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HomeMy Public PortalAboutC-23-141 - MOUR GROUP ENGINEERING JULY 10 2023AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND MOUR GROUP ENGINEERING + DESIGN, INC. THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement’’) is made and entered into this 41° * day of JUL , 2023 by and between the CITY OF CARSON, a California municipal corporation (“City”) and MOUR GROUP ENGINEERING + DESIGN, INC., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Carson’s Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01007.0001/891839.1 -l- CONTRACT SERVICES AGREEMENT By and Between CITY OF CARSON and MOUR GROUP ENGINEERING + DESIGN, INC. AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND MOUR GROUP ENGINEERING + DESIGN, INC. THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this + il day of .~ UNE , 2023 by and between the CITY OF CARSON, a California municipal corporation (“City”) and MOUR GROUP ENGINEERING + DESIGN, INC., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Carson’s Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01007.0001/891839.1 -l- professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 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 this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 . Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 01007.0001/891839.1 -2- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 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 costs 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 or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 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. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Thousand Dollars ($200,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 01007.0001/891839.1 -3- 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 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 detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor 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, or as provided in Section 7.3, 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 City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01007.0001/891839.1 -4. ARTICLE 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 one hundred eighty (180) 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 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) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D"). ARTICLE 4. COORDINATION OF WORK 4.1] Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Glenn Mouritzen President (Name) (Title) 01007.0001/891839.1 -5- (Name) (Title) Davin Korte ce, PE VrAw eae (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals 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. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, 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, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be James Nguyen, Special Projects Manager, or such person as may be designated by the City Manager of the City. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 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 01007.0001/891839.1 -6- as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor 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. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 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: (a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 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, then 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, with Employer’s Liability insurance coverage limits of at least $1,000,000.00. 01007.0001/891839.1 -7- (c) Automotive Insurance (Coverage Form ISO CA 00 01 including “any auto” and_endorsement_CA_ 0025 or equivalent). A policy of comprehensive automobile liability imsurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. 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) 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 include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. (g) Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant. 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. Moreover, 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 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 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 01007.0001/891839.1 -8- Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements 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. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 01007.0001/891839.1 -9- 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, or 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, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 01007.0001/891839.1 -10- 5.4 Sufficiency of Insurer. 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 Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 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. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. 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. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 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 as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 01007.0001/891839.1 -11- 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to 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 City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, 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. 6.4 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 City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, 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 City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) 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 there under. 