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HomeMy Public PortalAboutC-21-074 - NICHOLS CONSULTING ENGINEERS8 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND NICHOLS CONSULTING ENGINEERS, CHTD THIS AGREEMENT FO CONTRACT SERVICES (herein "Agreement") is made and entered into this L' day of tJQnf j 2021 by and between the CITY OF CARSON, a California municipal corporation ("City") and NICHOLS CONSULTING ENGINEERS, CHTD, a Nevada corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Parry" and hereinafter collectively referred to as the "Parties." NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Four Thousand Nine Hundred Ninety Nine Dollars ($24,999.00) ("Contract Sum"). 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall 01007.0006/695933.4 1 detail charges for all necessary and actual expenses by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant -which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall 01007.0006/695933.4 -2- ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D" ). 4. COORDINATION OF WORK 4.1 Representative of Consultant. Lisa Senn, Senior Project Manager is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. Gilbert Marquez, City Engineer, or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: 01007.0006/695933.4 -3- (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars, and any other automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B". (f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended 01007.0006/695933.4 4- or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. 01007.0006/695933.4 -5- 6.3 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena. (c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify the City should Consultant 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. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 01007.0006/695933.4 -6- 7.2 Disputes, Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. 7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for 01007.0006/695933.4 -7- completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 8. MISCELLANEOUS 8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 8.2 Non -liability of City Officers and Employ. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either parry desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either parry of the basic benefit of their bargain or renders this Agreement meaningless. 8.6 Waiver. No delay or omission in the exercise of any right or remedy by non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other parry's consent to or approval of any subsequent act. Any waiver by either parry of any default must be in 01007.0006/695933.4 -8- writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.7 Attorneys' Fees. If either parry to this Agreement is required to initiate or defend or made a parry to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.10 Warrqaty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials i 8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. 01007.0006/695933.4 -9- [Signatures on the following page.] 01007.0006/695933.4 -10- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. 50M c9�r ATTEST: * �� UNttM� Gause-Aldana, City APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [BRJ] CITY: CITY Sharon Landers, City I CONSULTANT: iciea'l 120rporation NICHOLS CONSULTING ENGINEERS, CHID, a Nevada corporation By: - A �14� �_ � � - Name: %`/rrf2 GOT yam' Title: eers l t)"r By: Name: Title: Qr� 1c �ph1 a Cos p��1 e SeL�� Address: 1885 S. ARLINGTON AVE., #I I IRENO, NV 89509 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01007.0006/695933.4 -11- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF O WA -0 4 COUNTY OF W A -S iso i�_ OnAwl L. i 2021 before me, _ ��"personally appeared /N,,,tG, s 7A^0 , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct............................................................................ STARLENE RECaALADO WITNESS my hand and official se lit- Notary Public - State of Nevada ? .f' Appohment Recorded in Wafte County ------------ No: 99-60817-2 - Expires Dec. 18, 2022''=_ Signa.......................................................................................... OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. d X CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.0006/695933.4 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OFA On 12. WILL 2021 before me,%rsonally appearedG'F'A�, proved to me on the basis of satisfactory evidence to be the persoRc) whose names(sftare subscribed to the within instrument and acknowledged to me that Q'j44@4kQr executed the same in 0+erMteir authorized capacity4w), and that by i erLlkeir signaturo(4) on the instrument the person4or the entity upon behalf of which the persox(3) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - AN — ISAIN. 