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HomeMy WebLinkAboutAGMT - NV5 Inc (Staffing Assistance Services) AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT For Staffing Assistance Services between ..twohis *s ''';moi o'i Qi *77 27 \\ City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 NV5, Inc, 163 Technology Drive, Suite 100 Irvine, CA 92618 (949) 585-0477 This Amendment No. 1, dated June 26. 2023. amends that certain agreement ("Agreement") dated February 13, 2023, by and between the City of Seal Beach ("City"), a California charter city and, NV5, Inc. ("Consultant"), a California corporation, (collectively, "the Parties"). RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides temporary staffing assistance. B. Effective February 13, 2023, City and Consultant entered into Agreement for Consultant to provide temporary staffing assistance services. C. City and Consultant wish to amend the Agreement for Consultant to provide additional temporary staffing assistance services, and to increase Consultant's compensation by $50,000 for those additional services. for a revised total compensation in the not-to-exceed amount of $150,000 as provided herein. AMENDMENT NO. 1 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 1.0 (Scope of Services) of the Agreement, is hereby amended to add subsection 1.1.1 to read as follows: "1.1.1 Consultant shall provide those additional services set forth in the attached Exhibit A-1, which is hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, and this Agreement. as amended by Amendment No. 1, Amendment No. 1 to this Agreement, shall control.' Section 2 Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended to read as follows: "3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibits A and A-1 for Services but in no event will the City pay more than $150,000 for the Term. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibits A and A-1." Section 3 All references to the term "Agreement" throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated February 13, 2023, and this Amendment No. 1, dated June 26, 2023, as if all of those terms are fully set forth therein. Section 4 Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between Exhibit A, Exhibit A-1. the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 5 The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BE A CONSULTANT: NV5, Inc., a California corporation By: ti. 1. IL 1414410. Ji 117 Ingram, City Managers By: Jeffre M. Cooper Attest: la Senior Vice President ,/ By: tatalAw141-112..' dlit Gloria R. Harper, City Clerk By: MaryJo •' Brien Approved as to Form: Corporate Secretary V - / / By: Nicholas R. Ghirelli. City Attorney Sia: BEg4 EXHIBIT A-1 Revised Scope of Services Exhibit A-1 June 2, 2023 N 5 City of Seal Beach Attn:Iris Lee, Director of Public Works 211 Eighth Street Seal Beach, CA 90740 RE:Temporary Development Staff Augmentation Services Amendment Dear Ms. Lee, NV5 is pleased to submit this amendment to provide temporary full-time development staff augmentation services to the City of Seal Beach (City)for approximately two(2)to three(3) months, estimated to end by August 31, 2023,at which time the City should be able to fill the position with in-house staff. Our temporary staff augmentation services are estimated to be provided a minimum of three(3)and up to five (5)days a week, up to eight(8) hours a day.While days may vary depending on the City's needs,the City would like every other Friday to be covered.Services will include assisting with grading, planning, building,and encroachment permits, including interacting with applicants,associated administrative work,and other related duties. We have been providing highly qualified and experienced professionals on staff augmentation contracts for several years. Public agencies have contracted with our firm when it is not cost- effective to fill a full-time position;to relieve peak workload situations;and to fill vacant positions on an interim basis.We select,train, and retain highly qualified employees to supplement contracting cities staffing requirements. Our professional staff has expertise in a wide range of disciplines and extensive experience in many areas, including plan check, project management, construction management, and design engineering. We are committed to providing superior, high-level services to our clients.We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our client's needs. Our professionals are committed to reliable performance, positive attitudes,and a mission focus that is essential to successful outcomes. For the City's consideration,we propose Kaly Morris (resume attached)who will work directly for and be supervised directly by City staff. For the next 14 weeks, it is estimated that NV5 needs an additional $50,000 considering the above, coupled with the remaining funds on our original contract. Our services will be billed on a time and materials basis for this task. Permit Technician $100/hr. On behalf of our team, we thank you for the opportunity to serve as an extension of the City of Seal Beach staff. Should you have any questions or require additional information, please contact me at (858) 531-6666 or jeff.cooper@nv5.com. Sincerely, NV5, Inc. J rey& per,PE enior, Vice President PN: P27023-0003475.00 163 Technology Drive,Suite 100 I Irvine,CA 92618 I www.NV5.com I Office 949.585.0477 ACORO� DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5„1!2024 5/1/2023 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 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). CONT PRODUCER Lockton Companies NAMEACT 3280 Peachtree Road NE,Suite#250 PHONE FAX Atlanta