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 City and to provide City with the opportunity to review any response to discovery requests provided by 01007.0001/891839.1 -12- Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 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, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal Jurisdiction of such court in the event of such action. 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. 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, though not reduced, 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. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 01007.0001/891839.1 -13- 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 75 Rights and Remedies are Cumulative. 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. 7.6 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 a legal action under this Agreement. 7.7 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, except as provided in Section 7.3. 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. In the event of termination without cause pursuant to 01007.0001/891839.1 -14- this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 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 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. 79 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party 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 may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. 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. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, 01007.0001/891839.1 -15- partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 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 insure 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. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seg., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party 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. 9.2 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 party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, 01007.0001/891839.1 -16- electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Agreement. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. 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. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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 party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & 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 “non-interests” 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 01007.0001/891839.1 -17- 9.7 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. [SIGNATURES ON FOLLOWING PAGE] 01007.0001/891839.1 -18- IN WITNESS WHEREOEF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF CARSON, a municipal corporation Bowes He Lyé Davis-Holmes, Mayor ATTEST: a Dr. Khaleah R. Bradshaw, City Clerk fs APPROVED AS TO FORM: \ mm ALESHIRE & WYNDER, LLP \ Sunny K. Soltani, City Attomey [rj] CONSULTANT: MOUR GROW ENGINEERING + DESIGN, INC., a Californiz’e ig’ corp Aration At fp Name: Gi enn Mouritzen, President, Treasurer Title: By: aw: Name: \\ av iD Kortasccet Title: Vice Paesipett Address:6593 Riverdale Street S iego, CA 92120 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. 01007.0001/891839.1 -19- IN WITNESS WHEREOEF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF CARSON, a municipal corporation Lula Davis-Holmes, Mayor ATTEST: Dr. Khaleah R. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attomey [ul] CONSULTANT: MOUR GROJéé:-ENGINEERING + DESIGN, INC., C e ‘c o r p y f r a t i o n L o i By: ZL _~ Name: Gjenn-Mouritzen, President, Treasurer “Title: By: nA~2A Name: Savio Korvrascrt Title: Vice Paesipent Address:6593 Riverdale Street San Diego, CA 92120 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. 01007.0001/891839.1 -19- 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 OF LOS ANGELES On_(» ~ , 2023 before me, , personally appeared , 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. WITNESS my hand and official seal. Signature: Su thal 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 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) [(] LIMITED Cc] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER O O O O O Oo SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01007.0001/891839.1 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 of an Diego ) On CG— 7 - 273 before me, Karim H. Baker, Notary Public (insert name and title of the officer) personally appeared Giewn Moo c ihe 2 ee who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. | eee KARIM H, BAKER 1 _ = aot eN COMM. #2422 z WITNESS my hand and official seal. Oke cites) Notary Public - California 2 z San Diego County sso” _ My Comm. Expires Oct. 21, 2026 Yo yF Signature EBLE oo (Seal) (Fe c+ Covwtrack Setviccs Ae, Fecment 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 . On G-12- 9.3 before me, Karim H. Baker, Notary Public (insert name and title of the officer) personally appeared Dew i ra (Co (las CM who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KARIM H. BAKER COMM. #2422552 2 Notary Public - California 8 San Diego County = My Comm. Expires Oct. 21, 2026 WITNESS my hand and official seal. - sf Z “Ht Signature LSE. (Seal) Foc! Cotrest Services Prrecmen 7 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 OF LOS ANGELES On 2023 before me, , personally appeared , 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. WITNESS