9ROwN 111 COMWI S 1hand offi ' rc yr Nootaary Public? Cali anis c Sacramento County Comm. Expires .3,20241. 024+ Signa My OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATk OFFICER TITL4) ) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.0006/695933.4 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES Consultant will perform the following Services: A. General: Update the City's Pavement Management Program (PMP). The update will be completed using the StreetSaver® software, as detailed below. The StreetSaver® software ("Software") is offered by the Metropolitan Transportation Commission (MTC). MTC only issues licenses for use of the Software in one-year increments. City and Consultant will each have their own license to access the Software. The cost of a one- year Software license for City is included within the project costs set forth in Exhibit "C," Schedule of Compensation. Consultant maintains a Software license at its own expense. The Software contains the PMP data (also referred to as "Pavement Management Study" ["PMS"] data) from the City's streets. Pursuant to the Software licenses, the City and Consultant will each have access to the Software (and the City streets PMP/PMS database contained therein) for the term of the licenses, which shall include the term of this Agreement. Subject to compliance with the terms of the applicable Software license agreement(s), the City agrees to allow Consultant to access the City street condition information/PMP/PMS data contained in the Software as necessary to update same pursuant to this Agreement. Consultant's scope of work includes data collection on the City's arterial and collector network, performing budget analyses, and preparing budget scenarios and reports. The major streets by functional classification are listed below: Arterials (47 miles or 353 sections) Urban minor arterials (19.2 miles or 159 sections) Collectors (28.8 miles or 216 sections) B. Task A — Condition Inspections and Pavement Condition Index (PCI) Calculations Consultant will provide information and an agenda for a virtual kickoff meeting. During this meeting, Consultant will outline the project, discuss specific progress points, and provide the City with a list of informational items needed. Consultant will perform pavement condition inspections on the City's pavement network. A total of 117 miles of arterial and collector streets will be inspected (approximately 700 sample units). The condition inspections will be performed in accordance with the established standards identified as ASTM D6433-18. A minimum of one sample unit per section will be inspected. Approximately one sample unit will be inspected for each 1,000 lineal feet of roadway. Inspections will be performed using a "windshield" method of distress collection, whereby a technician drives a vehicle and scans, locates, and notes the various 01007.0006/695933.4 A-1 distresses; the technician pulls over and writes down or enters into a table the distresses, including the severity and quantity of each. Any variation from the established procedures will be to accommodate unique local conditions, e.g., chip seals over Portland cement concrete pavements, bleeding, edge cracking, etc. These conditions typically exhibit unique distresses that may not be reflected in any distress manual, so special exceptions will need to be made. Any areas which are not typical of the entire section will be inspected and recorded as a special sample unit. Consultant's scope of work and condition inspections do not address issues such as traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short-term maintenance that should be performed (i.e., potholes that should be repaired). Consultant will be responsible for providing the equipment necessary for performance of this task. Date Entry and Quality Control Checks Consultant will enter the inspection data into the Software database in accordance with Consultant's Quality Control plan, which outlines exactly how the distresses are collected and how the PCI's are calculated. The data will receive random quality control checks to ensure that it is accurate. Consultant will then perform the PCI