GA 30305 E-MA No.Exn (A/C,No): L (404)460-3600 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC a ) INSURER A:Valley Forge Insurance Company 20508 INSURED NV5,Inc. INSURER B:National Fire Insurance Co of Hartford 20478 1491108 163 Technology Drive INSURERc:The Continental Insurance Company 35289 Suite 100 INSURER D:Transportation Insurance Company 20494 Irvine CA 92618 INSURER E:Navigators Specialty Insurance Company 36056 INSURER F:National Fire and Marine Insurance Co 20079 COVERAGES Irvine CERTIFICATE NUMBER: 17726847 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF -POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 7014856125 5/1/2023 5/1/2024 EACH OCCURRENCE S 1,000,000 GE TO CLAIMS-MADE X OCCUR PREM SES(EaENTED occurrence) $ 1,000,000 X Contractual Liab MED EXP(Any one person) S 15,000 X Cross Liab Incl PERSONAL&ADV INJURY 5 1,000,000 GEN'L AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY n PRO• pi PRODUCTS••COMP/OP AGG S 2,000,000 )ECT LOC OTHER: S B AUTOMOBILE LIABILITY y y 7014842659 5/1/2023 5/1/2024 (Ea a gide t?INGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) S XXXXXXX OWNED - AUTOS ONLY UTOSULED BODILY INJURY(Per accident) S XXXXXXX HIRED X NON-OWNED PROPERTY DAMAGE S XXXXXXXX AUTOS ONLY AUTOS ONLY (Per SXXXXXXX C X UMBRELLA UAB X OCCUR N N 701484(883 5/1/2023 5/1/2024 EACH OCCURRENCE _ 5 10,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTIONS SO s XXXXXXX WORKERS COMPENSATION 15 X PER OTH- AND EMPLOYERS'LIABILITY 7014842824 AOS) 5/1/2023 5/1/2024 _ I STATUTE _. _I ER D ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 7014842810CA) 5/1/2023 5/1/2024 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED, n N/A - - --- ' (Mandatory in NH) E.L.DISEASE•EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 E Excess Liab N N GA23EXRZODWT5IC 5/1/2023 5/1/2024 Ea.Claim/Agg.SlOM/S1OM F Prof/Poll Liab 42-EPP-321328-02 5/1/2023 5/1/2024 Ea.Claim/Agg.$1OM/520M A Bus Per Prop 7014856125 5/1/2023 5/1/2024 Limit 519,301,609 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) City,its elected and appointed officials,officers,employees,agents,designated volunteers and those City agents serving as independent contractors in the role of City officials are included as additional insureds on a Primaryand Non-contributory basis if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy.*SEE PATWO* CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 17726847 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 211-8th Street AUTHORIZED REPRESENT Seal Beach CA 90740 7-1I Od IIP r ®1988-20 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS(Use only if more space is required) A waiver of subrogation applies in favor of City,its elected and appointed officials,officers,employees,agents,designated volunteers and those City agents serving as independent contractors in the role of City officials if required by written contract with respect to General Liability,Automobile Liability,and Workers'Compensation per the terms and conditions of the policy where permitted by state law. ACORD 25(2016/03) Certificate Holder ID: 17726847 ii,AtlaGhmPn • 8 65 Master ID• 1d911IA Certificate ID'1772R847 At 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. 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: 7014856125 Page 1 of 2 Effective Date: 05/01/2023 Insured Name: NV5 Global, Inc Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office.Inc.,with its permission. AttaCtim���i'��MactPx In� 1d911nF�Certificate.in• 1772M17;, 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. 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. UNA/bUI9XX(1U-1b) VOIicy NO: 7014856125 Page 2 of 2 Effective Date: 05/01/2023 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: 17726847 Policy No: 7014856125 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 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: 17726847 cwrA I 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:05/01/2023 Policy No:7014856125,7014842659,7014841883 ©Copyright CNA All Rights Reserved. Attachment Code:D587561 Master ID: 1491108,Certificate ID: 17726847 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 II - 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: 17726847 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: 5/1/2023 Insured Name: NV5, Inc. CNA71526XX(Ed. 10/12) Attac D587560 Master ID: 1491108,Certificate ID: 17726847 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 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. MIME iIITs s_ CNA71527XX(10/12) Policy No: 7014842659 Page 1 of 1 Endorsement No: Effective Date: 05/01/2023 Insured Name:NV5 GLOBAL, INC. Copyright CNA All Rights Reserved. Attachment Code:D587563 Master ID: 1491108,Certificate ID: 17726847 POLICY NUMBER: 7014842659 COMMERCIAL AUTO CA 04 44 03 10 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: 05/01/2023 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. Information required to complete this Schedule. if not shown above, will be shown in the Declarations. 