my hand and official seal. Signature: 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 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) [] LIMITED C] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER O O O O OF OO F SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01007.0001/891839.1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services on an on-call basis, in accordance with the Proposal: Architectural and landscape architectural assistance will be provided in connection with City’s Fagade Improvement Program (“Program”) to Program participants to assist in the development of concept designs and plans for facade improvements, site design improvements related to parking lot and landscaping enhancements, and other property improvements. The basic services will include the preparation of schematic drawings, preliminary designs, architectural plans, and constructions plans for commercial property rehabilitation in accordance with the City’s design standards. Services may include, but are not limited to the following: A. 01007.0001/891839.1 Inspect candidate sites with staff and confer with applicant to identify rehabilitation recommendations that are eligible under current program guidelines and consistent with city-wide goals and policies including the Economic Development Strategic Plan (anticipated adoption Summer 2023) and the recently adopted Carson 2040 General Plan, including the Community Character and Design Element. Obtain photo documentation of pre-repair conditions for the site and each proposed improvement for placement into the City project file. An analysis of public spaces and infrastructure and their relationship with surrounding built environment must be included; Provide a line-item list of improvements, preliminary line-item and total construction cost estimate, and architectural services cost estimate for Program eligible improvements; Prepare preliminary level architectural plans including elevations (three different elevations), site plan, and landscape plans and itemize which improvements will require construction drawings; Confer with staff and the Program applicant to obtain approval of conceptual improvements, and assist Program applicant with funding agreement process at the direction of City staff; Prepare preliminary design for any signage to be installed, for use by sign contractors for inspiration for design, scale, and color; Prepare construction level architectural plans including elevations, site plan, landscape plans, and irrigation plans consistent with all local, state, federal requirements; Be familiar with all applicable City codes, requirements, and application processes and submittal requirements. Assist Program applicant in obtaining entitlements, permits and approvals from all required regulatory agencies during all stages of the project development process; H. Prepare a complete submittal package consistent with the requirements of the planning and/or building and safety divisions; I. Process construction plans and make revisions as required by the planning department, and plan checkers through the building and safety division up to the approval of the plans for permit issuance; di Refine the construction cost estimate as necessary as the project progresses; K. Prepare a complete and detailed line-item work description based on the latest set of plans for use as a bid document in the construction bid package; L. Meet with staff and the applicant as necessary to clarify the plans and the vision for the proposed project;, M. Attend the pre-bid job walk to respond to contractor questions and provide any required work scope clarifications; N. Respond to staff and contractor inquires during the bidding phase of the project; 0. Attend the pre-construction conference to respond to contractor questions and provide any required work scope clarifications; P, Respond to staff, contractor, and applicant inquiries during the construction phase of the project; Q. Inspect the project upon the completion of construction to ensure that it has been built in accordance with approved plans, prior to the city final inspection. R. Provide written or oral reports to the Contract Officer on all assigned projects on a regular basis, and as requested. S. Attend community outreach meetings as needed at the request of the Contract Officer; Ts Assist City in reviewing proposals from independent contractors when complimentary architectural services are declined by Program applicants to help ensure city-wide and program goals are still being met Il. As part of the Services, Consultant will prepare and deliver various tangible work products to the City, including, without limitation, the following: A. B C. D 01007.0001/891839.1 Preliminary Conceptual drawing (Site Plan, elevations, etc.) and reports Design Development Package for bidding purposes Construction Documents Construction Observation Services A-2 E. QA/QC Process Manual Ill. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports as set out in the Proposal: A. 30% Completion Status Report B. 60% Completion Status Report C.. 90% Completion Status Report D. 100% Completion Status 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. Glenn Mouritzen, President — Contract Manager B. Joseph Skimming, Senior Architect — Architectural Project Manager Robert Benedict, Project Architect — Architectural Design D E. Christina Grierson, Project Architect — Architectural Design F David Kollasch, PE — Structural Engineering Project Manager G William Ishii, PE — Mechanical/Electrical/Plumbing Design & Engineer Sub- Consultant H. Sandra Miles. CASp — ADA Compliance Sub-Consultant 01007.0001/891839.1 A-3 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) (additions shown in bold italics, deletions shown in strikethrevgh font) I. Section 1.2, “Consultant’s Proposal,” of the Agreement is hereby amended to read in its entirety as follows: “1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s proposal titled “On-Call Professional Architectural Services for the Commercial Facade Improvement Program RFP #23- 012” submitted in response to City’s RFP No. 22-012, scepe-ef-werker-bid which shall be incorporated herein by this reference as though fully set forth herein (the “Proposal”). In the event of any inconsistency between the terms of the saeh Pproposal and this Agreement, the terms of this Agreement shall govern.” Il. A new Section 1.10, “Compliance with Labor and Wage Laws,” is hereby added to the Agreement, to read in its entirety as follows: “1.10 Compliance with Labor and Wage Laws. Certain portions of the Services may be subject to prevailing wages under the Labor Code and to the extent such is true, the below provisions will apply. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Consultant and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Consultant shall pay the higher of either the state for federal prevailing wage applicable to each laborer. 01007.0001/891839.1 C-1 (d) Penalty for Failure to Pay Prevailing Wages. 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. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) 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. (e) Payroll Records. 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 the City of the location of the records. (f) Apprentices. 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 sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (g) Eight-Hour_ Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. (h) Penalties for Excess Hours. 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 the City, forfeit twenty-five dollars ($25) 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 (8) hours in any one calendar day and forty (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 (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (114) times the basic rate of pay. (i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows: “IT 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- 01007.0001/891839.1 C-2 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.” a) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or 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 such failure by any subcontractor.” Il. Section 2.3, “Reimbursable Expenses,” of the Agreement is hereby amended to read in its entirety as follows: “2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs;telephene-expenses,andiravel-expenses and other items approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.” IV. Section 3.4, “Term,” of the Agreement is hereby amended to read in its entirety as follows: “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 five ene (54) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).” V. Section 4.5, “Prohibition Against Subcontracting or Assignment,” of the Agreement is hereby amended to read in its entirety as follows: “4.5 Prohibition Against Subcontracting or Assignment. 01007.0001/891839.1 C-3 The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, with the exception of the subcontractors/subconsultants identified in the immediately following sentence, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. The subcontractors/subconsultants City has consented to are as follows: William Ishii, PE, who will provide mechanical/electrical/plumbing design & engineering services and Sandra Miles., CASp, who will provide ADA compliance services. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.” VI. Section 5.3, “Indemnification,” of the Agreement is hereby amended to read in its entirety as follows: “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, or 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, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith proportionate to the Consultant’s level of responsibility; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder proportionate to the Consultant’s level of responsibility; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; 01007.0001/891839.1 C-4 (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding proportionate to the Consultant’s level of responsibility, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.” 01007.0001/891839.1 C-5 III. IV. EXHIBIT “C” SCHEDULE OF COMPENSATION Consultant shall perform the following tasks at the following rates: Refer to Exhibit C-1. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. Not applicable. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: a. Line items for all personnel describing 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. The total compensation for the Services shall not exceed $200,000 as provided in Section 2.1 of this Agreement. The Consultant’s billing rates for all personnel and reimbursable expenses are attached as Exhibit C-1. 