calculations using the Software, and correct any errors found. Quality Control (QC) checks are critical on a project such as this when such a large amount of data needs to be collected and processed. As part of Consultant's goal to provide a superior quality product for its clients, Consultant incorporates a QC component into all its projects. For this project, Consultant will provide a QC Manager who will have the following project responsibilities: • Calibration of data collection activities; • Review of field activities, including spot checks on the field crews; • Reviewing field procedures and making changes as needed; • Comparing the field data collected with on-site conditions; • Review of data entry functions, including random spot checks; and • Review of reports generated and analyses performed to ensure a quality product. C. Task B — Maintenance & Rehabilitation Update Consultant will enter the maintenance and rehabilitation (M&R) historical treatments since the last PMP update in 2018, if this has not yet been performed. Consultant will work with the City to obtain these historical records in the following format: 01007.0006/695933.4 • Street Name; • Begin and ending limits of work; • Type of treatment; • Date of treatment; • Cost of treatment (optional). Populating the PMP database with recent historical data is extremely useful for determining future treatments and predicting performance of the various pavement sections. This includes overlays, reconstructions, and any surface seals. Therefore, Consultant will collect this information and enter it into the PMS database in the Software. A total of 8 hours has been allocated for this task. A Task C - Decision Trees & Budgetary Anal Consultant will update what Consultant refers to as the City's "decision tree" with the most recent Bid Tabulations from the City's maintenance projects. This process involves Consultant communicating with City staff (via the Contract Officer) as necessary to identify pavement treatments the City has used in the past, and any treatments the City staff may have questions about. The purpose of this process is to ensure that the analysis to be performed by Consultant is based on what the City has paid in the past for pavement treatments. Upon completion of the previous tasks, Consultant will perform a budget needs analysis using an analysis period to be determined by the City, typically 5 to 30 years. This will identify M&R requirements for each road section and determine the total maintenance and rehabilitation requirements over the entire analysis period. The needs analysis identifies road sections that need treatment and applies the M&R decision trees to each section. The costs are then summed for the entire period. This forms the basis for performing budget scenario evaluations, which optimize the street sections for repair under constrained budgets. • In simplistic terms, the budget needs analysis answers the questions: "If I have unlimited funding for street maintenance and repair, which streets should I fix? When should I fix them? What treatments should I apply? How much will it cost?" Consultant will also perform a budget scenarios evaluation, using a weighted effectiveness rating to prioritize sections for repair under constrained, realistic, budgetary assumptions. The effectiveness rating is defined as the area under a pavement performance curve. The effectiveness rating is weighted to place a higher priority on certain streets, such as arterials and collectors. • Simply put, this module answers the question: "If I only have limited funds for street maintenance and repair, which streets have the highest priority for repairs, when should I perform the repairs, and how much will it cost?" 01007.0006/695933.4 Consultant will perform two additional funding scenarios. These funding scenarios may be performed to answer "what -if" questions (the real "meat" of any PMS). Consultant will perform up to two budget scenario runs based on input from the City staff via the Contract Officer. Typical funding scenarios include: • Existing funding levels; • Existing funding levels increased (or decreased) by 10%, 20%, etc. Consultant will also provide recommendations concerning funding scenarios and selected road sections for rehabilitation. Finally, based on these results and input from City staff via the Contract Officer, Consultant will prepare a multi-year work plan that includes recommended repairs on selected streets as well as corresponding funding required. Consultant