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 Attachment Code:D587582 Master ID: 1491108,Certificate ID: 17726847 CNAPolicy No. 7014842824 Workers' Compensation IAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEM 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. I his endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,) akes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective ate (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:WC 00 03 13(04-1984) Policy : 7014842824 Endorsement Effective Date 05/01/2023 copyrignrrts.3 National council on compensation insurance. Attachment Code: D587581 Master ID: 1491108,Certificate ID: 17726847 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: 5/1/2023 Policy: 7014842824 Attachment Code:D587581 Master ID: 1491108.Certificate ID: 17726847 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:05/01/2023 Policy No. 7014842824 Attachment Code:D587581 Master ID: 1491108.Certificate ID: 17726847 CNA 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: 05/01/2023 Policy No. 7014842824 Attachment Code: D587584 Master ID: 1491108,Certificate ID: 17726847 Policy No. 7014842810 CNA „°ricers Compensation ' BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM 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: G-19160-B(11-19971 Policy No. 7014842810 Endorsement Effective Date: :05/01/2023 t,opyngnt c NA All ttignts neservea. Attachment Code:D587579 Master ID: 1491108.Certificate ID: 17726847 CNA NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS 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:05/01/23 ©CNA All Rights Reserved. Attachment Code:D585737 Master ID: 1491108.Certificate ID: 17726847 Contractor's Equipment Coverage Coverage: Contractor's Equipment Carrier: Continental Insurance Company Effective: 5/1/23-5/1/24 Policy Number: 7014900785 Blanket Policy Limit: $8,024.397 Limit Per Item: $500,000 Blanket Short-Term Equipment Leased, Borrowed,or Rented From Others Limit: $100,000 Per occurrence/item PROFESSIONAL SERVICES AGREEMENT for Staffing Assistance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 NV5, Inc, 163 Technology Drive, Suite 100 Irvine, CA 92618 (949) 585-0477 This Professional Service Agreement ("the Agreement") is made as of February 13, 2023 (the "Effective Date"), by and between NV5, Inc. ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). r RECITALS A. City desires certain professional staff assistance services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide staffing assistance services. C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 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 (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein 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 2 of 19 work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 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 on February 13, 2023, and shall remain in full force and effect until December 31, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement. 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 the Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 (One Hundred Thousand dollars and 00/100) for the Term. 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 three (3) years following the termination of this Agreement. 3of19 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. Jeffrey M. Cooper is the Consultant's primary representative for purposes of this Agreement. Jeffrey M. Cooper 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 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. 163 Technology Drive, Suite 100 Irvine, CA 92168 Attn: Jeffrey M. Cooper 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4of19 certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. 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. Consultant will determine the means, methods, and details by which Consultant's employees and other 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. 9.2. 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 (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) 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 under this Agreement, or (3) 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. 9.3. 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 5of19 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. 9.4. Consultant shall indemnify and hold harmless City and its elected and appointed 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, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, 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 any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA" ),. and the regulations of PERS. 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 annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, 6of19 damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire, and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be 7of19 and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 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. 8of19 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 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 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 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 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 and other applicable state and federal laws. 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. 9of19 17.0 Insurance 17.1.. General Requirements. 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. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 17.2.1. Commercial General Liability Insurance: Consultant, shall maintain limits no less than $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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; , 17.2.4. Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than ANIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 10 of 19 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the 6 services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished 'in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to `City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, 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 elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City,its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City ,if, requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 12 of 19 '17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed 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 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, 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, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, 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). 