additional coverage as of the date the filed revision is effective in the state shown in the mailing address of the Declarations. Q. Extended Reporting Period At expiration or termination of your policy, you have an automatic one hundred and twenty (120) day period to report all Claims first made against you during the PolicyYear. Policy termination includes cancellation, non -renewal, expiration, or reduction in coverage. You may elect one Optional Extended Reporting Period subject to the following provisions: 1. You must elect an Optional Extended Reporting Period in writing within thirty (30) days of the termination of this Policy and pay the additional premium at that time. Upon electing this option, the premium is fully earned by us and the Optional Extended Reporting Period cannot be cancelled. You are not eligible for this option if you have obtained other insurance to cover the Claims that would otherwise be covered by an Optional Extended Reporting Period. 2. Coverage afforded under an Optional Extended Reporting Period will apply to Claims resulting from a Wrongful Act committed on or after the Retroactive Date stated in the Declarations and before the expiration or termination of the Policy, provided the Claim is made against you and reported to us in writing during the Optional Extended Reporting Period. 3. The aggregate limit applicable to an Optional Extended Reporting Period shall be the remaining aggregate limit of the terminated Policy. 4. The additional premium for an Optional Extended Reporting Period will be 100% of the expiring annual premium for a one (1) year period, 150% of the expiring annual premium for a two (2) year period and 185% of the expiring annual premium for a three (3) year period. 5. An Endorsement will be issued showing the term of the Optional Extended Reporting Period and the amount of premium. In witness whereof, the Insurance Company has caused this Policy to be, executed and attested by signatures of its President and Secretary. An President Secretary BDP0417001 Page 9 of 9 ADDENDUM NO. 1 TO PROFESSIONAL SERVICES AGREEMENT for On -Call Professional Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 N NV5, Inc. 9890 Irvine Center Drive Irvine, CA 92618 (949) 585-0477 This Addendum No. 1, dated July 22, 2019, amends that certain Professional Services Agreement ("Agreement') dated July 22, 2019, between NV5, Inc. ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City and Consultant are parties to the Agreement, pursuant to which City retained Consultant to provide certain professional inspection services to City. B. City and Consultant desire to amend the Agreement pursuant to this Addendum to correct a clerical error in Section 16.0 of the Agreement with regard to the indemnification obligations of Consultant under the Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. ADDENDUM Section 1. Section 16.1 of the Agreement is hereby deleted and the following provision substituted in its place: "16.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. Section 2. Section 16.2 of the Agreement is hereby deleted and the following provision substituted in its place: Page 2 of 4 "16.2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith." Section 3. Except as expressly modified or supplemented by this Addendum No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Addendum No. 1 and the provisions of the Agreement, the provisions of this Addendum No. 1 shall control. Section 4. This Addendum No. 1 shall be effective on July 22, 2019. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Addendum No. 1 as of the date and year first above written. Page 3 of 4 CITY OF SACH By: Alni . Ingram, Ci Attest: By: r . loria D. Haro*, Approved asjq Forrry? 0 Steele, City Attorney CONSULTANT: NV5, Inc., a California corporation By: 04111 -- Name: se .ate rd1 , coo lei. PE (Please note, two signatures required for corporations under Corp. Code § 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) Page 4 of 4 PROFESSIONAL SERVICES AGREEMENT for On -Call Professional Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 NV5, Inc. 9890 Irvine Center Drive Irvine, CA 92618 (949) 585-0477 This Professional Service Agreement ("the Agreement") is made as of July 22, 2019 (the "Effective Date"), by and between NV5, Inc. ("Consultant"), a Corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 1 of 14 RECITALS A. City desires certain professional services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide Professional Engineering services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of14 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on July 22, 2022, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from July 22, 2022 through and including July 22, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from July 22, 2023 through and including July 22, 2024, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $240,000 for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $80,000 for each extension. 3.3. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 3of14 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Peter Salgado is the Consultant's primary representative for purposes of this Agreement. Peter Salgado shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change:. its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 4of14 in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: NV5, Inc. 9890 Irvine Center Drive Irvine, CA 92618 Attn: Peter Salgado 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services 5of14 under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership, in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in Sections 9.0 and 16.0 of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension contributions to PERS on behalf of qualifying employees. In providing its employees and any other personnel to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired 6of14 annuitants and shall not assign or utilize any personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. In the event that Consultant or any of its officers, employees, agents, or subcontractors providing any of the Services under this Agreement, is determined by a final enforceable decision of a court of competent jurisdiction or by PERS to be a common law employee of City, to be eligible for enrollment in PERS as an employee of City, or to be reinstated from PERS retirement as an employee of City, Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its officers, employees, agents or subcontractors, as well as for the payment of penalties and interest on such contributions, and any other any fees, fines, reimbursements, losses, or other monetary damages of any kind whatsoever that is claimed, asserted, or alleged, which would otherwise be the responsibility of City. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in Sections 8.0 and 16.0 of this Agreement. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with 7of14 respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form 8of14 number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 9of14 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant , and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). 16.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and 10 of 14 indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 11 of 14 20.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 12 of 14 exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 13 of 14 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Jiil . Ingram, C Attest: By: - loria D. HarpeV Approved For By: CONSULTANT: NV5, Inc., a California corporstinn UT) By: r Name: ''ii 1-Qro . Its: Steele, City Attorney By: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) 14 of 14 Cover Letter 01 Local Staffing List & Resumes 02 Company Qualifications 19 FIRM BACKGROUND 1.9 QA/QC APPROACH 20 DOCUMENT TRACKING AND FILE SHARING PROCESS 20 PROJECT EXPERIENCE 21 Samples 27 References 29 Exceptions 30 Fee Proposal • 01 �•• IM April 26, 2019 Iris Lee Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 SUBJECT: On -Call Professional Inspection Services Dear Ms. Lee, At NV5, Inc., we understand the various aspects of the capital improvement process, making our team of experts uniquely qualified to perform the services required for successful completion of your projects. We acknowledge that City projects are vital to the community, and we have more than 12 years of experience partnering with many cities and agencies across Southern California to provide Professional Inspection Services. We are excited to have the opportunity to provide On -Call Professional Inspection services to the City of Seal Beach (City). NV5's strengths include the following: Relevant Experience: Our Construction Inspectors have extensive engineering and construction experience and are thoroughly familiar with local, state, and federal procedures. We only staff our projects with senior -level professionals. Our team has a portfolio of successfully completed public works projects throughout Southern California, including several small- and large-scale public works improvement projects. Because of our extensive experience in the area, and specifically in coastal communities such as Long Beach, Huntington Beach, Manhattan Beach, Newport Beach, Rancho Palos Verdes, Costa Mesa, Laguna Niguel, San Clemente, and Santa Monica, there is no learning curve when we work on your projects. Proposed Team: NV5 offers the City a team of Construction Inspection professionals with an unparalleled reputation and proven capability and expertise. We are offering Peter Salgado, PE and Luanne Bean, PE as Project Managers/ Construction Managers, providing oversight for all construction support services. With more than 20 years of experience, Mr. Salgado has managed and delivered a variety of public works projects. In addition, Ms. Bean has more than 30 years of experience in the design and construction management of water and wastewater projects. Accessibility and Responsiveness: Our professionals take pride in providing immediate response and personal attention to our clients' needs. Additionally, each of our Construction Inspectors has been provided with an iPad and will be using our exclusive iPad application to prepare daily reports with photos. These reports are uploaded to our servers at the end of each day and can be made available to the City immediately; granting you convenient, full access to the current status and progress of your projects. Proposal Validity: This proposal shall remain valid for a period of 90 days from the date of this submittal. Statement: This proposal has been signed by Jeffrey M. Cooper, PE, a company officer authorized to bind the firm. NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at jeff.cooper@nv5.com and peter.salgado@nv5.com. Thank you for your time and consideration. Sincerely, NV5 Jefey . Doper, PE Peter I do, PE Diof Infrastructure Director of Construction Management 9890 Irvine Center Drive I Irvine, CA 92618 1 www.nv5.com I Office: 949.585.0477 1 Fax: 949.585.0433 ORGANIZATION CHART Our team of experts bring direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested On -Call Professional Inspection Services. Shown below are team roles and responsibilities. No person designated as key personnel shall be removed, replaced, or reallocated without prior written concurrence of the City. Please find resumes of proposed staff on page 5. Jeffrey M. Cooper, PE* Peter Salgado, PE Luanne Bean, PE Pedram Abbassi, LEED AP BD+C, QSP, CESSWI Eric Charlonne Kalid Dawood, QSP, CESSWI Ray Farnaghi, LEED GA Matt Greer David Ledyard James Remus Craig Wheeler Daniel Warren Mike Helma, LEED AP * Staff Authorized to Negotiate the Contract on Behalf of the Firm KEY STAFF QUALIFICATIONS Our team has the ability to deliver quality products on schedule and within budget. Below, please find a chart including names, roles, education, experience, applicable professional licenses and credentials, and availability of the proposed team. NV5 has a deep bench of professional inspectors available to the City, and we will provide the inspector with the most relevant experience per task order, Project Peter Salgado, PE Manager/ 20 B.S. Civil Engineering 50% Construction Civil Engineer (CA) No. 63159 Manager M.S. Civil Engineering B.S. Civil Engineering Project Civil Engineer (CA) No. 50129 Luanne Bean, PE Manager/ 30 FEMA OPS -1 50% Construction HAZMAT First Responder/Operations Level Manager DOT Offers of Bulk and Non -Bulk HAZMAT Packages Nuclear Waste Safety for Workers B.S. Civil Engineering Pedram Abbassi, LEED Construction LEED AP BD+C AP BD+C, QSP, CESSWI Inspector 17 Qualified SWPPP Practitioner 70% Certified Erosion, Sediment and Storm Water Inspector Contract Administration Eric Charlonne Construction 40 Model-netics Supervisor Program 30% Inspector Construction Estimating and Public Contract Law A.A. Construction Management & GIS Mapping/Survey Safety Trained Supervisor STSC-IEX09112 American Construction Inspection Certifications RCI No. 6044 Kalid Dawood, QSP, Construction 36 NASSCO #U-616-07004649 ° 70% CESSWI Inspector Qualified SWPPP Practitioner Certified Erosion, Sediment, Storm Water Inspector, No. 3315 DYK Tank System Training and Certification Trench & Excavating Competent Person Training and Certificate Ray Farnaghi, LEED GA Construction 17 B.S. Civil Engineering 70°x6 Inspector LEED GA Matt Greer Construction 14 B.S. Civil Engineering 70% Inspector David Ledyard Construction 36 A.A. Engineering 70% Inspector KEY STAFF QUALIFICATIONS - ExperienceEducation, Certifications & Licenses Availability James Remus Construction 19 Cross Connection Control and Backflow 70% Inspector Prevention and Program Specialist B.A. Philosophy Licensed W General Engineering Construction Contractor Craig Wheeler Inspector 30 NASSCO-Certified Inspector (Pipeline, 70% Lateral and Manhole Assessments) Crisis Management Facilities Management Water Distribution Operator Grade III #8020 Water Treatment Operator Grade II #18940 Recycled Site Supervisor Conversion from Daniel Warren Construction 24 Potable to Recycled Water 70% Inspector Competent Person Site Survey for Soil Conditions Trench Shoring Certified Underground Utilities Certified Mike Helma, LEED AP Construction 30 B.S. Civil Engineering 30% Inspector LEED Accredited Professional CONTACT INFO PETER SALGADO, PE peter.saigado@nv5.com Project Manager/Construction Manager 949.585.0477 EXPERIENCE With more than 20 years of experience, Mr. Salgado has managed and delivered a 20 years variety of public works projects including street improvements; vertical construction and tenant improvements; parks and landscaping improvements; and water, sewer, EDUCATION and storm drain improvements. Working with a variety of agencies, he is thoroughly B.S. Civil Engineering familiar with local, state, and federal procedures. LICENSES Civil Engineer (CA) Project Experience No.63159 8th Street and Pier Avenue Improvements CITY OF HERMOSA BEACH I HERMOSA BEACH, CA Construction Manager. Mr. Salgado managed these federally funded (ARRA) projects to improve vehicular travel and general aesthetics. The project included sidewalk/ parkway improvements, ADA curb ramps, street resurfacing, and striping and signage. FY 2008 through 2016 Annual Citywide & Street Improvements CITY OF SANTA MONICA I SANTA MONICA, CA Construction Manager. Mr. Salgado provided construction management, inspection, and public outreach for this annual citywide project. Work consisted of pavement resurfacing of streets and parking lots (including slurry seal and crack seal treatments); full pavement reconstruction; traffic signal modifications; and construction of new sidewalks, driveways and ADA ramps. Key services included all facets of construction management and inspection including: utility and multiple agency coordination; project budget and accounts tracking; engineering plan and specification review; traffic management and control; submittal, schedule, request for information (RFI), progress payment review and processing; field observation; negotiating and processing change orders; document control; and project closeout, which consisted of warranties, guarantees, recommending notices of completion and the release of retention. Total construction cost varied between $1M and $3M. Harbor Boulevard Widening CITY OF COSTA MESA I COSTA MESA, CA Construction Manager. Mr. Salgado managed this project to improve traffic operations along northbound Harbor Boulevard. The project included signal modifications at two intersections to accommodate the widening, construction of a new sidewalk, street light relocations, utility relocations and landscaping improvements on private property. 2nd and 4th Street Pedestrian and Streetscape Improvements CITY OF SANTA MONICA I SANTA MONICA, CA Construction Manager. Mr. Salgado managed this $7M transit mall improvements project in one of Santa Monica's most frequented commercial areas. The project included sidewalk/parkway improvements, ADA curb ramps, decorative paving, street resurfacing, striping and signage, new traffic signal equipment, landscaping and irrigation. Robinson Park Recreation Center CITY OF PASADENA I PASADENA, CA Project Manager. Mr. Salgado is responsible for overseeing the construction V 5 management and inspection services for the renovation of Robinson Park Recreation Center. The $7.2M project consists of the demolition and reconstruction of the Recreation Center's approximately 9,000 -square -foot multipurpose room, administrative offices, kitchen, open court yard, restrooms and conference room, an approximately 4,900 -square -foot addition of fitness and dance rooms, storage and common areas, and an intensive structural upgrade of the Recreation Center's existing 7,300 -square -foot gymnasium. The design is fully accessible and includes energy efficient lighting, technology and security upgrades and new drought tolerant landscaping. University Drive Widening (Campus to MacArthur) CITY OF IRVINE I IRVINE, CA Project Manager. Mr. Salgado is currently overseeing our construction management and inspection team for the University Drive Widening (from Campus Avenue to MacArthur Boulevard) project, which includes parkway improvements, street improvements, storm drain improvements, water improvements, and landscape and irrigation for the adjacent bike trail. Our services include bid management, construction management, daily inspection services, and project close-out. The project consists of traffic control, unclassified excavation, unclassified fill, construction of PCC curb ramps, median curb, curb & gutter, sidewalk, crack sealing, uniform depth cold milling, asphalt base course, asphalt concrete surface course, adjust utility manholes and valves to grade, installation of traffic signs, striping, pavement markings, and raised pavement markers, installation of new traffic signals, traffic signal modifications, SCE coordination and installation of new street light infrastructure, storm drain installation, landscaping, irrigation system, and water quality BMPs. Santa Monica Boulevard Mid -Block Traffic Signal Installation CITY OF WEST HOLLYWOOD I WEST HOLLYWOOD, CA Construction Manager. Mr. Salgado managed the construction management, inspection, labor compliance, and funding oversight services for the installation of a traffic signal on Santa Monica Boulevard. The scope of work for this federally funded project included roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, gutter, cross gutters, and ADA curb ramps; installation of new traffic signals, controllers and flashing beacon; and traffic striping and signage on this busy segment of Santa Monica Boulevard between Orange Grove Avenue and Ogden Drive. Golden Lantern Roadway Widening CITY OF LAGUNA NIGUEL I LAGUNA NIGUEL, CA Construction Manager. Mr. Salgado managed this 1.7 -mile, $5.5M roadway improvements and widening project that required extensive utility coordination for the relocation and adjustment of several facilities, as well as coordination with surrounding schools to alleviate potential traffic impacts. Adventure Playground CITY OF IRVINE I IRVINE, CA Construction Manager. Mr. Salgado managed this $1.51M park project that served to reconstruct and rehabilitate the playground area to provide updated amenities that comply with existing playground safety standards. The scope of work included installation of new play equipment; construction of a new restroom and storage building; construction of concrete walkways, decorative walkways, retaining walls, slides and benches; and landscaping and irrigation. The project also included off-site water, sewer and storm drain improvements. Adventure Playground is located on a 4.5 -acre site within University Community Park at 1 Beach Tree Lane in the City of Irvine. Harbor Boulevard Bike Path CITY OF COSTA MESA I COSTA MESA, CA Project Manager. Mr. Salgado oversaw our construction management and inspection team for upgrades to the existing bike trail along the north side of Harbor Boulevard between Fair Drive and Merrimac Way. The project consisted of pavement rehabilitation, new pedestrian lighting, landscaping and irrigation. Sea Country Senior and Community Center CITY OF LAGUNA NIGUEL I LAGUNA NIGUEL, CA Construction Manager. Mr. Salgado managed the renovation and expansion of the existing Sea County Senior and Community Center. Scope of work included a 10,300 sf new construction, and a 2,000 sf remodel with related foundation, plumbing and utilities improvements, as well as restriping the existing parking lot. CONTACT INFO LUANNE BEAN, PE luanne.beangnv5.com Project Manager/Construction Manager 949.585.0477 LONG BEACH WATER DEPARTMENT I LONG BEACH, CA EXPERIENCE Ms. Bean has more than 30 years of experience in the design and management of 30 years water and wastewater projects. Her technical skills include structural analysis and EDUCATION design, mechanical analysis, instrumentation and control, the preparation of plans, M.S. Civil Engineering specifications, and cost estimates as well as construction management. She has for Workers held various positions with many public agencies including the Long Beach Water B.S. Civil Engineering Department, Victor Valley Wastewater Reclamation Authority, Indio Water Authority, LICENSES Metropolitan Water District, and FEMA. Ms. Bean's technical experience includes large - Civil Engineer (CA) scale public works projects for capital improvement programs including construction No. 50129 oversight, contract administration, document control, cost and schedule control, quality control, structural analysis, and design. REGISTRATIONS FEMA OPS - I Project Experience HAZMAT First Responder/ .............................................................................................................. Operations Level Long Beach Water Department Emergency Project LONG BEACH WATER DEPARTMENT I LONG BEACH, CA DOT Offers of Bulk Construction Manager. Ms. Bean is overseeing the construction management and Non -Bulk HAZMAT and inspection services for the completion of an emergency project for the Long Packages Beach Water Department. The project is to provide LBWD a connection to the Los Nuclear Waste Safety Angeles County Sanitation District's (LACSD) reclaimed water pipeline. While initially for Workers being constructed by a different contractor under the jurisdiction of LACSD, after construction was underway LACSD's Contractor abandoned the project and LBWD agreed to take over the work. Work involves construction of additional 25 -foot deep shoring within 5 feet of the operational LACSD operational plant. Managing high groundwater along with keeping the existing plant operational during construction are just a few of the important construction missions to accomplish. Edgewater Sewer Lift Station Replacement CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. Ms. Bean is overseeing the construction management and inspection services of the replacement of the Edgewater Sewer Lift Station. The project consists of the abandonment and demolition of an existing sewer lift station, and construction and installation of a new 1,000 gpm submersible sewage lift station and force main. The project also includes installation of new gravity sewer, storm drain, water main, and site restoration. Project is complicated with contaminated groundwater and deep excavations requiring special shoring methods to control groundwater and limit settlement due to groundwater pumping. Bankfield Sewage Pump Station CITY OF CULVER CITY I CULVER CITY, CA Construction Manager. Ms. Bean is overseeing the construction management and inspection services for the construction of the Bankfield Sewage Pump Station. The new pump station will receive diverted flows from two existing pump stations once construction is complete, and possibly diverted flows from two more pump stations at a later date. The new pump station will have a 10 -feet -by -20 -feet sewage wet well that is 35 feet deep constructed in groundwater with watertight shoring. There will be two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, and an emergency diesel -fueled back-up electrical generator. There will V 5 also be a 25 -feet -by -20 -feet building to house instrumentation and SCADA systems, a bathroom and electrical components. Arantine Hills Sewer and Water Infrastructure Projects (Lift Station, Force Main, California Avenue Sewer Main, Potable Water Line) CITY 0= CORONA I CORONA, CA Construction Manager. Ms. Bean is overseeing the construction management and inspection services for the $14.7M three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development project. The project involves the construction of a buried cast -in-place sewer lift station with above -grade controls. This is connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack -and -bore sewer construction along arterial streets and Caltrans ROW forming four miles of pipeline. Relocation of 3,300 LF of potable water line was also required to install the new force mains. A third project being managed simultaneously is the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects must be completed together for the final and finished sewer lift station to function. Once completed, the City will decommission its Water Reclamation Facility #3. Coordination with developers was required for the construction of the sewer lift station within their property and Caltrans was required along certain reaches of the pipeline construction for construction within their ROW. Group 5 CIPP Sewer Relining Program LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Construction Manager. Ms. Bean was the Construction Manager for the Long Beach Water Department's Group 5 CIPP sewer relining program. This involved providing construction oversight and observation of LBWD's contractor to install almost 12,000 of 8 -inch, 10 -inch, and 18 -inch cured -in-place sewer cleaning, pre -lining video, lining, and post -lining video. Point repairs and manhole rehabilitations were also undertaken. Once the installation of the CIPP began, Ms. Bean coordinated with the LBWD for shutting off water services for the various residential and businesses along the sewer line routes. Once curing was completed, a post -lining video was run, followed by re -installation of the laterals and top hat installation on select laterals. Ms. Bean was additionally responsible to ensure that the 7 -day, 48-hour, and 24-hour notifications were properly distributed and to address any public concerns. Night work was required at the locations, which impacted the local school, hospital, and areas on major arterial streets where traffic control required taking of multiple lanes for the work. Alley Water Main Conversion, Magnolia and Eucalyptus LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Construction Manager/Inspector. Ms. Bean completed full-service Construction Management and Inspection Services for the Magnolia and Eucalyptus Potable Water Conversion project. The project involved the construction of a new water main in the City streets, and convertingthe residents and business laterals and meters moving them from the alley side to the new street side potable water line. The services included full-time Construction Observation, materials testing, review of Contractor's progress payments, resolution of design issues, shop drawing review, RFI resolution, change order management and resolution, meetings, public notifications and LBWD coordination for shutdowns for this project. The Construction Management team resolved public complaints and problems from the local businesses and residence before they became problems for City Hall and LBWD. Ms. Bean also checked NPDES and BMP measures, traffic control, and safety measured during construction. California Avenue Sewer Main CITY OF CORONA I CORONA, CA Construction Manager. As part of the Arantine Hills Sewer projects, Ms. Bean is overseeing the construction management and inspection services on the California Avenue Sewer Main project, which consisted of nearly 9,000 LF of sewer main up to 24 -feet deep within the congested City streets. After initial potholing, some extensive field rework was required to fit the sewer line into the congested City streets due to unforeseen conflicts not originally shown on the plans. These conflicts were found during potholing and necessitated going back to the Department of Health for encroachment to the City's potable water line with the new sewer construction. NV5 has also provided public outreach and full-time soils compaction testing for the cut and cover conventional trench and bore and jack construction through congested intersections. This project will serve the final completed run connecting the Arantine Hills Lift Station to the Arantine Hills Force Main through this gravity interceptor allowing conveyance of the City's sewer to their downtown treatment plant. Once completed, the City expects to abandon other lift stations and outlying smaller aging wastewater treatment plants. CONTACT INFO PEDRAM ABBASSI, LEED AP BD+C, QSP, CESSWI pedram.abbassi@nv5.com Construction Inspector p 949.585.0477 EXPERIENCE Mr. Abbassi has successfully completed several small and large-scale public works 17 years improvements projects. His skills in the development of project control procedures and EDUCATION methodologies for cost and schedule control have been implemented on several recent B.S. Civil Engineering large-scale projects. Mr. Abbassi has accrued more than 17 years of construction industry experience, demonstrating his expertise in a range of responsibilities. He LICENSES has served as a primary point of contact between design team members, general LEED AP BD+C contractors, and owner representatives. Qualified SWPPP Project Experience Practitioner .... ...... Certified Erosion, -........................................................_...................... .._.....-....._.................. .. Pier G Administration & Operations Buildings Sediment and Storm Water PORT OF LONG BEACH, CA I LONG BEACH, CA Inspector Project Manager. The $45.9M improvements included the phased construction of an approximately 46,000 -square -foot Silver LEED-certified Administration Building, an approximately 30,000 -square -foot Silver LEED-certified Operations Building, an approximately 800 -square -foot driver services building, temporary guard shacks, and associated employee/visitor parking. Harbor Boulevard Beautification CITY OF COSTA MESA I COSTA MESA, CA Construction Inspection. Mr. Abbassi served as construction inspector on this federally funded streetscape improvement project designed to enhance the landscape and overall streetscape of Harbor Boulevard. The work consisted of constructing landscape buffers between the street curb and the sidewalks with drought -tolerant landscaping, state-of-the-art irrigation, and the planting of mature palm trees to create a more comfortable pedestrian atmosphere. Improvements included reconstruction of curb and gutter, sidewalks, driveways and ADA curb ramps; roadway reconstruction and resurfacing; traffic signage and striping; and median and parkway landscaping and irrigation. Work also included installing a monument sign with solar powered lighting. Algonquin Sewer Lift Station CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. Mr. Abbassi was responsible for this $1.3M sewer lift station project that included the abandonment and demolition of an existing sewer lift station, installation of a new sanitary sewer lift station, installation of an 8 -inch sewer force main on Heil Avenue, the installation of a 12 -inch sewer force main on Algonquin Street, asphalt paving and removal, restoration of existing public and private improvements, and all appurtenant work. FY 2012 Water Main Improvements and Pressure -Reducing Station LAGUNA BEACH COUNTY WATER DISTRICT I LAGUNA BEACH, CA Construction Manager. Mr. Abbassi served as construction manager on this project, which replaced 1,200 LF of existing 4 -inch water main with new 6 -inch ductile iron pipe and connections to the existing system. The project also included the installation of V 5 a new 6 -inch underground pressure reducing station with a 3 -inch pressure -reducing bypass. CONTACTINFO eric.charlonne*nv5.com 949.585.0477 EXPERIENCE 40 years EDUCATION Contract Administration Model-netics Supervisor Program Construction Estimating and Public Contract law NVS ERIC CHARLONNE Construction Inspector Mr. Charlonne has more than 40 years of extensive and diverse experience in municipal engineering and construction management of capital improvement design and construction projects including piers, water, streets, storm drains, sewers, parks and buildings. He is thoroughly knowledgeable in public works contract administration, labor compliance and federal funding administration. Project Experience Pier Plaza, South Beach Phase I & II Improvements CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. Mr. Charlonne managed the $22M improvements to the City's pier and six miles of its South Beach waterfront including lifeguard headquarters, junior lifeguard headquarters, beach concessions, parking/lighting improvements and an outdoor amphitheater. From plazas, parking and open space areas to a pedestrian promenade and amphitheater, the project integrated art in the form of tiles, sculpture, murals and design details to reflect Huntington Beach's history and culture. The plazas and amphitheater were designed to accommodate large numbers of pedestrians and beach visitors within the space, while providing barrier -free access from the new parking areas and downtown to the promenade walkway system and the beach area. Hermosa Beach Municipal Pier Phase II Pilings And Deck Repairs CITY OF HERMOSA BEACH I HERMOSA BEACH, CA Mr. Charlonne served on the Hermosa Beach Municipal Pier Phase II project which included pilings and deck repairs. Stanton Central Park CITY OF STANTON I STANTON, CA Project Manager/Construction Inspector. Mr. Charlonne provided comprehensive construction management and project oversight services for the construction of this high-profile Stanton Central Park project. As part of the construction management effort, our team performed a detailed constructability and value engineering review of the project documents. Our team also provided the inspection, quality control, and labor compliance during construction of the park. The $10M, 10.5 acre Stanton Central Park project includes a skate park, basketball courts, tennis courts, a softball field with MUSCO lighting, over 4.5 acres of lawn, and approximately 2 acres of decorative concrete. The parks also included a 2,200 square foot community building, a 2,500 square foot restroom and storage building, three picnic shelters and a bandstand pavilion. In addition, a large splash pad and two playgrounds were included. The Strand CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. Mr. Charlonne provided major development oversight for the Strand at 5th and Pacific Coast Highway, including dining, shopping and the Shorebreak hotel. CONTACT INFO KALID DAWOOD, QSP, CESSWI kalid.dawood@nv5.com Construction Inspector 949.585.0477 Springdale Street Water Main Replacement EXPERIENCE Mr. Dawood has more than 35 years of experience in engineering, construction 36 years management, and inspection. Mr. Dawood has provided inspection services on a wide EDUCATION variety of Public Works Capital Improvement Projects including street, sewer, water A.A. Construction and storm drain improvements. He has also completed a number of dry utility projects, Management & GIS bridges and overpasses, pump stations, and mass grading projects. He possesses Mapping/Survey a thorough knowledge of the Caltrans Standard Plans and Standard Specifications, Sediment and Storm Water Caltrans Construction Manual, Standard Specifications for Public Works Construction, LICENSES OSHA requirements, as well as all standards for traffic control. Mr. Dawood also holds a Safety Trained Supervisor NASSCO certification for CCTV sewer video review and evaluation. STSC-IEX09112 CITY OF TORRANCE I TORRANCE, CA American Construction Project Experience Inspection Certifications ••... -- • - - - - RCI No. 6044 Springdale Street Water Main Replacement NASSCO #U-616- CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA 07004649 Construction Inspector. Mr. Dawood served as construction inspector on this $5.8M street and waterline rehabilitation project. The scope of work included the Qualified SWPPP replacement of existing 36 -inch and 42 -inch welded steel water mains at Springdale Practitioner Street from Warner Avenue to the northern city limits. The project also included trench Certified Erosion, reconstruction, roadway section repairs and resurfacing, traffic signal modifications, Sediment and Storm Water and traffic striping and signage. Inspector, No. 3315 DYK Tank System Training Citywide CDBG Street Improvements and Certification CITY OF TORRANCE I TORRANCE, CA Construction Inspector. Mr. Dawood served as construction inspector for this $5M Trench & Excavating CDBG funded, citywide street improvements project. The scope of work included Competent Person Training roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, and Certificate gutter, cross gutters, and ADA curb ramps; and traffic signage and striping. San Clemente Pedestrian Trail CITY OF SAN CLEMENTE I SAN CLEMENTE, CA Construction Inspector. Mr. Dawood was responsible for overseeing civil and structural work, and also maintaining daily construction reports of people and equipment on the site and hours worked; measuring, calculating and recording all quantities of items removed from or incorporated into the work; taking photos documenting the work; and performing daily observation for compliance with plans and specifications. Edwards Sewer Lift Station No. 24 and Force Main Rehabilitation CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Project Manager. Mr. Dawood served as project manager for this sewer lift station and force main replacement. Improvements consists of abandonment and demolition of an existing sewer pump station and various sections of existing sewer lines, removal of existing electrical panels and conduit, sidewalk, pavement, and surface improvements, installation of new sanitary sewer lines, installation of a new sewer lift station, N V 5 installation of a new dry pit submersible pumps, replacement of a force main, asphalt paving and removal, and restoration of existing public and private improvements. CONTACTINFO RAY FARNAGHI, LEED GA ray.farnaghi@nv5.com 949.585.0477 Construction Inspector EXPERIENCE Mr, Farnaghi has more than 17 years of successful demonstrated experience in 17 years the construction management and inspection of large-scale and complex projects. EDUCATION Mr. Farnaghi's experience includes several large facility and park renovations B.S. Civil Engineering and improvements. He understands the balance between working effectively with architects, engineers, contractors, inspectors, and construction crews. He works LICENSES/CERTIFICATES diligently to ensure that all construction activities have a strategic plan and can offer LEED GA sensible resolutions to avoid delays. Project Experience _............................................................................................................ ........ Annual Paving and Street Improvements FY 20142015 CITY OF SANTA MONICA I SANTA MONICA, CA Construction Inspector. Mr. Farnaghi was responsible for providing inspection services for pavement resurfacing of streets and parking lots (including slurry seal and crack seal treatments); full pavement reconstruction; traffic signal modifications; and construction of new sidewalks, driveways and ADA ramps. Our key services included all facets of construction management and inspection, including: utility and multiple agency coordination; project budget and accounts tracking; engineering plan and specification review; traffic management and control; submittal, schedule, request for information (RFI), progress payment review and processing; field observation; negotiating and processing change orders; document control; and project closeout, which consisted of warranties, guarantees, recommending notices of completion and the release of retention. Commercial/Industrial Stormwater Inspection (2015) CITY OF LAGUNA HILLS I LAGUNA HILLS, CA Construction Inspector. Mr. Farnaghi provided stormwater inspection services for the City of Laguna Hills. Our team has been providing the City with commercial and industrial storm water inspection services for various commercial and industrial facilities throughout the City, including restaurants, automotive facilities, shopping centers, medical buildings, schools, churches, banks, churches, grocery stores, movie theaters and hotels. Thorough BMP inspection reports included date, time, and weather during the inspection; management name and contact information; condition of BMP; action required; and whether a follow-up visit would be necessary. Detailed photos were taken to accompany each report. Our staff also provided business -relevant BMP educational materials to assist with understanding and future compliance. Compton Boulevard/Wilmington Avenue Sewer Replacement CITY OF COMPTON i COMPTON, CA Construction Inspector, Mr. Farnaghi provided construction observation for this project, which consisted of a combined total of 9,200 LF of new construction of 8 inch, 10 inch, 12 inch, 15 inch, 18 inch, and 24 inch VCP sewer mainlines; in-place lining construction of 8 inch, 15 inch and 18 inch existing sewer mainline segments; in-place V-5 reconnection for 28 service laterals; the restoration of the appurtenances (pavement, backfill, restoration, etc.) associated with the sewer main construction; construction of 45 new sewer manholes; and the re -construction of two existing sewer mainline connections to Los Angeles County Sanitation District sewer trunk main. CONTACT INFO matt.greerOnv5.com 949.585.0477 EXPERIENCE 14 years EDUCATION B.S. Civil Engineering LICENSES/CERTIFICATES C2 Workzone Traffic Control Certificate OSHA 10 -Hour Construction Certificate N V 5 MATT GREER Construction Inspector Mr. Greer has 14 years of experience as a qualified Quality Control Inspection and Construction Engineer with experience in the management and inspection of public works projects. His projects have included sewer and water -related facilities, street rehabilitations, sidewalk improvements, slurry seal projects, landscaping and irrigation, storm drains and vertical construction. He has extensive experience dealing with the public, elected officials, contractors, architects, and engineers. He has been responsible for monitoring construction activities, preparing daily construction inspection reports, verifying compliance with plans and specifications, maintaining record drawings, final inspections, and assisting in field start-ups. Project Experience Sewer Force Main and Lift Station Rehabilitation CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Inspector. Mr. Greer served as construction inspector for the replacement of an existing sewer lift station and force main. The project included the construction of a concrete vault to house the new station, pumps, valves, metering equipment, as well as electrical and telemetry systems. The project also included the construction of new sewer and force mains, and manhole structures. The existing lift station had to remain in operation while the new facilities were being constructed. Springdale Street Water Main Rehabilitation CITY OF HUNGTINGTON BEACH I HUNTINGTON BEACH, CA Construction Inspector. Mr. Greer served as construction inspector on this $5.8M street and waterline rehabilitation project. The scope of work included the replacement of existing 36 -inch and 42 -inch welded steel water mains at Springdale Street from Warner Avenue to the northern city limits. The project also included trench reconstruction, roadway section repairs and resurfacing, traffic signal modifications, and traffic striping and signage. Mid -Block Traffic Signal Installation CITY OF WEST HOLLYWOOD I WEST HOLLYWOOD. CA Construction Inspector. Mr. Greer served as construction inspector on this federally funded street and traffic signal improvements project. The scope of work included roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, gutter, cross gutters, and ADA curb ramps; installation of new traffic signals, controllers and flashing beacon; and traffic striping and signage. 190th Street Rehabilitation CITY OF TORRANCE I TORRANCE, CA Construction Inspector. Mr. Greer served as construction inspector on this $1.5M street and traffic signal improvements project. The scope of work included roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, gutter, and ADA curb ramps; installation of traffic signals; and traffic signage and striping. CONTACT INFO DAVID LEDYARD david.ledyard@nv5.com 949.585.0477 Construction Inspector ........................... EXPERIENCE Mr. Ledyard has more than 36 years of engineering and construction inspection 36 years experience. He has served as both a supervisory inspector, overseeing permit EDUCATION inspectors, as well as serving as lead inspector on various capital improvement A.A. Engineering projects including street, sewer, water and storm drain improvements. As construction inspector, Mr. Ledyard's responsibilities include site observation and construction quality assurance and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the city project manager, labor compliance and EEO interviews, providing recommendations and responses for contractor RFI's, assisting with submittal and shop drawing reviews, tracking quantities, and assisting with the progress payment reviews. Project Experience Agate Street and Thalia Street Beach Access Rehabilitation CITY OF LAGUNA BEACH I LAGUNA BEACH, CA Alternate Construction Inspector. Mr. Ledyard's responsibilities included all facets of construction inspection for the rehabilitation of the existing concrete stairs. The project consisted of grading, electrical, irrigation, landscaping, and other associated work. 2018 CDBG Street Improvements CITY OF COMPTON I COMPTON, CA Construction Inspector. Mr. Ledyard is currently providing daily inspection services for the 2018 CDBG Street Improvements. The project includes: Reconstruction of PCC sidewalks, driveways, curb and gutter, and ADA curb ramps; Reconstruction and resurfacing of existing AC pavement; traffic loop replacement; traffic striping and signage; and other minor associated work. Central Avenue Pavement Rehabilitation CITY OF COMPTON I COMPTON, CA Construction Inspector. Mr. Ledyard provided daily inspection services for the Central Avenue Pavement Rehabilitation Project (Phase II). The project includes Cold-In- Place Recycling and Cement Treatment of AC structural section; coldmill and overlay; reconstruction of PCC sidewalks, driveways, curb and gutter, and ADA curb ramps; traffic loop replacement; utility adjustments; and, traffic striping and signage. Alpine Street Lighting Installation CITY OF PASADENA I PASADENA, CA Construction Inspector. Mr. Ledyard served as construction inspector on this lighting installation project. This project included the installation of new post top street light standards and LED fixtures, conduit, foundations, pull boxes and conductors. The project was built in conjunction with a power underground utility project and required new feed points from the new power vaults. Sewer Capacity Upgrades CITY OF PASADENA I PASADENA, CA Construction Inspector. Mr. Ledyard served as construction inspector for the reconstruction of approximately 2,900 linear feet of sanitary sewer. CONTACT INFO JAMES REMUS James. RemusOnv5.com Construction Inspector 949.585.0477 EXPERIENCE Mr. Remus has spent more than 28 years as a construction inspector for a variety 28 years of pipeline and construction projects. He has worked closely with engineering firms, EDUCATION public agencies and specialists in the fields of biology and archeology as related to Office Management respective projects. Mr. Remus is knowledgeable in a variety of construction activities including heavy documentation of design/build structures, testing and trench safety. LICENSES/CERTIFICATES He has spent more than 13 years as a cross -connection specialist with the Walnut Cross Connection Control Valley Water District. and Backflow Prevention and Program Specialist Project Experience C2 Workzone Traffic Control Certificate Staff Augmentation Inspection Services IRVINE RANCH WATER DISTRICT I IRVINE, CA OSHA 10 -Hour Inspector. Mr. Remus is currently providing inspection services for water, wastewater Construction Certificate and sewer projects for the Irvine Ranch Water District. His duties include: confirming that the Contractors are adhering to the Contract Documents, as well as generating daily reports for several ongoing projects. The types of projects he has worked on include: housing tracts, commercial sites, as well as capital and non -capital projects. Sunnyslope Avenue Pipeline, Junkie Tank and Pump Station ELSINORE VALLEY WATER DISTRICT I ELSINORE, CA Construction Manager. Project included the installation of new pump station, discharge 8 -inch potable pipeline through a hilltop residential neighborhood that had limited access and a narrow road, and bolted steel potable water storage tank. 52 -inch, 48 -inch and 42 -inch Domestic Waterline WALNUT VALLEY WATER DISTRICT I WALNUT VALLEY, CA Construction Inspector. Mr. Remus monitored chlorinating and hydrostatic testing of the pipeline and performed pressure test for leakage for all the mainline valves. Involved in a 16.7 million gallon additional storage project. Project included three metering structures, six inline main valves, in which one was located at a flood control channel where a bridge was constructed to support the pipeline crossing. This entailed the construction of three subterranean reinforced concrete reservoirs, three inlet and three outlet valve vaults, one 42 -inch venturi meter vault, and four interconnections to existing 33 -inch pipelines. Bike Lane Installation and Street Improvements ROLLING HILLS ESTATES I ROLLING HILLS, CA Construction Manager. Mr. Remus provided construction management services for bike lane installation and street improvements. Work consisted of street improvements on Palos Verdes Drive North from Crenshaw Boulevard to West City Limits. Storm Drain and Street Improvements on Amar Road CITY OF LA PUENTE, CA I LA PUENTE, CA Construction Manager. Mr. Remus provided construction management services for the Storm Drain and Street Improvements of Amar Road. Improvements consisted of N V 5 complete grind and overlay, striping, RPMs, and signage. EXHIBIT A Consultant's Proposal ^mow � , � 'LL^',.�jw.lr:� F'!:. - � \ .:.Y. � I � �.-� _ "• � _ - w - - - �,,, .lb ��. � _ter• ♦ �%41 i f'' � ;' w ST 4 y4 Y -414 44 . 0 ­' PROPOSAL Submitted by NV5, Inc. 9890 Irvine Center Drive, Irvine, CA 92618 City of Seal Beach On -Call Professional Inspection Services CONTACTINFO CRAIG M. WHEELER craig.wheelerOnv5.com 949.585.0477 Construction Inspector EXPERIENCE Mr. Wheeler has more than 30 years of experience in engineering and construction in 30 years both the public and private sectors. He has provided project management and inspection EDUCATION services on a wide variety of public works projects including street, traffic signal, B.A. Philosophy street lighting, water, sewer, storm drain, and parks and landscaping improvements. As a project manager and construction inspector, Mr. Wheeler's responsibilities LICENSES/CERTIFICATES include site observation and construction quality assurance and control, ensuring Licensed "A" General general site safety, preparing daily reports, photo documentation, monitoring SWPPP Engineering Contractor and BMP implementation, providing daily updates to City project manager, providing NASSCO-Certified recommendations and responses for contractor RFI's, assisting with submittal and shop Inspector (Pipeline, drawing reviews, tracking quantities, and conducting progress payment reviews. Lateral and Manhole Assessments) Project Experience Crisis Management FY 2015-2016 Annual Citywide Sidewalk Repairs Facilities Management CITY OF SANTA MONICA I SANTA MONICA, CA Construction Inspector. Mr. Wheeler served as construction inspector on this $900,000 citywide sidewalk repairs project. The scope of work included reconstruction of sidewalks, driveways, curb, gutter, and ADA curb ramps. Manhattan Beach Waterline and Street Improvements CITY OF MANHATTAN BEACH I MANHATTAN BEACH, CA Construction Inspector. Mr. Wheeler served as construction inspector on the paving portion of this Citywide waterline improvements project. The scope of work included full -width grind and overlay on all of Terrazo Place, Longfellow Drive, Ronda Drive from Kuhn Drive to Altura Way. Harbor Boulevard Median and Landscape Improvements CITY OF COSTA MESA I COSTA MESA, CA Construction Inspector. Mr. Wheeler provided inspection services for the landscape and irrigation improvements on Harbor Boulevard from Merrimac Way to Fair Drive. The project included removal of trees, replacement of curbs, gutters, city sidewalks, commercial driveways, ADA ramps and other related works. Emergency Storm Drain Repair CITY OF TORRANCE I TORRANCE, CA Construction Inspector. Mr. Wheeler provided inspection services for the repair of the storm drain pipeline located at Madison Street and Serra Drive. Excavation and removal of an 18 -inch collapsed reinforced concrete pipe (RCP), including bedding material; sub -grade compaction; new crushed aggregate base; and base course asphalt and finished course asphalt. The project included shoring and traffic control, potholing existing utilities, and AC paved repair area. Mr. Wheeler received and reviewed submittals and requests for information (RFIs). Citywide Sewer Repairs CITY OF WEST HOLLYWOOD I WEST HOLLYWOOD, CA Alternate Construction Inspector. Mr. Wheeler provided construction inspection services for this citywide sewer repair and rehabilitation project. The project included sewer cleaning, pre- and post -construction CCTV video surveys, sewer line point repairs and reconstruction, and sewer line CIPP lining. CONTACT INFO DANIEL WARREN da n i el.wa rren Onv5.com 949.585.0477 Construction Inspector EXPERIENCE Mr. Warren is a water/wastewater inspector with more than 26 years of experience 26 years in public works. Additionally, Mr. Warren was a Grade III Water Distribution Operator, LICENSES and Grade II Water Treatment Operator for the Rowland Water District. He also served Water Distribution as a Construction Inspector for the City of La Habra Heights. Mr. Warren is extremely Operator Grade III #8020 knowledgeable about the need for the Contractor's conformance to the approved plans and specifications, adherence to field quality control, as well as what the various Water Treatment Operator heavy construction industry standards and construction principles are for water and Grade II #18940 wastewater systems. Mr. Warren has a significant knowledge of all aspects of public Recycled Site Supervisor utilities and provides expert quality control for all aspects of potable water, sewer, and Conversion from Potable recycled water works throughout his execution of his duties as an Inspector. to Recycled Water Project Experience Competent Person Site - Survey for Soil Conditions Arantine Hills Sewer and Water Infrastructure Projects Trench Shoring Certified CITY OF CORONA I CORONA, CA Inspector. Mr. Warren provided inspection services for the $14.7M three-phase Underground Utilities Arantine Hills sewer and water improvement projects to provide the necessary Certified infrastructure for the Arantine Hills Development Project. The project involves the construction of a buried cast -in-place sewer lift station with above -grade controls. This is connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack -and -bore sewer construction along arterial streets and Caltrans ROW forming four miles of pipeline. Relocation of 3,300 LF of potable water line was also required to install the new force mains. A third project being managed simultaneously is the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects must be completed together for the final and finished sewer lift station to function. Once completed, the City will decommission its Water Reclamation Facility #3. Coordination with developers was required for the construction of the sewer lift station within their property and Caltrans was required along certain reaches of the pipeline construction for construction within their ROW. Bankfield Sewage Pump Station CITY OF CULVER CITY I CULVER CITY, CA Inspector. Mr. Warren is providing inspection services for the construction of the Bankfield Sewage Pump Station. The new pump station will receive diverted flows from two existing pump stations once construction is complete, and possibly diverted flows from two more pump stations at a later date. The new pump station will have a 10 -feet -by -20 -feet sewage wet well that is 35 feet deep constructed in groundwater with watertight shoring. There will be two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, and an emergency diesel -fueled back-up electrical generator. There will also be a 25 -feet -by -20 -feet buildingto house instrumentation and SCADA systems, a bathroom and electrical components. Doubletree Lane Pipeline Installation ROWLAND WATER DISTRICT I ROWLAND HEIGHTS, CA Inspector. Mr. Warren provided inspection services on this project, which installed 6 -inch D.I.P. distribution main, hydrant laterals, hydrants and services to approximately N V 25 homes. CONTACT INFO mike.helmaOnv5.com 949.585.0477 EXPERIENCE 30 years EDUCATION B.S. Civil Engineering LICENSES LEED Accredited Professional N!V5 MIKE HELMA, LEED AP Construction Inspector Mr. Helma has more than 30 years of experience in construction management and inspection with specific expertise in street improvements, sewer, water and storm drain systems, heavy grading, concrete structures, traffic signals, paving and landscaping. He is a LEED Accredited Professional with expertise in the management of large- and small-scale projects, in addition to complex projects. His experience includes serving as an extension of city staff and public works departments, where all assigned projects are completed in a timely and professional manner. Project Experience Public Works Inspection (Staff Augmentation) CITY OF SAN CLEMENTE I SAN CLEMENTE, CA Public Works Inspector. Mr. Helma inspected various City sidewalks, ramps, driveways, and curb and gutters for damage or tripping hazards as part of the City's yearly sidewalk repair program. He provided a written report for each street address, complete with repair quantities and locations. In a three-month period, Mr. Helma provided more than 1,500 reports. Edgewater Sewer Lift Station Replacement CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Inspector. Mr. Helma is providing construction inspection services on the replacement of the Edgewater Sewer Lift Station. The project consists of the abandonment and demolition of an existing sewer lift station, and construction and installation of a new 1,000 gpm submersible sewage lift station and force main. The project also includes installation of new gravity sewer, storm drain, water main, and site restoration. Project is complicated with contaminated ground water and deep excavations requiring special shoring methods to control groundwater and limit settlement due to groundwater pumping. Citywide Sewer Main Replacement CITY OF TORRANCE I TORRANCE, CA Construction Inspector. Mr. Helma provided construction inspection services for the installation of 12,000 LF of 8 -inch cast in place plastic (CIPP) sewer liner that was installed in the residential streets of Rolling Hills Estates along with the point repair of 25 areas where the 8 -inch sewer had to be replaced prior to lining. The project included the removal and replacement of 90 feet of 8 -inch concrete encased sewer across an arterial highway. Work was completed within the 60 -day schedule. Agate Street and Thalia Street Beach Access Rehabilitation CITY OF LAGUNA BEACH I LAGUNA BEACH, CA Alternate Construction Inspector. Mr. Helma's responsibilities included all facets of construction inspection for the rehabilitation of the existing concrete stairs. The project consisted of grading, electrical, irrigation, landscaping, and other associated work. NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through five business verticals: Construction Quality Assurance, Infrastructure, Energy, Program Management, and Environmental. With offices nationwide and abroad, NV5 helps clients plan, design, build, test, certify, and operate projects that improve the communities where we live and work. As engineers, architects, construction/program managers, and environmental professionals, we play a significant role in shaping our communities through the services we provide. From designing the water systems we rely on; streets and bridges our kids use to get to school; buildings and resorts we enjoy; and the electricity/gas we use to power our homes and businesses, to testing materials used to construct high-rise buildings and responding to environmental disasters, our everyday decisions make lasting impacts. NV5 takes pride in helping our clients develop and deliver cost-effective, sustainable projects that improve lives in our communities. Our combined capabilities bring effective solutions to complex issues. KEY SERVICES The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects. Our key services include: • nn d CIVIL ENGINEERING CONSTRUCTION PLAN CHECK STAFF STRUCTURAL DESIGN MANAGEMENT + AND REVIEW AUGMENTATION ENGINEERING INSPECTION 19 � 111 PROJECT CONSTRUCTABILITY FEDERAL LABOR PUBLIC MANAGEMENT REVIEW FUNDING COMPLIANCE OUTREACH MANAGEMENT We maintain an extensive history of working with various local agencies. Throughout the course of completing a myriad of public works capital improvement projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers and contractors. We have successfully delivered projects in a timely and cost-effective manner, and we have acquired a keen understanding of local agency requirements, a critical element in the facilitation and resolution of project issues. We are excited about the opportunity to continue to serve the City and are committed to maintaining effective working relationships with your staff, relevant government agencies and project stakeholders. With a demonstrated ability to address public concerns, we are experts in a broad range of governmental interface, public outreach and community involvement, and we are genuinely committed to public participation as a way of planning and completing projects. Our team routinely performs these services as part of our delivery of public works projects and regard them as a vital component to project success. FINANCIAL CONDITION NV5 is financially stable with a 70 -year history of providing excellent professional engineering services. With a rapidly growing list of clients, we have experienced steady year -over -year growth, especially over the last several years. We continue to hire and maintain an increasing number of highly qualified professionals in order to meet the diverse needs of our valued clients. NV5's longevity and continued growth is a testament to our financial stability and the strength of our expanding professional capabilities. COMPANY QUALIFICATIONS QUALITY ASSURANCE AND QUALITY CONTROL To ensure compliance with the plans and specifications, we will implement a comprehensive quality assurance and quality control (QA/QC) program involving the following steps: • We will perform a thorough review of the contract documents. This responsibility will include the following tasks: o Checking plans and specifications against requirements that have been associated with issues that occurred on similarjobs. o Comparing existing elevations, grades and details, etc., shown on plans with those at the actual site. o Reporting all errors, omissions and deficiencies, etc., to the City and engineering design team. o Keeping a marked -up set of plans and specifications for quick reference. o Anticipating the Contractor's operations by reviewing the plans and specifications for each one before it begins. • Before start of construction, we will discuss with the Contractor the definable features of work to ensure that documentation is complete, materials are on hand and those who are to perform the work understand the scope in its entirety. • At the onset of the work, we will perform an initial inspection to determine whether the Contractor thoroughly understands and is capable of accomplishing the work as specified. • We will ensure that the Contractor has an established safety program and that regular safety meetings are conducted. We will also ensure that the Contractor meets all OSHA safety requirements. • The construction inspector will perform follow- up inspections on a daily basis for the purpose of ensuring that the controls established during the initial inspection continue to provide work that conforms to the contract requirements and all applicable standards. Unsatisfactory workmanship, materials and construction deficiencies will be documented and reported for future identification and traceability. Notices of non-compliance will be issued to the Contractor and corrective and preventive action will be taken to ensure compliance with the contract documents. • We will conduct a monthly review of the as -built drawings and ensure that all items are considered in the changes of the record drawings, including: o The size, type and location of existing and new utility lines o The layout and schematic drawings of electrical circuits and piping o Verification of alignment and cross sections o Changes in the location of equipment, etc. • Finally, we will review and approve the as -built drawings to complete the project turnover and begin the warranty period. DOCUMENT TRACKING AND FILE SHARING PROCESS IPAD APPLICATION Our proprietary application is a user-friendly, iPad application used by our inspectors to generate reports, including daily inspection photos. Our inspectors have all been issued an iPad device. The application guides our inspectors, step-by-step to complete and fill -out appropriate sections of their daily reports. The application is specially designed to automatically populate weather and site conditions based on the devices GPS location. Drop-down menus for equipment and labor classifications have also been built-in to the application to assist inspectors in completing and fully -accounting for their site observations. There is also a prompt feature that notifies the inspector when any portion of the report is not complete. Daily photos can be taken through the application and will automatically attach to the report. Basic, common information will be carried over from previous days' reports in order to save time filling out a new report each day on a job -site. A supervisor can approve and finalize the report and request corrections. These reports are uploaded to our servers at the end of each day and can be made available to the City immediately, granting you convenient, full access to the current status and progress of your projects. PROJECT EXPERIENCE We have a proven track record of successfully providing on-call professional services to municipalities throughout Southern California. Please find below a list of our current on-call contracts in which similar professional inspection services to those listed in the RFP are currently being provided. City of Manhattan Beach • On -Call Construction Management and Inspection Services City of Newport Beach • On -Call Staff Augmentation for Public Works Department and Utility Permit Inspection Services and Construction Administration City of Norwalk • On -Call Construction Inspection Services City of Pasadena • On -Call Construction Management and Inspection Services City of Placentia • On -Call Contract Administration and Construction Inspection Services City of Pomona • On -Call Civil Engineering Design, Pavement Rehabilitation Design, Project Management and Construction Inspection City of Rancho Palos Verdes • Capital Projects Engineering and Construction Management Oversight Services City of Rancho Santa • On -Call Construction Management and Inspection Services Margarita City of Santa Monica • On -Call Construction Management Services City of West Covina • As -Needed Construction Management, Inspection and Related Services City of West Hollywood • On -Call Construction Management and Inspection Services Irvine Ranch Water District • As -Needed Design and Construction Inspection Services Long Beach Water • On -Call Construction Management and Inspection Services Department City of Aliso Viejo • On -Call Construction Inspection Services City of Azusa • On -Call Professional Engineering Services (Engineering, Project Management, Construction Management and Inspection Services) City of Bellflower • On -Call Construction Management and Inspection Services for Federally Funded Projects City of Brea • On -Call Construction Management and Inspection Services City of Commerce • On -Call Construction Management and Inspection Services City of Costa Mesa • On -Call Project and Construction Management Staff Support Services City of Culver City • On -Call Civil Engineering Design and Construction Management and Inspection Services City of EI Segundo • On -Call inspection Services for Water Pipeline Replacement Projects City of Glendale • On -Call Construction Management and Inspection Services City of Huntington Beach • On -Call Construction Management Services City of Irvine • Project Management and Construction Management and Inspection City of Laguna Beach • On -Call Program/Construction Management and Inspection Services City of Laguna Hills • On -Call Engineering City of Laguna Niguel • On -Call Public Works Inspection Services City of Laguna Woods • On -Call Building Inspection Services City of Manhattan Beach • On -Call Construction Management and Inspection Services City of Newport Beach • On -Call Staff Augmentation for Public Works Department and Utility Permit Inspection Services and Construction Administration City of Norwalk • On -Call Construction Inspection Services City of Pasadena • On -Call Construction Management and Inspection Services City of Placentia • On -Call Contract Administration and Construction Inspection Services City of Pomona • On -Call Civil Engineering Design, Pavement Rehabilitation Design, Project Management and Construction Inspection City of Rancho Palos Verdes • Capital Projects Engineering and Construction Management Oversight Services City of Rancho Santa • On -Call Construction Management and Inspection Services Margarita City of Santa Monica • On -Call Construction Management Services City of West Covina • As -Needed Construction Management, Inspection and Related Services City of West Hollywood • On -Call Construction Management and Inspection Services Irvine Ranch Water District • As -Needed Design and Construction Inspection Services Long Beach Water • On -Call Construction Management and Inspection Services Department ANNUAL PAVING AND STREET IMPROVEMENT PROJECTS CITY OF SANTA MONICA I SANTA MONICA, CA Our team provided construction management, inspection, and public outreach for multiple annual street, sidewalk and curb ramp improvement projects. The work consisted of pavement resurfacing of streets and parking lots (including slurry seal and crack seal treatments); full pavement reconstruction; traffic signal modifications; and construction of new sidewalks, driveways and ADA ramps. DATES: 2008-2014 SANTA MONICA BOULEVARD MID -BLOCK TRAFFIC SIGNAL INSTALLATION AND STREET IMPROVEMENTS CITY OF WEST HOLLYWOOD I WEST HOLLYWOOD. CA As part of our on-call contract, our team provided construction management and inspection services for the installation of a traffic signal on Santa Monica Boulevard. The scope of work included roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, gutter, cross gutters, and ADA curb ramps; installation of new traffic signals, controllers and flashing beacon; and traffic striping and signage on this busy segment of Santa Monica Boulevard between Orange Grove Avenue and Ogden Drive. DATES: SEPTEMBER 2016 -APRIL 2017 HARBOR BOULEVARD WIDENING CITY OF COSTA MESA I COSTA MESA, CA Our team provided construction management and inspection services for this roadway widening project. The project improved traffic operations along northbound Harbor Boulevard, one of the county's most heavily traveled roadways, by widening the roadway to accommodate a fourth northbound through lane. The project also included signal modifications at two intersections to accommodate the widening, construction of a new sidewalk, street light relocations, utility relocations and landscaping improvements on private property. The project was constructed to meet the recommended roadway widths/ geometrics as specified in the Harbor Boulevard Smart Street Study as well as the Orange County Transportation Authority's (OCTA) Master Plan of Arterial Highways (MPAH). DATES: JULY 2015 -SEPTEMBER 2015 UNIVERSITY DRIVE WIDENING CITY OF IRVINE I IRVINE, CA Our team is currently providing construction management and inspection services for the University Drive Widening project, which includes parkway and street improvements, storm drain improvements, water improvements, and landscape and irrigation for the adjacent bike trail. Our services include bid management, construction management, daily inspection services, and project close- out. The project consists of raised pavement markers, installation of new traffic signals, SCE coordination and installation of new street light infrastructure, storm drain installation, and water quality BMPs. DATES: MARCH 2018 -CURRENT BELLFLOWER BOULEVARD PEDESTRIAN ENHANCEMENTS CITY OF BELLFLOWER IJ BELLFLOWER, CA Our team provided construction management, inspection, labor compliance, and funding oversight services for the federally funded roadway and pedestrian/parkway improvements of Bellflower Boulevard. The scope of work included roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, gutter, cross gutters, and ADA curb ramps; installation of traffic signals, controller cabinets, and flashing beacon; landscaping and irrigation; and traffic striping and signage (including decorative crosswalks). DATES: JANUARY 2016 -NOVEMBER 2016 OAK STREET AND MOUNTAIN ROAD BEACH ACCESS REHABILITATION CITY OF LAGUNA BEACH I LAGUNA BEACH, CA Our team provided construction management and inspection services for the rehabilitation of two beach access stairways. The project consisted of replacing the existing concrete stairways, replacing the deck on the Oak Street overlook, landscaping, and other associated work. DATES: DECEMBER 2016 -APRIL 2017 CENTRAL AVENUE PAVEMENT REHABILITATION CITY OF COMPTON I COMPTON, CA Our team provided comprehensive Construction Management and Inspection Services for the Central Avenue Pavement Rehabilitation Project (Phase II). The project includes Cold -In -Place Recycling and Cement Treatment of AC structural section; coldmill and overlay; reconstruction of PCC sidewalks, driveways, curb and gutter, and ADA curb ramps; traffic loop replacement; utility adjustments; and, traffic striping and signage. DATES: APRIL 2018 -OCTOBER 2018 EMERGENCY PROJECT LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Our team is providing construction management and inspection services for the completion of an emergency project for the Long Beach Water Department. The project is to provide LBWD a connection to the Los Angeles County Sanitation District's (LACSD) reclaimed water pipeline. While initially being constructed by a different contractor under the jurisdiction of LACSD, after construction was underway LACSD's Contractor abandoned the project and LBWD agreed to take over the work. Work involves construction of additional 25 -foot deep shoring within 5 feet of the operational LACSD operational plant. Managing high groundwater along with keeping the existing plant operational during construction are just a few of the important construction missions to accomplish. ...................................................................... DATES: DECEMBER 2018 -CURRENT EDGEWATER LIFT STATION CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Our team is currently providing construction management and inspection services for the replacement of the Edgewater Sewer Lift Station. The project consists of the abandonment and demolition of an existing sewer lift station, and construction and installation of a new 1,000 gpm submersible sewer lift station and force main. The project also includes installation of new gravity sewer, storm drain, water main, and curb, gutter, sidewalk, and AC pavement construction. DATES: OCTOBER 2017 -AUGUST 2018 FY 2013-2014 WATERLINE REPLACEMENT PROJECT CITY OF MANAHTTAN BEACH I MANHATTAN BEACH, CA Our team provided construction management and inspection services for the citywide replacement of old and/or undersized water mains and associated valves to reduce the risk of main breaks and enhance fire suppression flows. New 6 -inch ductile iron pipes replaced a total of 10,261 LF of existing water mains. Work also included the installation of five new fire hydrants, reconnection of four existing fire hydrants and the installation of 2 -inch water Blow Off assemblies at four sewer pump stations. The project also included trench restoration, roadway resurfacing and reconstruction, and traffic signage and striping. DATES: SEPTEMBER 2015 -APRIL 2016 CITYWIDE SEWER MAIN IMPROVEMENTS AND REPAIRS CITY OF TORRANCE I TORRANCE, CA Our team provided construction inspection services for this citywide sewer main improvement project. The project included rehabilitating existing sewer system in various locations throughout the City. The scope of work included point repairs, removal and replacement, pipelining sections of sewer where damage was repaired by insertion of a plastic liner, thereby eliminating the need for trench excavation and minimizing public impacts. Where trench excavation was required, damaged sections of pipe were replaced with new vitrified clay pipe (VCP). DATES: MARCH 2015 -JULY 2015 ARANTINE HILLS SEWER AND WATER INFRASTRUCTURE PROJECTS CITY OF CORONA I CORONA, CA Our team is currently providing construction management and inspection services for the $14.7M three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project- A major rerouting of the City's water distribution system for nearly a mile including service connections was part of this project. The project involved the construction of a buried cast -in-place sewer lift station with above -grade controls. This is connected to a second project to construct the sewer force main. DATES: AUGUST 2011 CURRENT ROBINSON PARK RECREATION CENTER RENOVATION CITY OF PASADENA I PASADENA, CA Our team is providing construction management and inspection services for the renovation of Robinson Park Recreation Center. The $7.2M project consists of the demolition and reconstruction of the Recreation Center's approximately 16,000 -square -foot multipurpose room, administrative offices, kitchen, open court yard, restrooms and conference room, an approximately 4,900 -square -foot addition of fitness and dance rooms, storage and common areas, and an intensive structural upgrade of the Recreation Center's existing 7,300 -square -foot gymnasium. The design is fully accessible and includes energy efficient lighting, technology and security upgrades and new drought tolerant landscaping. .................................... ._ ........................... ......................... DATES: MAY 2017 -CURRENT HARBOR BOULEVARD BIKE TRAIL CITY OF COSTA MESA I COSTA MESA, CA Our team provided construction management and inspection services for upgrades to the existing bike trail along the north side of Harbor Boulevard between Fair Drive and Merrimac Way. The project consisted of pavement rehabilitation, new pedestrian lighting, landscaping and irrigation. This bike trail is a vital element for making non -automotive travel safer and enjoyable in the City. The landscaping improvements alongside the Harbor Boulevard Bike Trail provide a safety buffer between the trail and the busy street, and create pleasant conditions for bike riders or pedestrians. It was important that the new trail improvements continue the precedent of other sustainable, attractive quality -of -life improvements in the City. DATES: APRIL 2016 -SEPTEMBER 2016 ADVENTURE PLAYGROUND CITY OF IRVINE I IRVINE, CA Our team provided construction management and inspection services on the $1.5M rehabilitation project to update the playground area and amenities that comply with existing playground safety standards. The scope of work included installation of new play equipment; construction of a new restroom and storage building; construction of concrete walkways, decorative walkways, retaining walls, slides and benches; and landscaping and irrigation. The project also included off-site water, sewer and storm drain improvements. Adventure Playground is located on a 4.5 -acre site within University Community Park at 1 Beach Tree Lane in the City of Irvine. DATES: JANUARY 2014 -FEBRUARY 2016 DAILY INSPECTION REPORT Pnpi.cl rule Bantrrele hh M~ c-"lor Pacf C Heroacn C xp kaapeclpr. Oat Waren peport e. 1 Date Nw 2fy 2018 Day Monday 51rt T.— 600 AM End re &W PM Working status Day Workup Wlathe sunny Temp .00. 75, w.m 0-6 Mh FWrNdrn 0%.ZS% Address: Faer�cale Shwnq Pachc 'tYerwech - a vawW tat efeaea ww1lar, p^'PP^9 fw �n1taW[ion Or 5lswirq anelgteanAn. aseMen Bke vm twel n trr moaluanw. W equp t and maclh~e for nRallaben Of sbereen Corhgxntipn r«,ee ney 11" IM - A Croy of tat mob�klyd rqupnrrnt are macmrayy 1p pbsee �pcatun, semny w fb Mtruct ShonI q conlqurat,on supeetterl0ent 1 10 v.a�no.y �w Pact falOotech Jaime.0-0 Fco— 10 In Pacft Hyd6naech Onar4o Dim Labore 1 10 Pwfk Hybptech Luis Pnkelb tat ab o Tp[ 11,000 Labpre 10 Im oto Pmfic wvd reach Jor an i welaete Foreman t0 Faer�cale Shwnq Blue MOn P.Inwk Andersen POW Drnor 10 Iwel weal llko Ir— GYn I I O t Plal Opeslw 10 Crane Operator Blue ken Troy Cense OPwaf. 10 Fa«I wslerseA� w Bk. ken Tery BWA LabO 1 t0 FaMcata snwvq 8kw kon 0—Aluru IwR aenl Opvalw 1 1p cabrcate srwna ttkt kon Hate bates feet sem Fwklat 10 .-ruler.% Shy w_ 17.000Ib b— C'_ t r0 Bhae lr r L ~ BOO! Tp[ 11,000 Eacaraal0 10 ems, ae MrYrdi JOMOaae mauraA POW Drnor 10 � �PO%_ llko Ir— GYn I I O t Plal B.Chh- to savawi rwaeNin P -ft Hy".n CAT 42OF Pack Hydrotech is reprtnq to remove approx. 47 of char"Mlorg w the west side of property tine (Cal Transl/wortzone w Blue Man can fit egtaprnelt needed to moM sheet pees for Shoring. RR a 001. W 11 reotUaB ferlcing atter every work day for safety and seamy. Nobfied Luanne Bean regarding request. SAMPLES Special Inspection Material( Equipment Delive,y: v,s.tw . Safety! Sne Impact Concerns: Phntns t ly City of Seal Beach I On -Call Professional Inspection Services NV5 28 REFERENCES Provided below are five (5) references of public agency clients for whom similar inspection services have been performed that are comparable in quality and scope to that specified in this RFP. r161 Long Beach Water LONG BEACH WATER DEPARTMENT Abelardo Rendon, PE Manager of Engineering (LBWD) 562.570.2341 abelardo.rendon@lbwater.org LBWD Emergency Project (December 2018 -Current) Our team is providing Construction Management and Inspection Services for the completion of an emergency project for the LBWD. The project is to provide LBWD a connection to the Los Angeles County Sanitation District's (LACSD). Key Personnel Luanne Bean CITY OF NEWPORT BEACH Mike Sinacori Acting City Engineer 949.644.3342 msinacori@newportbeachca.gov On -Call Construction Inspection Services (January 2019 -Current) Our team is currently providing the City with a Construction Inspector to work on an as -needed basis for various City projects as they occur. Key Personnel Jeffrey Cooper, Craig Wheeler, and Mark Puglisi CITY OF LAGUNA BEACH David W. Shissler Director of Water Quality 949.497.3311 dshissler@lagunabeachcity.net On -Call Construction Management and Inspection Services (2017 -Current) Our team is currently providing on-call construction management and inspection services to the City. Key Personnel Peter Salgado, Mike Helma, and Matt Greer CITY OF COMPTON John Strickland Project Manager 310.605.5505 jstrickland@comptoncity.org Central Avenue Pavement Rehabilitation (Phase II) From Compton Boulevard to City Limits (April 2018 -October 2018) Our team provided comprehensive Construction Management and Inspection Services for the Central Avenue Pavement Rehabilitation Project (Phase II). Key Personnel Peter Salgado and David Ledyard CITY OF COSTA MESA Bart Mejia City Engineer 714.754.5378 bart.mejia@costamesaca.gov Harbor Boulevard Bike Trail (April 2016 -September 2016) Our team provided Construction Management and Inspection services for upgrades to the existing bike trail along the north side of Harbor Boulevard between Fair Drive and Merrimac Way. Key Personnel Peter Salgado EXCEPTIONS NV5 does not have any exceptions or deviations to any portion of the City's RFP or the standard Professional Services Agreement provided in the RFP. Fee Schedule Effective January 1, 2019 through December 31, 2022. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. CONSTRUCTION SERVICES Project Manager/Construction Manager Office Engineer Project Controls Engineer Labor Compliance/Documents Control Construction Inspector Surveying (2 -person survey crew) REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation Delivery, Freight, Courier Agency Fees Commercial Travel NNIS HOURLY RATE $150 $120 $120 $90 $138 $250 COST Cost Cost + 15% $.54 per mile Cost Cost Cost EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. B. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity. (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 7/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cav450 B tr &Associates 450 B Street, Suite 1800 San Diego CA 92101 NAME: CONTACT Certificate Department VCONNe Ext): 619-744-0574 ac No : 619-234-8601 E-MAIL ADDRESS: certificates@cavignac.com INSURE S AFFORDING COVERAGE NAIC # INSURER A: Valley Fore Insurance Company 20508 5/1/2020 INSURED NV51NC0-01 NV5, Inc. 9890 Irvine Center Drive INSURER B: Continental CasualtyCo. 20443 INSURER C: Continental Insurance Company 35289 INSURER D : National Fire Ins. Hartford 20478 Irvine, CA 92618 INSURER E: Berkley Insurance Company 32603 INSURER F : MED EXP (Any one person) $15,000 COVERAGES CERTIFICATE NUMBER: 280714563 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL SUER EFF POLICY NUMBER MM/DCDIYYYY MLICY LEXP D/YYYY MID Y LIMITS A X COMMERCIAL GENERAL LIABILITY Y 6057040530 5/1/2019 5/1/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $15,000 X Cross Liab/Sevin X $0 Deductible PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 i PRO - POLICY FX ] ECT U LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Stop Gap Liability $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY Y 6057040575 5/1/2019 5/1/2020 COMBINED SINGLE LIMIT $ Ea accident 1000 000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident)$ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS $ C X UMBRELLA LIAR X OCCUR CUE6076054554 5/1/2019 5/112020 EACH OCCURRENCE $ 20,000,000 AGGREGATE $20,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC6057040558 5/1/2019 5/1/2020 X PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N❑ NIA" IA E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Myandatory In NH) If DESs, describe under CRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 E Professional/ Pollution Liability AEC902912003 5/1/2019 5/1/2020 Each Claim $10,000,000 I Aggregate $20,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: On Call Inspection Services. Additional Insured coverage applies to General Liability and Automobile Liability for City of Seal Beach per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability - Claims made form, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eighth Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CNA CN Ed. 10/1(2) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations AS REQUIRED BY CONTRACT 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Insured Name: NV5 GLOBAL, INC. Copyright CNA AI Rights Reserved. Policy No: 6057040575 Endorsement No: Effective Date: 05/01/2019 cera Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if. - 1. f: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1, the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6057040530 Page 1 of 2 Effective Date: 05/01/2019 Insured Name: NV5 Global, Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to. - 1. o: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy O: 6057040530 Page 2 of 2 Effective Date: 05/01/2019 Insured Name: NV5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6057040530 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information reauired to complete this Schedule. if not shown above. will be shown in the Declarations It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.