will then prepare a final report that summarizes the results of the inspections and analyses. Specifically, the final report ("Final Report") will contain: • Inventory reports for the entire PMS database; • Condition (PCI) reports; • Maintenance and rehabilitation history reports; • Maintenance and rehabilitation history trees; • Budget needs reports/analyses; • Budget scenarios reports/evaluations; and • Multi-year work plan (up to five years). As the deliverables for this project, NCE will provide: • An updated PMP database online (accessible by City for the portion of the 1 -year Software license term remaining after completion of the update [and thereafter for any longer term of access as City may license from MTC at City's cost]); and • Final Report. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. A multi-year work plan that includes recommended repairs on selected streets as well as corresponding funding required. B. An updated PMP database online (per above) (project deliverable). C. Draft Report D. Final Report (project deliverable). 01007.0006/695933.4 III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports: A. Monthly progress reports describing what work has been completed and what work is planned for the next month, and identifying any issues that have arisen, This report will correspond with Consultant's monthly invoices. B. Written and verbal status reports as requested by the Contract Officer. C. Status update upon completion of each Task and completion of Draft Report. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Lisa K. Senn, Project Manager B. Charlene Palmer, Principal in Charge C. Farhang Jalali, Project Engineer D. Katrina Cai, Project Engineer E. Franc Escobedo, Field Inspector F. Joseph De Leon, Field Inspector 01007.0006/695933.4 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) 01007.0006/695933.4 B-1 I. EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant shall perform the Services at the following fixed rates (identified in the right -most column in the table below): Notes Task A includes a virtual kickoff meeting and windshield inspections of Arterial and Collector streets. Task A includes Reinspection of 5% of network. Task A includes approximately $55.59 per day vehicle use fee. Task B includes entering all M&R activities since 2018 into the database. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services. NOT APPLICABLE III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include: A. Line items for all the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $24,999.00, as provided in Section 2.1 of this Agreement. C-1 01007.0006/695933.4 VI. Consultant's billing rates for all personnel are set forth in Section I of this Exhibit "C." However, the amount of compensation payable for each task, and for the Services as a whole, is fixed as stated in Section I of this Exhibit, and as such does not depend on the number of hours spent by Consultant. Hourly rates of Consultant are provided in Section I for progress billing purposes only. 01007.0006/695933.4 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the following schedule: Note: Task C will include the Metro certification information for submittal. II. Consultant shall deliver the following tangible work products to the City by the following dates. A. Multi-year work plan that includes recommended repairs on selected streets as well as corresponding funding required — part of Draft Report and Final Report. B. An updated PMP database online — from the time of completion of the update in accordance with the Table set forth in Section I, above, until expiration of the one-year software license. C. Draft Report — See Table in Section I, above. D. Final Report - See Table in Section I, above. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. D-1 01007.0006/695933.4 NICHr-m-119 MC:[;RAWM '` " CERTIFICATE OF LIABILITY INSURANCE �� 6.1 DAT/1412 02D/Y 5/14/21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 CONTACT Erica Wilson NAME: PHONE (A/C, No, Ext): (858) 754-0063 50233 (AA/C, No):(619) 574-6288 E-MAIL .Erica.Wilson@ioausa.com ADDRE INSURERS AFFORDING COVERAGE NAIC # INSURER A: RLI Insurance Company 13056 X INSURED INSURER B: Interstate Fire & Casualty Company 22829 INSURER C : Nichols Consulting Engineers, CHTD INSURER D: 1885 S. Arlington Ave., #111 Reno, NV 89509 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER! RFVISIAN NIIMRFR- 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 LTRTYPE OF INSURANCE