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. 18.2. Other Indemnities. 18.2.1. 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, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), 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, 13 of 19 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 Liabilities 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 Liabilities 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. 18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 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 indemnify, hold harmless and defend the Indemnitees from and against any and all Claims or Liabilities 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 Liabilities 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. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, 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 its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 14 of 19 determined ,to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited' by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 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. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, 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. 22.0 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. 23.0 Severability 15 of 19 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. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. 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. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 16 of 19 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. 27.3. 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 Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non Appropriation of Funds 17 of 19 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. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information. as .is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this ,Agreement. 33.0 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. 34.0 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. 35.0 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. 18 of 19 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: • Ingram, City Mana r Attest By: Approved as By: Z/-' - A. Steele, City Attorney CONSULTANT: NV5, Inc., a California corporation By: Jeffre M. Co per Seni ,Vice President By: / Y v l/ V%. MaryJo O'B ien Corporate Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 19 of 19 January 19, 2023 City of Seal Beach Attn: Iris Lee, Director of Public Works 211 Eighth Street Seal Beach, CA 90740 RE: Temporary Development Staff Augmentation Services- Nhut f ham, EIV 4 : a Dear Ms. Lee, NV5 is pleased to submit this proposal to provide augmentation services to the City of Seal Beach ( starting January 19, 2023. Services will include a applicants, associated administrative work, and I: other related duties. ir;y fu'[1-t me development staff approxthiately�three (3) to six (6) months, with plan checks, interacting with ig SCE/,SCGrencroachment permits, among We have been providing highly qualified and experienced profess5on-afs on staff augmentation contracts for several years. Public agencies have contra'ctedhnith;our,`firm when it is not cost- effective to fill a full-time position; to relieve peak workload situations; and to fill vacant positions on an interim basis. We select, train, and retain highly qualified employees to supplement contracting cities staffing requirements. Our professional staff has expertise in a wide range of disciplines and extensive experience in many areas, including plan check, project management, construction management, and design engineering. We are committed to providing superior, high-level services to our clients. We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our client's needs. Our professionals are committed to reliable performance, positive attitudes, and a mission focus that is essential to successful outcomes. For the City's consideration, we propose Nhut Pham, EIT (resume attached). Below is our proposed hourly rate, per our On -Call Professional Engineering and Plan Check Services contract, dated July 25, 2022. Our services will be billed on a time and materials basis for this task. Nhut Pham, EIT Project Engineer/Plan Check Engineer I $135/hr. On behalf of our team, we thank you for the opportunity to serve as an extension of the City of Seal Beach staff. Should you have any questions or require additional information, please contact me at (858) 531-6666 orjeff.cooper@nv5.com. Sincerely, NV5, Inc. fenrior y M. Cooper, PE Vice President PN: P27023-0001087.00 163 Technology Drive, Suite 100 1 Irvine, CA 92618 1 www.NV5.com I Office 949.585.0477 j CONTACT INFO NHUT PRAM, EIT a nhut.pham@nv5.com 1 Project Engineer EXPERIENCE.............................................................................................................................................................................. 7 years Mr. Pham has more than 7 years of experience in the plan check, engineering design, and construction management/administration of Public Works projects, including water, ' EDUCATION wastewater, streets and storm drain improvements. He is experienced in preparing I B.S. Civil Engineering plans, specifications and estimates for various CIP projects, preparing exhibits to LICENSES/CERTIFICATES j demonstrate design concepts to clients, and performing technical review for WQMP and Engineer -in -Training (CA) civil engineering plans for residential and commercial developments. He is skilled in ! No.163240 using AutoCAD Civil 3D, Microsoft Office Suite, ArcGIS, MatLab and Bluebeam Revu. Project Experience ................................................................................................................................................................................. Plan Check Services CITIES OF SANTA ANA, FULLERTON AND CHINO I SANTA ANA, FULLERTON, CHINO, CA Project Engineer. Mr. Pham provided plan check services for private developments within the cities' public works departments. He performed technical review for Water Quality Management Plans and civil engineering plans (precise grading, streets, water/ wastewater, and erosion control). These reviews ensured plans followed the Cities' conditions of approval, standard details and other applicable codes. Project Management Services for Various CIP CITY OF EL MONTE I EL MONTE, CA Project Engineer. Mr. Pham is assisting our team with providing Project Management Services to the City on various Capital Improvements Projects. Project include the following: • Active Transportation for EI Monte Station and Downtown EI Monte Project, CIP 890 • Nevada-Bodger Sewer Improvement Project, CIP 005 and CIP 038 • Merced Avenue Traffic Calming Project, CIP 003 • EI Monte Regional Bicycle Commuter Access Improvement Project, CIP 0.16 Crowther Sanitary Sewer Pipeline Replacement i CITY OF PLACENTIA I PLACENTIAAND FULLERTON, CA Office Engineer. Mr. Pham is serving as Office Engineer for this project, which includes replacement of approximately 7,400 LF of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia' and Fullerton. The work°.involves installation of 15 -inch, 18 -inch, and 22 -inch PVC and fused HDPE sewer pipeline and manholes. The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District's trunk line on State College Boulevard. The project — which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way — involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high -traffic areas, as well as a jack -and -bore crossing underneath the Orange County Flood Control District's flood control channel and a jack -and -bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.'s high- pressure gas feeder, are among the project's challenges. NV5 is providing construction N V management, inspection and materials testing services for this project. William Woollett Jr. Aquatics Center CITY OF IRVINE I IRVINE, CA Project Engineer. Mr. Pham is serving as Project Engineer for this pool replastering project (three pools) at the William Woollett Jr. Aquatics Center. The complex is a world-class aquatic facility open year round for regional and national competitive events with two 50 -meter pools and a 25 -yard instruction pool. The City is currently embarking on restoring and resurfacing all three of these pools. These pools appear to be standard gunnite/shotcrete pools with rows of lap tiles on the bottom and border tiles along the rims. The City is currently working with an engineer to develop plans and specifications for the pool resurfacing at this facility. NV5 provided a constructability review of the pending plans and specifications, and will provide construction management and inspection during pool restoration. Heritage Park Community Center Exterior Rehab and Painting CITY OF IRVINE I IRVINE, CA Project Engineer. Mr. Pham is serving as Project Engineer for the exterior rehabilitation and painting of the Heritage Park Community Center, the Metal Maintenance Building, and the Fine Arts Center. Both centers are located within the Heritage Community Park, which offers open space, lake views, playground amenities, and a variety of classes to the community. There is also a metal shed to the east of the Community Center on the opposite side of the parking lot. Cerritos Avenue & South Street Water Main Replacement CITY OF ANAHEIM I ANAHEIM, CA Project Engineer. Mr. Pham provided engineering design services for the installation of new water mains at Cerritos Avenue and South Street. The project included replacing existing 10 -inch Cast Iron Pipe (CIP) and 6 -inch Asbestos -Cement Pipe (ACP) with approximately 2,700 LF of new 12 -inch Ductile Iron Pipe (DIP) from Brookhurst Street to Nutwood Street with four tie-in connections to existing water mains; replacing existing 8 -inch CIP with approximately 350 LF of new 12 -inch DIP from Disneyland Drive to Hazelwood Street with three tie-in connections to existing water mains; installing nine 12 - inch gate valves and four fire hydrant assemblies on the new 12 -inch mains; disconnecting and removing four hydrants on the existing mains; and replacing all existing lateral domestic water services on the existing 8- and 10 -inch CIP and 6 -inch ACP with new services on the 12 -inch DIP. 8 -inch & 12 -inch Water Main and 24 -inch Sewer Transmission Main CITY OF EL MONTE I EL MONTE, CA Project Engineer. Mr. Pham is assisting the Project Manager with engineering and coordination services for the SCRRA Metrolink Commuter Rail Expansion SCORE Phase I project, which will require retrofitting of three independent casings crossing underneath the newly proposed railroad tracks. Sewer Line Crossing at Johnson Avenue and the Railroad CITY OF EL MONTE I EL MONTE, CA Project Engineer. Mr. Pham is providing emergency engineering design services for the Sewer Line Crossing at Johnson Avenue and the Railroad. Due to an additional railroad track proposed by SCRRA, the City must encase an 8 -inch gravity sewer line that runs north from Johnson Avenue underneath the railroad tracks to the alley beyond. A new 12 -inch sewer main will be jack and bored at the southern limit of the railroad right-of-way at Johnson Avenue, underneath the existing and future railroad rails, overtop the slot within the Los Angeles County Flood Control District's existing storm drain, to the alley just north of the existing railroad right-of-way. Services include preparing the plans, specifications and estimate; utility research; preparing plans for temporary water high lining and sewer bypassing to keep the facilities online during construction; land surveying; geotechnical report; and coordination with the railroad. Presidio Valve and Pipeline Replacement SOUTH COAST WATER DISTRICT I SAN CLEMEN.TE, CA Project Engineer. Mr. Pham is providing engineering services for the design of the Presidio Valve and Pipeline Replacement project, which includes replacing existing 18 -inch and 24 -inch butterfly valves with 30 -inch butterfly valves and 24 -inch and 8 -inch gate valves and replacing approximately 765 LF of existing 30 -inch CCP Water Transmission Main with a 12 -inch PVC C900 Water Main. Sewer Main Along Portuguese Bend CITY OF ROLLING HILLS I ROLLING HILLS, CA Project Engineer. Mr. Pham 'is providing engineering design services for the 8 -inch Sewer Main along Portuguese Bend Road/Rolling Hills Road. The City evaluated the feasibility of connecting a portion of the City to a nearby existing wastewater conveyance system. Based on the sewer feasibility study, it was recommended to install a new 8 -inch sewer main along Portuguese Bend Road and upgrade the existing sewer main along Rolling Hills Road to a 10 -inch and 12 -inch sewer main prior to connecting to the Los Angeles County Trunk line. CIP Water Main Projects OCEANO COMMUNITY SERVICE DISTRICT I OCEANO, CA Project Engineer. Mr. Phan! provided plans, specifications and cost estimates for a total of 6,000 LF of water main replacement/construction at various locations. Improvements included construction of new water pipes, fittings and appurtenances. Some of the pipes required jack -and -bore due to railroad crossings and Caltrans Right -of -Way. The projects included coordination with LIPRR, Caltrans and utility companies for project permits and approval. Harbor Boulevard Force Main CITY OF VENTURA I VENTURA, CA Project Engineer. Mr. Pham provided plans, specifications and cost estimates for the construction of 8,000 LF new sewer force main on Harbor Boulevard from Seward Avenue to Figueroa Street. Improvements included construction of two new parallel 20 -inch force mains, installation of air release vaults and reconstruction of concrete street pavement. Havenhurst Drive and Fountain Avenue Traffic Signal CITY OF WEST HOLLYWOOD I WEST HOLLYWOOD, CA Project Engineer. Mr. Pham provided plans and cost estimates for the street rehabilitation of this intersection improvement project. Improvements included new ADA curb ramps, sidewalk, bulb -out (curb extension), and new AC pavement. Concrete Street Pavement Reconstruction CITY OF NEWPORT BEACH I NEWPORT BEACH, CA Project Engineer. Mr. Pham provided plans, specifications and cost estimates for concrete street rehabilitation. Improvements included construction of new concrete pavement and sidewalk and installation of new storm drain pipes and catch basins. Citywide Curb Ramp Program CITY OF LONG BEACH I LONG BEACH, CA Project Engineer. Mr. Pham provided plans for construction of 50 curb ramps in the City. Improvements included new curb ramp construction and reconstruction of asphalt pavement, landscape, signage and striping. Lasselle Street Improvements CITY OF MORENO VALLEY I MORENO VALLEY, CA Design Engineer/CAD Technician. Mr. Pham drafted street improvement plans including new curb ramps, curbs and gutters, cross gutters, and the application of high -friction surface treatment to reduce run -off -the -road collisions for Lasselle Street within the project limits. Modjeska Park Stormwater Improvements CITY OF ANAHEIM I ANAHEIM, CA Design Engineer/CAD Technician. Mr. Pham drafted grading plans for the park's parking lot and the curb ramps in the public right-of-way. The project utilized the footprint of an existing 37,000 -square -foot parking lot to capture and infiltrate approximately 182 acre feet of dry weather urban runoff and first flush stormwater into the City's groundwater each year. This is water that would otherwise flow untreated to the Bolsa Chica Channel and eventually to the Pacific Ocean. The City removed existing asphalt concrete (AC) pavement, installed an underground, pre -cast infiltration/retention facility and larger stormwater pipes, and repaved the lot utilizing pervious surfaces. The proposed system allowed water that flows into the Watershed to instead percolate into the groundwater,, removing pollutants. San Juan Water and Sewer Improvements CITY OF FULLERTON i FULLERTON, CA Design Engineer/CAD Technician. Mr. Pham drafted the street improvement plans (plans and profile) for this project. The scope of work included new full -depth pavement, curb and gutters, curb ramps, and median repairs. The project's scope included removing existing and installing new sewer and water and constructing new street pavement and other related work. Horizon Drive Sewer SANTA YNEZ COMMUNITY SERVICES DISTRICT I SANTA YNEZ, CA Project Engineer. Mr. Pham provided plans and cost estimates for the construction of 2,000 LF of gravity sewer. Improvements included construction of new 8 -inch sewer main, laterals, asphalt pavement reconstruction, private driveways and landscape re -installation. Rural Ridge Circle and Wilshire Avenue Water Main Replacement CITY OF ANAHEIM i ANAHEIM, CA Assistant Construction Manager. Mr. Pham is assisting the Construction Manager during the construction of this water main replacement project. The work to be undertaken consists of two water main improvement areas: the Rural Ridge area and Wilshire -Pearl area. The Rural Ridge improvement area includes installation of a 12 -inch PVC pipe (1,560 LF) on Rural Ridge Drive/E. Rural Ridge Circle from Nohl Ranch Road to Westridge Pump Station, an 8 -inch PVC pipe (1,820 LF) on E. Rural Ridge from S. Rural Ridge Drive to E. Willowick Drive, an 8 -inch PVC pipe (480 LF) on Santiago Way from E. Rural Ridge Drive to the end of the cul-de-sac, and a 6 -inch PVC pipe (370 LF) on Silverado Way to the end of the cul- de-sac. The Wilshire -Pearl improvement area includes installation of 12 -inch Ductile -Iron pipe (1,915 LF) on N. Wilshire Avenue from N. Loara Street to N Pearl Street, and 8 -inch Ductile -Iron pipe (825 LF) on Pearl Street from N. Wilshire Avenue to N. Dwyer Place. Shady Lane, Olive Street and Country Hill Road Water Main Replacement CITY OF ANAHEIM i ANAHEIM, CA Assistant Construction Manager. Mr. Pham is assisting the Construction Manager during the construction of this water main replacement project. This project consists of three independent areas of Water.Main Replacement within the sensitive residential areas of Country Hill Road, Olive Street, and Shady Lane. There will be approximately 3,960 LF of 12 -inch, 10 -inch, 8 -inch and 6 -inch C909 PVC and DIP waterline, line -stops, and new services to be installed. This will additionally involve the standard water main replacements including: shutdowns; dewatering; excavation; placement of the water mains, valves, and appurtenances; disinfection; and pressure testing — followed by final street restoration under the direction of APU with NV5's assistance for Construction Management and Resident Engineering Services. La Palma Avenue and Tustin Avenue Water Main Replacement at OCTA Railway Crossing CITY OF ANAHEIM I ANAHEIM, CA Assistant Construction Manager. Mr. Pham is assisting the Construction Manager during the construction of the City's La Palma Avenue and Tustin Avenue Water Main Replacement at OCTA Railway Crossing project. Metrolink with the Orange County Transportation Authority is expanding the Anaheim Canyon Metrolink Station, which includes the addition of a train track crossing at both La Palma Avenue and Tustin Avenue. The water main replacement project involves bore and jack installation of two new water mains underneath the OCTA railroad track in La Palma Avenue and Tustin Avenue, followed by the abandonment of the existing water mains that will now be too shallow and are not adequately reinforced to carry the load underneath the proposed train track. The project includes close coordination with the City, OCTA, Metrolink, Southern California Regional Rail Authority (SCRRA), among other agencies. EXHIBIT A Consultant's Scope of Services 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. 8. 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. ACOREP CERTIFICATE OF LIABILITY INSURANCE 5/1/2023 J DATE(MMIDDIYYYY) 7/22/2022 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 WANED, 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 CONTACT 3280 Peachtree Road NE, Suite 4250 Atlanta GA 30305 (404)460-3600 PHONE FAX ac No E-MAIL A13DRESS: INSURERS AFFORDING COVERAGE MAIC$ Y I INSURERA:The Continental Insurance Company 35289 7014856125 I INSURED NVS Inc. 1491108 163 Technology Drive rNsuRERB:National Fire Insurance Co of Hartford 20478 INSURER c: Transportation Insurance Company 20494 WSURERD .National Fire and Marine Insurance Cc 20079 Suite 100 Irvine CA 92618 INSURERE: INSURER F' GENERAL AGGREGATE s 2.000,000 UUVr-KAGtS .Irvine GtKFI1-IGATE NUM6EK: 1 X7-44(173 REVISION NHMRER- YYYYYYY 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. ILTR TYPEOFINSURANCE ADDLSUSR I INSD I vuvo POLICY NUMBER POLICY EFF D POLICY EXP MNW O LIMIT'S A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—x1 OCCUR X Contractual Liab Y I Y I 7014856125 I 5/1/2022 I 5/1/2023 EACH OCCURRENCE S 11000,000 DAMAGE TO RENTE — PREMISES Ea occurrence S 1,000,000 MED EXP (Anyone person) s 15,000 X Cross Liab Incl PERSONAL&ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMITAPPLIESPER X POLICY a PR LOC X oTHER: Deductible: None GENERAL AGGREGATE s 2.000,000 PRODUCTS -COMPIOPAGG S 2 OOO OOO S B AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I y y 7014842659 5/1/2022 5/1/2023 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY (Per person) S XX) XXXX BODILY INJURY (Par accident) S )CK3CX X PROPERTY DAMAGE eraccldent S XXXXXXX S xx-3cK C A X UMBRELLALIABX EXCESS UAB OCCUR CLAIMS -MADE N N 701414I111 5/12022 5/1/2023 EACH OCCURRENCE s 20,000,000 AGGREGATE s 20,000,000 DED I X I RETENTIONS $0 S XXXXXXX C WORKERS COMPENSATIONPER AND EMPLOYERS' LIASILTTY YIN OCER/IMEMBER.EXXC UDEDTECUTNE N (Mandatory In NH) if yyees, describe under DESCRIPTIONOFOPERATIONS below NIA Y 7014842824(AOS) 7014842810 CA ) 5/12022 5/M2022 5/12023 5/12023 OTH- X I STATUTE I ER E,LEACHACCIDENT 5 1,000,000 S.L. DISEASE -EA EMPLOYEE S 1,000,000 E.LDISEASE-POLICY LIMIT S 1,000,000 D A A Prof/PollLiab Bus Per Prop Leased/Rented Equip N I NJ 42-EPP-321328-01 7014856125 7014900785 5112022 5112022 5/12022 5/12023 5112023 5/12023 Ea. Claim(Agg. $MOM/$20M Limit $18,016,286 Litnit $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IFmore space is required) 'SEE PAGE TWO* rt=aTl=Ii'ATF fin) n1:12 CANCELLATInN Cee Attachments 18734073 City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 -8th Street Seal Beach C 90740 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENT F I � ' U 1909-2U%b AGURU CURPUKA I IUN. All ngnt5 reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD rrnNTiml ILTInN nr9rRIPTION OF OPERATIONSILOCATIONS1VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only If more space is required) City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials 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 waiver of subrogation applies in favor of City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials if required by written contract with respect to General Liability, Automobile Liability, and Workers' Compensation per the terms and conditions of the policy where permitted by state law. A 30 -day notice of cancellation is included if required by written contract per the terms and conditions of the policy. ACORD 25 (2096103) Certificate Holder ID: 18734073 Blanket Additional Insured - Owners, Lessees Contractors - with Products-Comolel 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 pari: by your acts or omissions, or the acts or omissions of those acting on your behalf: c 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. 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 UNAfbUf9XX (10-16) Policy O: 7014856125 Page 1 of 2 Effective Date: 05/01/2022 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. 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. Page 2 of 2 Effective Date: 05/01/2022 Insured Name: Nv5 Global, Inc. Copyright CNA Ali Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D587566 Master ID: 1491108, Certificate ID: 18734073 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: 18734073 GX� 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. his endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, ikes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective ate (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2022 Policy No: 7014856125, 7014842659,7014841883 C Copyright CNA All Rights Reserved. Attachment Code: D587561 Master ID: 1491108, Certificate ID: 18734073 CNA CNA71526XX (Ed. 10112) 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. I. Who is An Insured of Section 11- 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: 18734073 4. Only for the purpose of the Insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition: "Written contracin 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: 5/1/2022 Insured Name: NV5, Inc. CNA71526XX (Ed. 10M2) AttacicM. D587560 Master ID: 1491108, Certificate ID: 18734073 CNA71527XX (Ed. 10112) 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 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section 11- 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. 0 CNA71527XX (10112) Policy No: 7014842659 Page 1 of 1 Endorsement No: Effective Date: 05/01/2022 Insured Name: NV5 GLOBAL, INC. Copyright CNA All Rights Reserved. Attachment Code: D587563 Master ID: 1491108, Certificate ID: 18734073 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: 05/01/2022 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. Information required to comolete this Schedule, if not shown above, will be shown in the Declarations. 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 0310 © Insurance Services Office, Inc., 2009 Page 1 of 1 0 Attachment Code: D587582 Master ID: 1491108, Certificate ID: 18734073 FA 2ER I Policy No. 7014842824 Workers' Compensation 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 3n 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. Lkesendorsement, which forms a part of and is for attachment to the policy Issued by the designated Insurers, effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective (the Endorsement Effective Date) Is shown below, and expires concurrently with said policy unless another expiration date Is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date 05/02/2022 Policy: 7014842824 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18734073 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. k Form No: WC00 03 13 (04-1984) Endorsement Effective Date: 5/1/2022 Policy: 7014842824 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18734073 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. I 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. [ j Specific Waiver N 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:05101/2022 Policy No. 7014842824 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18734073 CNA 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: 05/01/2022 Policy No. 70/4842824 Attachment Code: D587584 Master ID: 1491108, Certificate ID: 18734073 CNA Policy No. 7014842810 Workers_Coznpensafi 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 4-q b- gation 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: G -19160-B (11-1997) Policy No. 7014842810 Endorsement Effective Date: 505/01/2022 Attachment Code: D587579 Master ID: 1491108, Certificate ID: 18734073 Q3T110E • 0—C: SW ACTIO 9010 CE TIS C TE�IOLDERS 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: 7014842910 Endorsement Effective Date: 05/01/22 © CNA All Rights Reserved. Attachment Code: D585737 Master ID: 1491108, Certificate ID: 18734073 Contractor's Equipment Coverage Coverage: Contractor's Equipment Carrier: Continental Insurance Company Effective: 5/1/22-5/1/23 Policy Number: 7014900785 Blanket Policy limit: $5,511,318 Limit Per Item: $500,000 Blanket Short -Term Equipment Leased, Borrowed, or Rented From Others Limit: $500,000 Per occurrence/item