01007.0001/891839.1 C-6 EXHIBIT “C-1” PERSONNEL BILLING RATES LABOR CATEGORY HOURLY RATE ADMIN ASST /WORD PROCESSOR $95.00 / HOUR CAD OPERATOR $100.00 / HOUR JUNIOR DESIGN $100.00 / HOUR SENIOR CAD DESIGNER $110.00 / HOUR JUNIOR ENGINEER $105.00 / HOUR JOB CAPTAIN / DESIGNER $115.00 / HOUR STRUCTURAL DESIGN ENGINEER $140.00 / HOUR PROJECT ARCHITECT / PROJECT $150.00 / HOUR MANAGER SENIOR PROJECT MANAGER $170.00 / HOUR SENIOR ENGINEER $170.00 / HOUR ARCHITECT $175.00 / HOUR SENIOR ARCHITECT $195.00 / HOUR PRINCIPAL ENGINEER $205.00 / HOUR PRINCIPAL ENGINEER/ PRESIDENT $260.00 / HOUR LITIGATION SUPPORT (4 HOUR $600.00 / HOUR MINIMUM) 01007.0001/891839.1 C-7 REIMBURSABLE EXPENSES (must be approved by City in advance and in writing): REIMBURSABLES COST SUB-CONSULTANT EXPENSES ACTUAL COSTS + 15% REPRODUCTION COSTS ACTUAL COSTS + 15% OTHER MISCELLANEOUS DIRECT ACTUAL COSTS + 15% EXPENSES 01007.0001/891839.1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule: Activity Responsible Number of Deadline Party Hours Provides application materials to City N/A N/A Consultant. Review application materials & Consultant 5 to 10 hours 7 days from teleconference with staff and applicant as needed submittal to to determine key issues and identify Consultant existing development surrounding the proposed project Prepare memo with specific design Consultant 8 to 16 hours 14 days from recommendations and comments. May as needed submittal to include one overlay sketch, if Consultant warranted, to fully explain the direction and level of required detail. Site visits, meetings with applicants, Consultant As needed TBD by City’s outreach meetings upon request. Contract Officer Prepare Schematic Design for Consultant As Needed TBD by City’s preliminary review by City. Contract Officer Prepare Design Development Package Consultant As Needed TBD by City’s to be submitted for review by City. Contract Officer Prepare Construction Documents upon Consultant As Needed TBD by City’s Planning Approval to be reviewed by Contract Officer City. Prepare and Issue bid documents, Consultant As Needed TBD by City’s oversee project to completion. Contract Officer I. Consultant shall deliver various tangible work products to the City, including, without limitation, the following by the following dates: a. Preliminary Memo — 14 days after application submittal b. 30% Completion Report -TBD by City’s Contract Officer 01007.0001/891839.1 D-1 c. 60% Completion Report — TBD by City’s Contract Officer d. 90% Completion Report — TBD by City’s Contract Officer e. 100% Completion Report — TBD by City’s Contract Officer Il. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01007.0001/891839.1 D-2 ® ACCORD ee CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 7/18/2023 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). PRODUCER Champion Risk & Insurance Services, L.P. 12264 El Camino Real, Ste 350 San Diego CA 92130 CONTACT NAME: PHONE ext): 858-369-7900 FAX, No): 800-829-0807 E-MAIL . ADbREsSs:_certsonly@championrisk.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Prop Casualty Ins Co 36161 INSURED MOURGRO-01! sureRB: Landmark American Ins Co 33138 mour group engineering & design Mour Group Engineering & Design INSURER © 6593 Riverdale Street INSURER D : San Diego CA 92120 INSURER'E:: INSURER F : COVERAGES CERTIFICATE NUMBER: 1646531656 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL/SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD | POLICY NUMBER (MMIDDIYYYY) | (MM/DD/YYYY) LIMITS A X | COMMERCIAL GENERAL LIABILITY Y Y 6800J4431692247 12/31/2022 12/31/2023 | EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $2,000,000 MED EXP (Any one person) $10,000 |____ PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY [| oR [| Loc PRODUCTS - COMP/OP AGG | $4,000,000 OTHER: $ COMBINED SINGLE LIMIT A | AUTOMOBILE LIABILITY Y BA7R9916282347G §/21/2023 §/21/2024 (Ea accident) $1,000,000 X | ANY AUTO BODILY INJURY (Per person)’ | $ OWNED SCHEDULED AUTOS ONLY | | AUTOS BODILY INJURY (Per accident)} $ HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLA LIAB X | occur CUP0J4433051947 12/31/2022 | 12/31/2023 | EACH OCCURRENCE $ 5,000,000 X | EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED | RETENTION $ $ A |WORKERS COMPENSATION UBOK9371642347-G 3/31/2023 | 3/31/2024 |X [EER re | | Ot AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? [| NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE} $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000 B_ | Errors and Omissions LHR847837 12/23/2022 12/23/2023 | Each Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carson its elected and appointed officers, employees and agents as additional insureds. CERTIFICATE HOLDER CANCELLATION 30 days except 10 for non payment Insurance Approved DJ 07/18/23 City of Carson 701 East Carson Street Carson, CA 90745 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVE LER¢) WORKERS COMPENSATION ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 9903 76( A)- 002 POLICY NUMBER: UB-0K937164-23-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 2.00 % of the California workers’ compensation pre- mium, Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR ENGINEERS WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: CITY OF CARSON COMMUNITY DEVELOPMENT 701 EAST CARSON STREET, CARSON, CA 90745 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 07-13-23 ST ASSIGN: Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. CG D3 81 09 15 The following is added to SECTION II — WHO JS AN INSURED: Any person ar organization that you agree In a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", “property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" ta which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For “bodily injury", “property damage" or "personal injury" for which such person or organization has assumed llability in a contract or agreement. The insurance provided to such additional insured Is limited as follows: e, This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. Inthe event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability: required by the “written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section IN — Limits Of Insurance. © 2015 The Travelers Indemnity Company. All rights reserved, h, This insurance does not apply to "bodily injury" or "property damage” caused by "your work" and included in the “products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or “property damage" that occurs before the end of the period of time for which the “written contract requiring Insurance" requires you to provide such coverage or the end of the policy period, whichever is earller. 2. The following is added to Paragraph 4.a. of SECTION IV —- COMMERCIAL GENERAL LIABILITY CONDITIONS: ' The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the “written contract requiring insurance" that this Insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The “bodily injury" or "property damage" for which coverage Is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, Contingent or on any other basis, that is available to the additional insured when that person or organization Is an additional insured under any other insurance. Page 1 of 2 Includes tha copyrighted material of Insurance Services Office, Inc., with Its permission Page 2 of 2 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for “bodlly injury", "property damage" or "personal injury" arising out of “your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or “property damage” occurs, or the “personal injury" offense is committed. © 2015 The Travelers Indemnity Company. All rights reserved. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the “bodily injury’ and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. CG D3 B1 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -— This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. B. Cc, D. E. G. BROAD FORM NAMED JNSURED BLANKET ADDITIONAL INSURED EMPLOYEE HIRED AUTO EMPLOYEES AS INSURED SUPPLEMENTARY PAYMENTS — INCREASED LIMITS HIRED AUTO — LIMITED WORLDWIDE Cov- ERAGE —- INDEMNITY BASIS WAIVER OF DEDUCTIBLE ~ GLASS PROVISIONS A. CA T3 53 02 15 BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision Is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. BLANKET ADDITIONAL INSURED The following is added to Paragraph ec. in A.1., Who Is An Insured, of SECTION Il — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the “bodily injury" or "property damage” occurs and that is in effect during the policy period, to be named as an addi- tional insured Is an “insured" for Covered Autos Liability Coverage, but only for damages to which H. a - = © 2015 The Travelers Indemnity Company. All rights reserved, HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT PHYSICAL DAMAGE — TRANSPORTATION EXPENSES ~ INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — Cov- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your Page 1 of 4 Includes copyrighted material of Insuranca Services Office, Inc. with Ils permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- hess. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION il — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an “insured” while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION It - COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an “accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION il ~- COVERED AUTOS LIABIL- . ITY COVERAGE: (4) All reasonable expenses incurred by the “insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE Cov- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION iV -— BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an “auto” you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (li) Neither you nor any other involved "insured" will make any settlement without our consent. (ili) We may, at our discretion, participate in defending the "Insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of “bodily injury" or "property damage” to which this insurance applies, that the "in- sured” pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION Il ~ COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C,, Limits Of Insurance, of SECTION H -— COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This Insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada, Page 2 of 4 © 2016 The Travelers Indemnity Company. Ail rights reserved. CA T3 53 02 15 Includes capyrighted material of Insurance Services Offica, Inc. with Its permission. G, CA T3 53 02 15 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been fiable had you camplied with the compulsory in- surance requirements. (d) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countties relating to insurance. WAIVER OF DEDUCTIBLE ~ GLASS The following is added to Paragraph D., Deducti- ble, of SECTION {ll — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced, HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Il — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one “accident”. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A,4.a., Transportation Expenses, of SECTION Ill —- PHYSICAL DAMAGE COVER- AGE; We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered “auto" of the private passenger type. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill ~ PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for “loss” to wearing ap- pare] and other personal property which is: (1) Owned by an "insured"; and © 2016 The Travelers Indemnity Company. All rights reserved. COMMERCIAL AUTO (2) In or on your covered “auto”, This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. . AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to “loss" to one or more airbags in a covered “auto” you own that in- flate due to a cause other than a cause of “loss” set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered “auto” for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss", - NOTICE AND KNOWLEDGE OF ACCIDENT OR Loss The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the “accident” or “loss” is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); {c) A member (if you are a limited tiability com- pany), (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any “employee" authorized by you to give no- tice of the "accident" or "loss". . BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS : 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any “accident” or "loss", provided that the "accident" or "loss" arises out of operations contemplated by Page 3 of 4 Includes capyrighted material of Insurance Services Office, Inc. with lis permission, COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV —- BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Item No. 13. 2023-0420 Recommendation: Item No. 14. 2023-038 Recommendation: Item No. 15. 2023-0298 Recommendation: CITY OF CARSON POST-COUNCIL TUESDAY, JUNE 20, 2023 CONSIDERATION OF RESOLUTION NO. 23-101, AMENDING THE CLASSIFICATION PLAN, RESOLUTION 77-111, BY ADOPTING THE NEW JOB CLASSIFICATION SPECIFICATION AND SALARY ALLOCATION OF SENIOR EVENT SERVICES COORDINATOR (CITY COUNCIL) ADOPT Resolution No. 23-101 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, AMENDING THE CLASSIFICATION PLAN, RESOLUTION 77-111, BY ADOPTING THE NEW JOB CLASSIFICATION SPECIFICATION AND SALARY ALLOCATION OF SENIOR EVENT SERVICES COORDINATOR." CONSIDER AWARD AND AP BO OF A CONTACT SERVICES AGREEMENT WITH YUR GROUP ENGIN : ; TO PROVIDE ARCHITECTURAL SERVIC Ss FOR COMMERCIAL FACADE IMPROVEMENT PROGRAM CARSON CITY COUNCIL Approved as Recommended JUNE 20, 2023 187: ff 2N0: AYES: NOES: }/ABSTAIN: | ABSENT: JH JD 5 0 0 0 TAKE the following actions: 1. AWARD and APPROVE a Contract Services Agreement with Mour Group Engineering + Design, Inc. to provide architectural services, at a cost not to exceed $200,000.00 for a five-year term. 2. AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney. CONSIDER APPROVAL OF AMENDMENT NO 1. TO THE AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND MRS ENVIRONMENTAL, INC. FOR ADDITIONAL SCOPE OF WORK FOR THE AUDIT OF PIPELINE FRANCHISES CARSON CITY COUNCIL Approved as Recommended JUNE 20, 2023 1ST: ff} 2QND: AYES: NOES: | ABSTAIN: | ABSENT: LDH JH 5 0 0 0 1. WAIVE the formal bidding procedures as defined by the Carson Municipal Code pursuant to the Carson Municipal Code Sections 2611(e) (Sole source purchasing); 2. APPROVE Amendment No. 1 to the Agreement with MRS Environmental Inc. for the Audit of Pipeline Franchises for an Page 4 6/28/23, 2:56 PM CITY OF CARSON - File #: 2023-0381 Home Details File #: Type: File created: On agenda: Title: Attachments: History (0) Legislation Calendar City Council Departments People G © GShare GQRSS Alerts| Reports 2023-0381 Version: 1 Name: Consent Status: Agenda Ready 5/10/2023 In control: City Council 6/20/2023 Final action: CONSIDER AWARD AND APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH MOUR GROUP ENGINEERING + DESIGN, INC. TO PROVIDE ARCHITECTURAL SERVICES FOR COMMERCIAL FA?ADE IMPROVEMENT PROGRAM 1. RFP No. 23-012, 2. Scoring Sheet, 3. Contract Services Agreement (Mour Group), Text Report to Mayor and City Council Tuesday, June 20, 2023 Consent SUBJECT: Title CONSIDER AWARD AND APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH MOUR GROUP ENGINEERING + DESIGN, INC. TO PROVIDE ARCHITECTURAL SERVICES FOR COMMERCIAL FACADE IMPROVEMENT PROGRAM Body SUMMARY Staff issued a Request for Proposal (RFP) for design review services on March 2, 2023 (“RFP No. 23-012") to provide architectural services for the city-wide Commercial Fagade Improvement Program (“Program”). The selected firm (“Architect”) would be responsible for assisting Program participants through the fagade improvement development process. Specifically, the firm would be able to assist Program participants in all phases of development, from initial preliminary design recommendations to construction oversight and project completion. Two proposals were received by the RFP deadline of March 30, 2023. The firm recommended by the selection committee, Mour Group Engineering + Design, Inc, has a total fee of $200,000 over a five-year period as needed. Funding for the contract is paid from the $1 million in Program funds already budgeted for the Fiscal Year. This $200,000 budgeted contract amount is based on an industry standard whereby the approximate architectural costs is 10% of total improvement costs. When considering the required match by Program participants, the total cost of improvements undertaken under the overall Program would be $2 million ($1 million Program funds + $1 million required match from Program participants). RECOMMENDATION Recommendation TAKE the following actions: httne://earenn lanictar cami aniclatinnNatail aenv7IN=RIRNAAAL Al NN=RIARNNIAR_ARRE_AREC_AREA_ALANRACAQOOE2.Nntinne—2 Canenh—9 Dill TAvt—4 1. AWARD and APPROVE a Contract Services Agreement with Mour Group Engineering + Design, Inc. to provide architectural services, at a cost not to exceed $200,000.00 for a five-year term. 2. AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney. Body ALTERNATIVES TAKE another action that City Council deems appropriate. BACKGROUND The Commercial Fagade Improvement Program (“Program”) provides Carson business and property owners with matching grants to improve their storefronts and attract new visitors to the City’s major commercial corridors. Under the Program, tenants and/or property owners may qualify for a reimbursement grant of $2,500 to $25,000 for storefront aesthetic improvements. A dollar-for-dollar matching is required for amounts over $2,500. For owners of multi-tenant centers, the maximum grant is $250,000 based on a total expenditure of no less than $497,500 on eligible exterior improvements (subject to additional requirements). The Program was officially open to the public in late 2022. The goal of this Program is to facilitate commercial revitalization, stimulate private investment, preserve and beautify the commercial corridors, upgrade the physical image of the city, and to generate shopping, tourism, and a pleasant walking environment by improving the visual aesthetics of the targeted areas with enhancements in design, color schemes and building fagades through the use of the City. Over the past several months, it has become apparent that additional resources are needed to assist Program participants. Many applicants and/or prospective applicants do not have the knowledge or resources to hire an architect for fagade improvement work. Some jurisdictions with similar fagade programs have brought on architects to assist their applicants navigate through their respective programs. Moreover, according to the City's Program guidelines adopted on June 17, 2022 (Resolution No. 22-131), applicants may be provided with complimentary design services. Therefore, staff is recommending the hiring of a firm with architectural expertise to assist Program participants with the Program. Scope of Services An 6/28/23, 2:56 PM CITY OF CARSON - File #: 2023-0381 Vi. Architectural and landscape architectural assistance will be provided in connection with the City’s Program to assist Program participants in the development of concept designs and plans for fagade improvements, site design improvements related to parking lot and landscaping enhancements, and other property improvements. This service would include preliminary design suggestions, provision of architectural and construction drawings, assistance with the permitting process, and oversight of the construction process. The hiring of an Architect would also put the City in more control as the Architect’s contract would be managed by the City. This helps ensure that design improvements are more cohesive throughout and considers the larger city-wide goals and policies including the recently adopted the Carson 2040 Community Character and Design Element and the upcoming Economic Development Strategic Plan. Procurement & Selection Process Staff issued RFP No. 23-012 for design review services on March 2, 2023. The RFP was posted to Planet Bids and was also emailed to seven (7) firms with municipal experience in facade improvement: . Gensler - Los Angeles . Perkins & Will - Los Angeles s RRM Design Group - San Juan Capistrano . McKently Malak Architects - Pasadena " Withee Malcolm Architects - Torrance : Danielian Associates - Irvine . Architects Orange - Orange Two companies submitted proposals to the City: . Mour Group Engineering + Design, Inc. - San Diego . BOA Architecture - Long Beach The proposals of each firm were reviewed and evaluated based on the criteria set forth in the RFP by the selection committee. The selection committee comprised of staff in the Community Development Department and includes the Special Projects Manager, Associate Planner and Assistant Planner ("Selection Committee”). The rating worksheet reflecting the Selection Committee’s evaluation form is attached (Exhibit No. 2). In summary, the qualification-based selection process included the following five (5) criteria: 1) General Qualifications and References, 2) Key Staff, 3) Understanding the Scope of Services, 4) Quality of Proposal / Project Approach, and 5) Cost Proposal / Proposed Fee. The City’s municipal code stipulates that certain professional services are selected on the basis of demonstrated competence and on the qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price. After an extensive review and evaluation of the proposals, the Selection Committee narrowly determined that Mour Group Engineering + Design to be the most qualified and best suited to perform these services. The final qualification ranking and price is summarized as follows: ° Mour Group Engineering + Design, Inc. - San Diego (79.67) ‘ BOA Architecture - Long Beach (79.33) Mour Group has performed similar design services for the City of San Diego Storefront Improvement Program and the Anaheim Garden Walk. Therefore, staff recommends approval of a contract services agreement with Mour Group Engineering + Design (Exhibit No. 3). FISCAL IMPACT The City Council previously authorized $1,000,000 from the General Fund Reserve for the Fagade Improvement Program. The maximum not to exceed cost for the contract services agreement is $200,000. Additionally, funds were already approved for use under Account Number 101-70- 701-100-6004 (Community Development/Professional Services). EXHIBITS 1, RFP No. 23-012 (pgs. 5-49) 2. Rating Worksheet (pg. 50) 3. Contract Services Agreement (Mour Group) (pgs. 51-85) Prepared by: Jacob Collins, Assistant Planner / James Nguyen, Special Projects Manager / Saied Naaseh, Director of Community Development bag tk er 8 ttt tt 2 NIN AA NANNA ANA A ONAN OLR ACER AACA ACDANCERAQNNEO NAL ARR O0 OAR eA 0 FIT ALAA 919