ADDL SUBR W POLICY NUMBER POLICY EFF y POLICY EXP yyy LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS AIDE X OCCUR X X PSB0003222 5/17/2021 5/17/2022 EACH OCCURRENCE $ 1,000,000 DAMAGES ( RENTED 1,000,000 PREMI E E occurrence) $ X Cont Liab/Sev of Int 10 000 MED EXP An one person)� PERSONAL &ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FX] jECT D LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 iDeductible $ 0 OTHER: A AUTOMOBILE LIABILITY EOMBCNEDiSINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $ ANY AUTO X X PSA0001184 5/17/2021 5/17/2022 Ix OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTYDAMAGE Peraccident $ HIRED NON -AWNED AUTOS ONLY AUTOS ONLY Comp.: $500 X Coll.: $500 $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE PSE0003030 5/17/2021 5/17/2022 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 0 $ A WRKERS ANDEMPLOO MS'NA TIOIN Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X PSW0001955 5/17/2021 5/17/2022 X PTAT E ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1000 000 B Professional Liab. USF00807821 5/17/2021 5/17/2022 Per Claim 5,000,000 B Ded.: $50k Per Claim USF00807821 5/17/2021 5/17/2022 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: All Operations City of Carson, its elected and appointed officers, employees and agents are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation in favor of the Additional Insureds. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE APPROVED THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN F �^ ACCORDANCE WITH THE POLICY PROVISIONS. 6/3/2(021 AUTHORIZED REPRESENTATIVE City ofCarson 701 East Carson Street Carson. CA 90745 ACORD 25 (2016/03) 0 1 988-201 5 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulling Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11 — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION ii -- LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 Named Insured: Nichols ConsLilfing Engineers, CHTD 1-1118 enaor$ement-r-noames insurance provided urtderthe follow.ing..-. BUSINESS AUTO COVERAGE.FORM' A. 1130.ad Fdrm Named Insured "The, -following is added to. the SECTION. 11 - LIABILITY Coverage,. Paragraph. A.I. Who Is An Insured Provision:. Any business- entity, newly. acquired or formed by you .during ihe policy period,. provided. You• own fifty percenif. -(p 010% ' ) or i-nore of the business entity and the business entity. is not separately insured: for Ou*iness, Auto Cbverage-. Coverage I is extended up to a: maximum of one hundred..eighty ghty 11-80) days -following, the acquisition -or formation ofthe business .entity. Thi.s provision. -does not.apply- to any Person,- or. ,orQaniZation for -which =rerag�e is. excluded by, endorsement R. Employees As- Insureds The following is. added to the SECTION 1.1 - LIAMUT 00 Insured Provision: Apy "employee" of yours it an 1'insurod'*while using -q; covered- "aqtd' you don't own; hi.rer :or borrow. in your.busine.5s QT your personal affairs. C.. blanket AdditlohM 10%*00 'ThefolloWing is. added to tha SECTION. 11 OMBILITY COVERAGE; Faragrppo A.I. Who:K.An Insured ProviSion, .Any person or.ogja1zabon that you are reqLfir-4,,d* to fhOlude.'M, -tin additional :insured on :this coverage f . orm in a contract. Or a0rcernerit. that is 0)rcctited by YQq* before.. the "bo'dily -injury' or "property damagd" occurs rs .-is: an 9hsurecr for liability WverAgq, but only for -damages to which thi. s. insurance appJips.- and util LU ..khp. extern the(L pt!iaorl ot uf.WrAzaLion 0'qlfts. 0 afi. "insured" under the Who 19 An Inblured.n : in SEdTIdN 11 ,provision- contaiei . cu LIA6.1LITY. COVERAGE: `The. insurance provided-to.the. ,additi one I.insurod wi if eon'a primary jon- :cohtributoq� basis to the soditibnM inSUre.dS-ewh bLisiness auto c6VP_.ra.Cje if You are. required toi­dO so in a mritrapt or-agreemeilt that is e.5<ebut&J by.ydu before the "bodily injury" ury" 6Y ."property dam.agp` acqurs. D. Sian ket Waiver- 0 . f Subrbaottion The 'following is .added to the SECTION IV - BUSINESS AUTO CONDITIONS, A. Loci; Conditions, E Transftt Of Riobts-Of RAcdVAry .-Against Qlthe�r.s To Us: F5P.A -.SOO Q-� 11 Policy N Umber PSA0001 184 We waive any right;of r•eodvery Werimiy, have against :any ­person. or. organization to t1he extent required 'of You by a Pantract i6xecutacl- p'rttyr t6 any "accident" or "[rate, provided that the .'.accident"! q.f "loss" :arises 6utof-the-operabons contemplated by.such contract. Th6 waiver applies, only to the per.--§orl or drq.anization.....de-signat6d-in such. contrarf. E. Erriployee Hired.Auios. The following is added to the *0120TION 11 � L[AB.ILITY"C*.V.E'R'A'G"E',.Para.c,p.,e�lih.-A.I. Who Is An Insured Provision: M "ernpluya& uF yuuv6- iu.ari "iiisuutid­ w1iflu operating -an. "auto" 1Tired or rented under a contract or agreement in. that-. "employee's" name, with your perm-ission-, ;while pefform-ii1g duties related to -the ,conduct ,ofyour business. 2. *,Changes in General Conditions: Paragraph 0.b. of 'thi.9: " Vtner ihstirarlice Condition in the IWSINEtS AUTO Ci3NDiTit1NS: is deleted and replaced with the follow-ing:, b, - F -or l4icia'd ALAQ- Physical Dgrnage. Cove"raqe, the - following Are -deemed :to be: 'covered '!autoe"yqu:awn: -(I-) :Any covered '!auto!'. yovjeasq, . hire,: ren( or borrow; al.ld -(2): -Any. w.. veed "auito" Nredl Or rented: by your "emploV*­ Linder a pontratt'in that individual "employee's" came; -with, your while: 'pe-rfbniiiriq ;;-Jutios 're,Wed tq the conduct of your busimess. However, any, ''auto" that. Js liegsed, hired, rented or borrowed with 9 driver is not a covered: "auto''.. Fe.111ow. EMP16yee. Coveragig -§Pd'T-10N u. - L.IASILIT'Y COVER. -AGE, Exclusion 113.iS. 'does. not ff you have workers compensation insurance in -force coyerin - all I of your C. -Auto Loan Lease. -Gap P.over age. SECTION III -PHYMOAL DAMAGE COVERAGE, C. Limit Of InsuMhq6, is amended by trio addition .df'the following: In the, event of a. total ­10ss"10. :a 'b0med `aiAb." :thbwh *ih the '.Schedule of Q.N.e;darationa, we will pay anyy unpaid atnount due on the: lease or [cran for a -cohered "auto", less: Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSW0001966 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss % of the California workers' compensation premium otherwise due Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement NICHCON-02 MCGRAWM AcoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 5/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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). PRODUCER License # OE67768 CONT ACT Erica Wilson IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 PHONEFAX (A/C, No, Ext): (858) 754-0063 50233 (A/C, No):(619) 574-6288 AE DRIE ,Erica.Wilson@ioausa.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: RLI Insurance Company 13056 PSB0003222 INSURED INSURER B: Interstate Fire & Casualty Company 22829 INSURER C: Nichols Consulting Engineers, CHTD INSURER D: 1885 S. Arlington Ave., #111 Reno, NV 89509 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION Nl1MRFR- 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 T TYPE OF INSURANCE ADDL IN SUBR POLICY NUMBER POLICY EFF YY POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X OCCUR X X PSB0003222 5/17/2021 5/17/2022 EACH OCCURRENCE $ 1'000'000 DAMAGE TO ERENTEDoccurren $ 11000,000 MED EXP An one 'son $ 10,000 X Cont Liab/Sev of Int PERSONAL & ADV INJURY 1'000'0 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECTPRO-E] LOC GENERAL AGGREGATE 2,000,000 PRODUCTS -COMP/OP AGG 21000,000 iDeductible $ 0 OTHER: A AUTOMOBILE LIABILITY (Ea tlEeDtSINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $ AUTO X X PSA0001184 5/17/2021 5/17/2022 IxANY OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ Perr acciidentDAMAGE$Comp.: AUTOS ONLY AUTNOS ONLB $500 X Coll.: $500 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE 51000,000 X EXCESS LIAB CLAIMS -MADE PSE0003030 5/17/2021 5/17/2022 DED I X I RETENTION$ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X PSW0001955 5/17/2021 5/17/2022 X PER OTH- AT E ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liab. USFOO807821 5/17/2021 5/17/2022 Per Claim 5,000,000 B Ded.: $50k Per Claim USFOO807821 5/17/2021 5/17/2022 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached H more space is required) Re: All Operations City of Carson, its elected and appointed officers, employees and agents are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation in favor of the Additional Insureds. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE APPROVED THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN R G ACCORDANCE WITH THE POLICY PROVISIONS. 6/3/2021 AUTHORIZED REPRESENTATIVE City ofCarson 701 East Carson Street Carson. CA 90745 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BLISINESSOWNERS COVERAGE FORM - SECTION 11 — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION til H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 Named Insured: Nichols Consuilling Engineers, CHTD -1-Mls e*fnaor,8emenv-rnoaIrjes insurance praitcled Vnelerthe follow.Ing.-4. BUSINESS AUTO00VERAGE FORM' :A. $0.ad Fdrm "m6d Intuted "The -following is added to.. the SECTION. if — LIABILITY toverage, Paragraph- A.11. Who Is An Insured Provision:. Any business- erAtity. newly.acquired or formed by you during the policy period,. pravided'YOU. GWil fifty percent - ()00%') or. rr-lore of the business entity and the business entity is not separately insured: for Busine-se, Auto Coverage: 0overm9e is extended up to a: maximum :of one hundred .eighty 11-80) days -following. the acquisition -or formation of:th'e b u*siness ,entity. This: provision, -does. not. .apply- to any person. or. .organization for -which- coverage is excluded by. .endorsement. B. Employees As Insureds The following is added to 'he SECTION III — LIAMILITY 0-,PVr=.R-A.qK, *Provision . : . Har.atgropO A. i. Wn ho.js A Insured Any 'barrip . ze".af yours is an "insured'` while using 4 covered r6d aLlio you dprPt own: 6i.re .Or borrow in you. r. bu:.80egs or your personal affairg.. C. 6.I?ink6tAddItIohW 10paroO The followirig is. added to thO, SECTION. 11 6ABILITY p.h.covEFMGE,.ParagqA-A. 1. Who: It. An Insure.d PIrovislon: .Any person or .organization that you are reqL(im,,d to include. as an additional 'insured on coverage form in a contract. or aCr0etnerft. that .is oxeculed by you before. the "bo'di IV. j nj!,,iry.; or 'ptqperlb.y. dama 6' occp . rs -is: an 1hsurecr feir liabitp- Wven 'but only age., . for --damagin to which thin insurance appJies.. and -utity. W 41*tp- exliei , t i L LhUL pe!taorl oi oi.qAriizaduri tjoiqliflo.s. 8s afi. "insured' under the Who 19 At! Insured. provision -can . tdi.aine.'- in SEdT14N '111 LIA.0.11,11TY- COVERAGE. the. insurance ,prov.'Idp.,d+,D.,the.-additional.insure'd will be, en 'a primary:ard non:-cohtri . butory basis to the :-additional iriSul'e.d'S -av-1h bUsinest auto Paverecie if you are. required to do so in a contract -o r-aqre0,.mieqt "that is eXebut6d b.y.,Ydu before the "bodily injury" 61' "properb/ damage" occurs. b. Bianket.Waivor-O . f Subr.6 geffien The following is .added to the. SECTION IV — BUSINESS: 'AUTO CONDITIONS, A. Loss Conditions, 5; Transftt Of' Rights -Of Recovery ..Agetinst Others To Us: OP.A.SOO 03 11 Policy Number: nber: PSAOOO 1184 We Waive any right. -of reody.ehj +Ve may have against. any"per .. son. or- organization to the extent required of you by -a.odntract &iaQutod prior to' any, "acciderVor "foal", provided 'tWt the "accident" 6.e 1oss!':arises -6ut.of-.-the-operabons- 66nteimplated by.such contact. Thb -waiver applies- -ohly to the per, -,on or drganization.---.designat.ed' irl'SLIGh coiltraot. S Employee Hired,Autos. The following i& added to the '01tC.710114 11 � LIABILITY: CO-VER'AG"E',-'P'ara.,W.alih. A.I. Who Is An fhs.uT.ad Provision: Ari "empluyee' rir yuuis. iL-i.sari `iiisulitQ­ while operating an. "auto" hired or rented' under a contract or agreement in that "employee's" name, with your permission, while petforini[Ig duties related to -the ,conduct ,o.f..your'business. 2, Changes In General Conditions: Waraqr.apn .6.b, of -th 01 'Otner Iqsuranoo Condition in the 13UBIN-EtS AUTO CONDITIONS- is deleted and replaced with the following, - b. -For .1 Fired AL40- Physical DgMage COVO"Taig.e, the following are -deemed to be: covered "autos" Ygurown: -(I-) Any covered '!auto!.` you. lease, hire,: rent -or'borrow; aad (2). Any. covered "aUtdl' hired or rorited. by .Your "employere. I under a contrad. Jn your individual '!eMDJ0Ve0_'S�* ,name, With your p.e-rn'1J,s6.io.h., whilo: j:AajpMiiriq qUtios related to. the conduct of your.business. 'However, any, ''auto" that :is liqgseid, hired. routed or b.orrowedvith 0 drive is not Fellow EMp16y!a!BCoverage. sEd -ioN u --. LIABILITIr " COVER -AGE, Exc-IUSI[on -T B.& 'does. 'got' apply ff you 0ave workers qompehsation fturame.-InJorce coyerin g all of your emprove eas. G. Aut*LoartLeasa.Gap-.4;.o.vemge. SECTION Ill. —PHYSICAL DAMAOE Q OVERAGE, :C. Litnit .Of 'Insunincie, is amended by 1:116 additiOn 6f.'the f6IIoW(ng: In the, event of a. total "loss"` to. .4 _bovdi:Od "IvAb" t:§hbwft'ih the .Schedule of Qe.-Oarations, we will pay any unpaid atnourit due on the: lease or loaf! for a -covered "auto"; lens. Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSW0001955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 —_ -- (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -•CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement