The URL can be used to link to this page

Nuvis Landscape Architecture Inc - FY2023-041-01City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 (310)544-5252 www.publicworks@rpvca.gov TO: FROM: DATE: SUBJECT: CHANGE ORDER MEMORANDUM FILE ZIAD MAZBOUDI, PROJECT MANAGER December 7, 2023 WESTERN AVENUE BEAUTIFICATION PROJECT NUVIS PROFESSIONAL SERVICES AGREEMENT CHANGE ORDER NUMBER: 1 Description of Construction Change Order NUVIS will prepare illustrative exhibits comparing what Caltrans is proposing to do to the medians along Western Avenue as part of their bicycle lanes project and the City proposed beautification project. The exhibits will identify conflicts impacting the project. This change order includes one set of exhibits for review and comment by City staff and one revision. Justification After 60% plans were developed for the proposed Beautification project, Caltrans provided the City with plans to add Class 2 bicycle lanes on Western Avenue; which would impact the medians where beautification elements are proposed by reducing the width of, or eliminating medians. This requires the City to examine the impacts of the Caltrans proposed work on the City’s proposed project. Illustrative exhibits are needed for that examination, and these illustrative exhibits were not included in NUVIS original scope of work because the City did not have knowledge of Caltrans plans impacting the medians. Cost Analysis The cost to prepare the Landscape Exhibits & Presentation is $4,800.00 The proposal includes 22 hours of CAD drafting to incorporate the proposed Caltrans drawings into the NUVIS design, identify conflict areas and changes to the original NUVIS plans, prepare exhibits for the City’s management team. Proposal includes 1 revision. Proposal allows for 2 conference calls (1hr each) with Tom Munoz to coordinate with the City team. Finally, the proposal includes the development of a memo summarizing the various changes to the project. Following the review of the proposed cost, it appears to be within 10% of estimate, and hence is acceptable. DocuSign Envelope ID: F353A2EB-2186-42B6-960D-B3B555A1B97A Western Avenue Beautification Project Construction Change Order Number 2 November 15, 2023, pg. 2 W:\Vanessa\Western Ave Beautification\Draft Change Order\NUVIS_Change Order #2 Memo ZM 11-13-23.docx Schedule Analysis 7 working days was requested by NUVIS to complete the exhibits. The Project Manager’s estimate to complete the work is also 7 working days. The total impact on the overall project schedule depends upon the conflicts identified as a result of this work, and the City’s decision on how to proceed. Attachments: Professional Services Agreement Change Order Form Professional Services Agreement Change Order Summary Sheet Consultant’s Change Order Proposal DocuSign Envelope ID: F353A2EB-2186-42B6-960D-B3B555A1B97A City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 (310)544-5252 www.publicworks@rpvca.gov 8840 303-400-8840-8101 7 CO#9 Working Days CO#10 Working Days CO#7 Working Days CO#8 Working Days CO#5 Working Days CO#6 Working Days CO#3 Working Days CO#4 Working Days CO#1 $4,800.00 W orking Days 12/4/23 CO#2 W orking Days 7 Working Days CHANGE ORDER NUMBER COST AMOUNT SCHEDULE EXTENSION DATE TIME EXTENSION AMOUNT: $27,573.00 TOTAL CHANGE ORDERS COST:$4,800.00 NEW CONTRACT AMOUNT:$188,618.00 REMAINING CONTINGENCY AMOUNT:$22,773.00 PURCHASE ORDER NUMBER:20230267 ACCOUNT NUMBER:303-400-8840-8001 ORIGINAL CONTRACT AMOUNT:$183,818.00 ORIGINAL CONTINGENCY AMOUNT: PREPARED BY:RAMZI AWWAD CONTRACTOR NAME:NUVIS Landscape Architecture, Inc. CONTRACT NUMBER:FY2023-041 PROJECT CODE: PROFESSIONAL SERVICES AGREEMENT CHANGE ORDER SUMMARY SHEET PROJECT NAME:Western Ave Beautification Project DATE: 12/4/23 1 of 1 DocuSign Envelope ID: F353A2EB-2186-42B6-960D-B3B555A1B97A 1/23/2024 City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 (310)544-5252 www.publicworks@rpvca.gov 8840 1.0 0 1.0 0 0 0.0 0 0 0.0 0 0 0.0 0 0 0.0 0 0 0.0 0 7 7 NUVIS will prepare illustrative exhibits comparing Caltrans proposed improvements to the original project plans for Western Avenue. These will be prepared for each segment illustrating Caltrans median changes and how it affects ability of the NUVIS team to begin construction plans first. Presentation is included. Development of exhibits includes the preparation of one (1) set of exhibits for review and comment by City staff with one (1) revision. Review by Caltrans and Council does not include an additional revision. DATE:11/15/23 PROFESSIONAL SERVICES AGREEMENT CHANGE ORDER FORM CONTRACT NUMBER:2023-041 PROJECT NAME:Western Avenue Beautification Project PURCHASE ORDER NUMBER:20230267 CHANGE ORDER NUMBER: 1 PROJECT CODE: CONTRACTOR NAME:NUVIS DESCRIPTION AND LOCATION OF PROPOSED WORK SUMMARY OF QUANTITY CHANGES ITEM NO. ORIGINAL QUANTITY NEW QUANTITY QUANTITY DIFFERENCE UNIT PRICE PRICE DIFFERENCE ADDITIONAL WORKING DAYSDESCRIPTION $0.00 2 $4,800.00 7 Development of exhibits and memo to reflect impact of Caltrans project $0.00 $0.00 $0.00 $188,618.00 $0.00 Totals $4,800.00 7 WORKING DAYS WILL BE ALLOWED FOR THIS WORK ORIGINAL CONTRACT AMOUNT:$183,818.00 A TIME EXTENSION OF TOTAL OF CHANGE ORDER #1:$4,800.00 TOTAL OF TIME EXTENSION #1:Working Days NEW CONTRACT AMOUNT: 1 of 2 DocuSign Envelope ID: F353A2EB-2186-42B6-960D-B3B555A1B97A City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 (310)544-5252 www.publicworks@rpvca.gov Recommended: Date: Signature Contractor:Date: Signature Date: Signature Date: Signature Ara Mihranian Date: City Manager Signature CONTRACTOR NAME:NUVIS PURCHASE ORDER NUMBER:20230267 CHANGE ORDER NUMBER: 1 PROJECT CODE:8840 PROFESSIONALSERVICES AGREEMENT CHANGE ORDER FORM CONTRACT NUMBER:2023-041 PROJECT NAME:Western Avenue Beautification Project Public Works Director Perry Cardoza City: Vanessa Hevener Ramzi Awwad President Accepted and Executed by: Project Manager Except as set forth, all terms and provisions of the contract and all prior change orders remain in full force and effect. Project Manager Vanessa Hevener Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under-absorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized. Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void. 2 of 2 12/13/2023 DocuSign Envelope ID: F353A2EB-2186-42B6-960D-B3B555A1B97A 1/23/2024 1/23/2024 1/23/2024 1/23/2024 6:$FDFLD6WUHHW6XLWH1HZSRUW%HDFK&$__DFFRXQWLQJ#QXYLVQHW_ ZZZQXYLVQHW&$19_'%(6%(_25$1*(&2817<_/$69(*$6_%$<$5($_3$6$'(1$ 5HYLVLRQ5(48(67)25&+$1*(25'(5 7R 7RWDO3URIHVVLRQDO6HUYLFHV)HH 189,6 BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 3URIHVVLRQDOVHUYLFHVQRWLWHPL]HGDERYHDUHH[FOXGHGIURPWKLVFRQWUDFW$OORWKHULWHPVDQGFRQGLWLRQVRIVDLG$JUHHPHQWDUHLQFRUSRUDWHGKHUHLQLQWRWKH RULJLQDO$JUHHPHQW7KLV$JUHHPHQWVXSHUVHGHVDOOSULRUQHJRWLDWLRQVHLWKHUZULWWHQRURUDO3OHDVHH[HFXWHFRQFXUUHQFHDQGUHWXUQDFRS\IRURXUILOHV 1DPH 7LWOH 'DWH $XWKRUL]HGVLJQDWXUHWRELQGDJUHHPHQW BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 'DWH 3URMHFW &RQWUDFW 3URMHFW 2ULJLQDO 6&23('(6&5,3725),;('+285/<)(( 189,6SURSRVHVWRSHUIRUPWKHIROORZLQJODQGVFDSHDUFKLWHFWXUDOGHVLJQVHUYLFHVSXUVXDQWWRWKHIROORZLQJ RQ 5HLPEXUVLEOH3URMHFW([SHQVH$OORZDQFH 3DJHRI ✔ Ziad Mazboudi Ramzi Award City of Rancho Palos Verdes September 28, 2023 22-213.01 2221301.01 Western Avenue Caltrans Median Exhibits email 9/28/23 between Z. Mazboudi & T. Munoz Landscape Exhibits & Presentation Fixed $ 4,800 NUVIS will prepare illustrative exhibits comparing Caltrans proposed improvements to the original project plans for Western Avenue. These will be prepared for each segment illustrating Caltrans median changes and how it affects ability of the NUVIS team to begin construction plans first. Presentation is included. Development of exhibits includes the preparation of one (1) set of exhibits for review and comment by City staff with one (1) revision. Review by Caltrans and Council does not include an additional revision. P $ 4,800 Perry A. Cardoza, PLA, ASLA President 1 DocuSign Envelope ID: F353A2EB-2186-42B6-960D-B3B555A1B97A Certificate Of Completion Envelope Id: F353A2EB218642B6960DB3B555A1B97A Status: Completed Subject: Complete with DocuSign: NUVIS_Change Order #1 Final 12-7-23.pdf Source Envelope: Document Pages: 6 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 Vanessa Hevener AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 vhevener@rpvca.gov IP Address: 72.34.97.146 Record Tracking Status: Original 1/23/2024 10:19:26 AM Holder: Vanessa Hevener vhevener@rpvca.gov Location: DocuSign Signer Events Signature Timestamp Vanessa Hevener vhevener@rpvca.gov Project Manager City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 72.34.97.146 Sent: 1/23/2024 10:23:49 AM Viewed: 1/23/2024 10:24:08 AM Signed: 1/23/2024 10:24:19 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ramzi Awwad rawwad@rpvca.gov Director of Public Works City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 104.174.65.192 Sent: 1/23/2024 10:24:20 AM Viewed: 1/23/2024 11:27:00 AM Signed: 1/23/2024 11:27:17 AM Electronic Record and Signature Disclosure: Accepted: 3/2/2023 10:45:19 AM ID: 3242b72d-4755-489d-8e5f-7c62dc360470 Vina Ramos vramos@rpvca.gov Deputy Director of Finance City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 23.241.181.171 Signed using mobile Sent: 1/23/2024 11:27:18 AM Viewed: 1/23/2024 12:21:47 PM Signed: 1/23/2024 12:22:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ara Mihranian aram@rpvca.gov City Manager City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.34.113.36 Sent: 1/23/2024 12:22:32 PM Viewed: 1/23/2024 6:10:58 PM Signed: 1/23/2024 6:11:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp City Clerk CityClerk@rpvca.gov Security Level: Email, Account Authentication (None) Sent: 1/23/2024 6:11:47 PM Viewed: 2/1/2024 8:57:32 AM Electronic Record and Signature Disclosure: Accepted: 2/1/2023 3:10:58 PM ID: 505eed45-7ed0-4db8-aae6-ef6eedfef03d Lorna Cloke lornac@rpvca.gov Security Level: Email, Account Authentication (None) Sent: 1/23/2024 6:11:47 PM Viewed: 1/24/2024 8:38:16 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/23/2024 10:23:49 AM Certified Delivered Security Checked 1/23/2024 6:10:58 PM Signing Complete Security Checked 1/23/2024 6:11:45 PM Completed Security Checked 1/23/2024 6:11:47 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronicall y through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made av ailable electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM Parties agreed to: Ramzi Awwad, City Clerk Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Palos Verdes: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: terit@rpvca.gov To advise City of Rancho Palos Verdes of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at terit@rpvca.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Palos Verdes To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to terit@rpvca.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Palos Verdes To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to terit@rpvca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify City of Rancho Palos Verdes as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Palos Verdes during the course of your relationship with City of Rancho Palos Verdes. 4 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and NUVIS LANDSCAPE ARCHITECTURE,Inc. 01203 0001/835260 1 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND NUVIS LANDSCAPE ARCHITECTURE THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on December 20, 2022 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City")and NUVIS LANDSCAPE ARCHITECTURE, Inc, a California S Corporation ("Consultant") City and Consultant may be referred to, individually or collectively, as"Party"or"Parties" RECITALS A City has sought, by issuance of a Request for Proposals, the performance of the services defined and described particularly in Article 1 of this Agreement B Consultant, following submission of a proposal 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 Rancho Palos Verdes 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", as stated in the Proposal, 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 01203 0001/835260 1 intended For purposes of this Agreement, the phrase"highest 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 Proposal 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 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seg and California Code of Regulations, Title 8, Section 16000 et seg, and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq and 1810 et seq , and all other applicable laws, including the following requirements (a) Public Work The Parties acknowledge that some or all of 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) 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 (c) 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 01203 0001/835260 1 2 Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) 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 (d) Payroll Records Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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 (e) 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 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement (f) Eight-Hour Work Day Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work Consultant shall comply with and be bound by Labor Code Section 1810 (g) 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 The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) 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 8 (eight) hours per day, and 40 (forty) 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 l'''A(one and one half)times the basic rate of pay (h) 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 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract" 01203 0001/835260 1 3 Consultant's Authorized Initials . (i) 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 1.5 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 1.6 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 in the form of a Change Order 1 7 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 01203 0001/835260 1 4 1.8 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 9 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 Change 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 15% (fifteen percent) of the Contract Sum, or, in the time to perform of up to 90(ninety)days, may be approved by the Contract Officer through a written Change Order 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 Consultants 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 if in the performance of the contract scope, the Consultant becomes aware of material defects in the scope, duration or span of the contract or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the contract, on time or on budget, the Consultant shall inform the Contracting Officer of an anticipated Change Order This proposed change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and proposed schedule impacts 1.10 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 01203 0001/835260 1 5 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 $183,818 (One Hundred Eighty-three Thousand Eight Hundred and Eighteen Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1 9 2 2 Method of Compensation (a) 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, (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, and (b) 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, using the City template, or in a format acceptable to the City, 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 45 (forty-five) days of receipt of Consultant's correct and 01203 0001/835260 i 6 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 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 through a Change Order, but not exceeding 60 (sixty)days cumulatively 3 3 Force Mateure 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 10 (ten) 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 01203 0001/835260 I 7 3 4 Term & Extended 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 2 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D") The City may, in its sole discretion, extend the Term by one (1) additional one (1) year extended term by giving advance written notice thereof not later than sixty (60) calendar days in advance of the expiration of the Term 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 Perry A Cardoza President 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 the personnel included in the Proposal 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 City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld 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 01203 0001/835260 1 8 4 3 Contract Officer. The Contract Officer shall be Lincoln Lo or such person as may be designated by the Public Works Director 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 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 point 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, all subcontractors included in the Proposal are deemed approved 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 25% (twenty five percent) 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 /// 01203 0001/835260 1 9 ARTICLE 5 INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City (a) General liability insurance Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage The policy must include contractual liability that has not been amended Any endorsement restricting standard ISO "insured contract" language will not be accepted (b) Automobile liability insurance Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident (c) Professional liability (errors & omissions) insurance Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three(3)years after completion of the services required by this Agreement (d) Workers' compensation insurance Consultant shall maintain Workers' Compensation Insurance (Statutory Limits)and Employer's Liability Insurance (with limits of at least$1,000,000) (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 (0 Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B" 5.2 General Insurance Requirements. (a) Proof of insurance Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation Insurance certificates and endorsements must be 01203 0001/835260 1 10 approved by City's Risk Manager prior to commencement of performance Current certification of insurance shall be kept on file with City at all times during the term of this Agreement City reserves the right to require complete, certified copies of all required insurance policies, at any time (b) Duration of coverage Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants (c) Primary/noncontributing Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured (d) City's rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain and continuously maintain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments In the alternative, City may cancel this Agreement (e) Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager (f) Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants (g) Enforcement of contract provisions (non-estoppel) Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder (h) Requirements not limiting Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other 01203 0001/835260 1 11 requirements, or a waiver of any coverage normally provided by any insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City (1) Notice of cancellation Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage (1) Additional insured status General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies This provision shall also apply to any excess/umbrella liability policies (k) Prohibition of undisclosed coverage limitations None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing (I) Separation of insureds A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability The policy(ies) shall not contain any cross-liability exclusions (m) Pass through clause Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review (n) Agency's right to revise specifications The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant 90 (ninety) days advance written notice of such change If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation (o) Self-insured retentions Any self-insured retentions must be declared to and approved by City City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible Self-insurance will not be considered to comply with these specifications unless approved by City 01203 0001/835260 1 12 (p) Timely notice of claims Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies (q) Additional insurance Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work 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 01203 0001/835260 i 13 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 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 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 01203 0001/835260 1 14 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, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U S C § 101, such documents and materials are hereby deemed"works made for hire" for the City 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 attorney's 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 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 01203 0001/835260 1 15 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 15 (fifteen) 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 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 01203 0001/8352601 16 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 7 5 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 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 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 of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7 2 7 8 Termination for Default of Party If termination is due to the failure of the other Party to fulfill its obligations under this Agreement (a) 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 01203 0001/835260 1 17 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 (b) Consultant may,after compliance with the provisions of Section 7 2, terminate the Agreement upon written notice to the City's Contract Officer Consultant shall be entitled to payment for all work performed up to the date of termination 7 9 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, 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 01203 0001/835260 I 18 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 § 1101 et seq , 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 91 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 Rancho Palos Verdes, 30940 Hawthorne Blvd , Rancho Palos Verdes, California 90275 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 72 (seventy two)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 counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 0i203000118352601 19 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 "noninterests" pursuant to Government Code Sections 1091 or 1091 5 Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect Consultant's Authorized Initials 4". 01203 0001/835260 1 20 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) that 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] 01203 0001/835260 1 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written CITY. CITY OF RANCHO PALOS VERDES, a municipal corporation , Mayor ATTEST T resa T.kaoka, City Clerk APPROVED AS TO FORM: ALESHIRE& WYNDER, LLP ze.)424evie„ /44/1.4_Th William W Wynder, City Attorney CONSULTANT: By jW/0:7 Na a Perry A Cardoza Title President By (14027144-' //46(41-S-. Name Tom Munoz Title Principal Address 20250 Acacia Street, Suite 260,Newport Beach, CA 92660 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 01203 0001/835260 I 21 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Dra e. } On /2/13/2022. before me, JESSICA L. 4J. /,� ''A\�1(/Irr naarm d title o the ori r) personally appeared P,JTLI A. u'iozawho proved to me on the is of satisfactory evidence to be the personsa'jwhose name : dOa a subscribed to the within instrument and acknowledged to me that �.. • _ - - executed the same in'Q'her/therr authorized capacitykies}, and that by tilt: signaturefe'j on the instrument the person(8 , or the entity upon behalf of which the person(81 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 myhand and official seal � JESSICA NAYDON am, Notary Public California i ti x; Orange County ••r4i" Commission#2424475 rti,i.i My Comm Expires Oct 31,2026 No ry unature (Notary Public Seal) ♦ • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long / n -p r _-_ / Sen4kes ) *mild as the wording does not require the California notary to violate California notary � SI�I ,ax ( die or escn hon of attachocument • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which (Title or descnptton of attached document continued) must also be the same date the acknowledgment is completed • The notary public must pnnt his or her name as it appears within his or her Number of Pages 21 Document Date commission followed by a comma and then your title(notary public) • Pnnt the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e he/she/they—is/are)or circling the correct forms Failure to correctly indicate this O Individual (s) information may lead to rejection of document recording r4 CoAporatP,Offl er • The notary seal impression must be clear and photographically reproducible r ,d Impression must not cover text or lines If seal impression smudges,re seal if a Title sufficient area permits,otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk ❑ Attorney-In-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document Other Indicate title or type of attached document,number of pages and date El Other Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i e CEO CFO,Secretary) 201 1,e•sio'v wv Notar fC las•,es con,80 -d7 3-�0b5 • Securely attach this document to the signed document with a staple CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Omit } On /245/1022. before me, t;1C6S161t t•/1/2d0/), �tt ttr i611G nsert nme an U e of the fficer personally appeared 'M MLO►d z who proved to me on the basis of satisfactory evidence to be the persons whose name(Mge subscribed to the within instrument and acknowledged to me that - • - - - • executed the same in - - - authorized capacity. e), and that by - - signature.(son the instrument the person) or the entity upon behalf of which the person*,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 myhand and official seal �► JESSICAL NAYDON �r NotaryVublic GlNorma DIY-� Orange County l r' Commission R 2424475 �+ •�� My Comm Expires Oct 31,2026 Nota Pu lic Signature (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long O �.rrisAre/Pled— as the wording does not require the California notary to violate California notary 4G law rile or descnption of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notanzatron must be the date that the signer(s)personally appeared which (Title or descnption of attached document continued) must also be the same date the acknowledgment is completed ,,/ • The notary public must pnnt his or her name as it appears within his or her Number of Pages !�/ Document Date commission followed by a comma and then your title(notary public) • Pnnt the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e Ile/she/they, is/ere)or circling the correct forms Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording C porate Offjeer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re-seal if a •n�l�� sufficient area permits,otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk ❑ Attorney-in-Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document Other Indicate title or type of attached document,number of pages and date ❑ Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i e CEO CFO,Secretary) 2O1!:1,e•sio9 www N'otaryC lasses corn oil -67,--45b5 • Securely attach this document to the signed document with a staple EXHIBIT"A" SCOPE OF SERVICES I Consultant will perform the following Services A Scope of work as outlined in Exhibit"A-1 Scope of Work" II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City A Plans, specifications, engineer's estimate, base map, record drawings, and any other work products produced by completion of Work Tasks as listed in Exhibit A-1 III 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 IV Consultant shall utilize the personnel stated in their proposal to accomplish the Services, unless otherwise approved by the Contract Officer 01203 0001/835260 1 A-1 Exhibit"A-1" Scope of Work Scope of Work Task 1 Project Management/Administration Meetings The first step in the project will be to attend a kickoff meeting with the City Project Manager departmental representatives, and design team in order to discuss issues surrounding the project, design standards design direction schedule, and funding This task includes coordination and interface including, but not limited to, meetings, telephone conversations memos faxes voice mail and email with community stakeholders applicable governmental agencies' departments and project design team Designs should respond to and reflect the Communities' specific needs and desires Per the Addendum, NUVIS anticipates one (1) public meeting presentations in addition to one (1) presentation to City Council for approval of design solution Task 2 Agency and Utility Coordination NUVIS will provide the coordination necessary with governing agencies to the project site The includes coordination and services related to all utility improvements and permits required for the project BKF civil utility coordination will be provided on an as-needed basis Encroachment permit coordination will be by NUVIS and include permitting for landscape elements only and do not include encroachment permit coordination for signage (by others) civil improvements or traffic Task 3 Records Research and Field Reviews This phase includes project research through reviewing existing documents (as-builts, improvement plans Caltrans plans utility information, existing pavement section information etc ) The NUVIS team shall conduct a pre-design tour with sketchbook and digital camera to document and familiarize ourselves with existing conditions as well as potential effect on the design solution and inter departmental representatives NUVIS will develop a base map from existing aerial imagery (Google Earth for example) site reconnaissance and existing Caltrans documents If existing information is not adequate, BKF can offer a topographic aerial design base map as an optional task Task 4 Conceptual Design Phase It is during this phase that we take the lessons learned from pre-design to initiate a project vision/ strategy We take the program, explore synergies user needs community characteristics relevant historical information, and other elements described in the pre-design phase, to synthesize what will eventually dnve the final design NUVIS has included (1) Community Meeting in the scope to present concepts and gather input NUVIS will develop a conceptual landscape site plan with two (3) alternative illustrative elevations/cross sections in plan-view format These will illustrate hardscape and softscape elements including special pavement pedestrian level lighting options general landscape character site amenities and features NUVIS and BKF (as required) will explore options for reducing water usage through imgation improvements stormwater features, and biofiltration A plant palette will be developed to include low water use aesthetically pleasing plant materials conforming to local City and Water District guidelines Existing trees will be reviewed with City arbonst for recommendations to protect in place or remove The team will discuss with the City potential short-term improvements that could be incorporated into the final design solution Preliminary statements of probable construction costs will be developed for each alternative The concepts will be presented to City for feedback and updated to a Final Preferred Concept Plan NUVIS will present the Final Preferred Concept Plan (30%design plans) to City Council for approval Final Design Phase Preparation of construction documents formulates the projected elements into one (1) set of working drawings on 24"x 36'sheets at 20 scale and specifications book conforming to the City standard construction methods NPDES program/permit requirements the Standard Specification for Public Works Construction and applicable County State and Federal regulations It is anticipated LID Report is not required however BKF will provide draft and Final LID to address any potential BMPs Plans will be submitted at 60%,90%, and 100%completion for City and governing agency review and plan check Corrections will be made to plans prior to progressing to the next level of completion Electronic files of final plans will be submitted in AutoCAD and pdf format The submittal will include any research inventory plans or reports not already submitted Cost Estimates Statement of probable construction costs will be prepared and updated at the 60%, 90%and 100%stages of plan completion Electronic files of the 100%cost estimates will be submitted in MS Excel and PDF file format Specifications NUVIS will provide technical specifications for all site improvements in conformation with the latest edition of the "Greenbook" Specifications will be submitted for City and agency review at 90%and 100%completion Electronic files of the 90%and 100%specifications in MS Word and PDF file formats will be submitted Project Advertisement Services The NUVIS team is available to support the City for interpretation of plans and specifications, submitting information for addenda reviewing bid proposals and assisting with the awarding of the construction contract NUVIS has allowed for up to 16 hours during this task Construction Support Services Performance of field observation during construction establishes standards of acceptability Duties include responding to RFI and review of submittals Agreed upon site visits will be conducted NUVIS has allowed for up to 36 hours during this task Prepare Record Drawings NUVIS will submit record drawings prepared from Contractor provided redlined as-builts in order to document the project as installed by the Contractor EXHIBIT"B" SPECIAL REQUIREMENTS (Superseding Contract Broilerplate) [THIS PAGE INTENTIONALLY LEFT BLANK] 01203 0001/835260 1 B-1 EXHIBIT"C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the rates listed in Exhibit"C-1": See Exhibit"C-1"Nuvis Landscape Architecture, Inc Budget Worksheet II Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9 III 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, particularly for the allowance line item 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 IV The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant's billing rates for all personnel are attached as"Exhibit C-1". 01203 0001/835260 1 C-1 ( '1 v v I S Exhibit"C-1":Nuvis Landscape Architecture,Inc.Budget Worksheet LANDSCAPE ARCHITECTURE BUDGET WORKSHEET Nuvis Corp Pena.. Pnnapal SAssoaO. Asso00. CA014C91 CAD AOmrn0250. Td., svm SUBS(Me) 1 SOBS talo Proi•cl.RPV Western Av.nu.4.aennconon Nota by 1001 CD D44e. Taal 3 Prow S labor D.scnphom $210 4 5160 5165 5150 5160 5130 5100 Pnwe t.. BRE ErSimmt. Gras. EM PROJECT MANAGEMENT/MEETINGS $ 12.763.00 $ 4755.00 1 7135.00 5 16,00100 1Sae Visit 12 $ •'770.00 $ 1.770.00 1 Proi..l moo:pem.0,INUVQ onMt3 7 013.00 $ 7.013.06 Pub40 444.iys(21(1 cpnmvNry/1 0oun05) 12 5 2.520.00 $ 2,520.00 Project Despn tow.41..1602 Mh City 115%,60% 90%.100%morn om mM1000 0 per% $ 1.440.00 1 1.660.00 •AGENCY a SMUTS COORDINATION $ 9,5.000 3 '230.00 3 1.230.00 $ 13170.00 U12Rv Coord6olon 9644..0.,Gonad,Coartl6rnel 8 y 1,320.00 3 '320.00 •CO M.,f CO,C0ardratan(Review,Conks, CoOrdPoO1bn16 16 $ 2.660 00 $ 2 6..00 • , Caltrrns Encroachent Pvx mR l landscape Encroaches.. vnprovem.nls only.DOM n01 Poch,.cal.Iratle a s10ng7.encroa0 r7.nl 000..07.3na pm R .a Mat most be re. . porn!, 20 35 y 6,000.00 3 6.000.00 • RECORDS RESEARCH 1119118' S 19,50.00 i 935.00' 3 ii 0 5 21,01000 Recn.4s1.10 Da1a/Docvmenls war '6 20 $ 3,360.00 3 3,360.00 51Fi.ia ./ invepipo0n(77010 ropn2 6 28 $ 1120.00 3 1120.00 w Map' 16 ha21 $ 3.780.00 $ 3.78100 6venlco dada. 0 . 32 3 6.640.00 3 4,440.00 Papa*I.44 Condition 44mo 12 0 4 16 5 3.880.00 5 3,660.00 CONCEPTUAL DESIGN ASE 5 12.66000 _ _ _... 1 2,350.00 $ 14,91000 " PH Cont..D.YOn.Rh 2 dlvno1000 68 64 0 9,240.00 $ 5.240.00 1 Fn.Pre..Cont..D82pn . 20 44 0 3.320.00 $ 3.32.00 71601 DESIGN PHASE 5 76,74000 5 4'0 F 3 515.00 $ 07,28000 4 paTI and POO NPDES Technical and D..T. DonwnN 1 4 $ 720.00 0 720.00 n 1602 Pion Submittal 47 62 -_ 304 $ 45,030.03 $ 45.000.00 190%P1on Salm.. 4 _2 27 -. 154 $ 22,530.00 , $ 22.530.3. 1100%Pan Sobel. , c B 52 0 7.490.00 0 7,495.00 COST 151141046 $ 7.77073 0 1 765440. $ 4.09003 t COO E./IOW060% 2 1 E./IOW 12 $ 1.630.00 $ 1.630.00 COO Estimate.al 2 4 6 5 85000 $ 830.00 +Cdl EAlnoes a 100% 2 s 4 5 83000 0 850.06 'RECORD NAVAHOSy 7.17000 1 -I. 3 1,170.00 $ 6150.00 5.4.1110 Mans a1 60% 4 4 B $ 1.060.00S (.040.00 Spec Rx:Ooru 3190% a / B 3 1.060.00 , 5 (.060.00 r 0000860bn30 100% 4 4 8 0 1.060.00 0 1.040.00 bi PROJECT ADVE1111SEM667 SERVICES S 210000 1 3 010 00 5 3,30.00 .PROJECT Servk.s dun,dun, d phase 0 12 16 1 2.700.00 3 2,700.00 C0N511OC710N SUPPORT 50800:15 r $ 644000 1 -. s 020 J0 9 7,05000 .Pro4ponai services dump Co...Oars phase • -4 3 3.660.00 y RECORD DRAWINGS S 7.00000 5 sr-- 3 (5 00 9 4,19000 Record DravdsQs 1 5 22 0 3,000.00 0 3,000.00 704111207.by Cap34 115 244 M 0 434 1{ 909 00.07 Pro/eel Experpe Allowance $ 000.80 AHovonc. 5 50000 • 1041 ProMubnal 1M _ _$ 7,560.00 5 20.700.00 3 40.26000 S 11.70000 5 • 5 66,42000 S 1,60000 $ 148,7810 S i 10000.00 5 26,06400 5 183.016.00 20250 Acacia Street. Suite 260, Newport Beach, CA 92660 I 714.754.7311 I accounting@nuvis.net I www.nuvis.net I CA 3943 . NV 1097 I DBE . SBE Revised: November 29,2022 BKF BKF No.20221511-10 Nuvis Perry Cardoza-President Newport Beach Studio 20250 SW Acacia Street,Suite 260, Newport Beach,CA 92660 Transmitted Via Email Subject: Western Avenue Beautification Median and Parkway Project Rancho Palos Verdes, CA As - Needed Civil Engineering Proposal Dear Perry: BKF Engineers welcomes the opportunity to submit this proposal for as needed Civil Design services associated beautification of the Western Avenue corridor(from Peninsula Verde Drive to Summerland Avenue), located in the City of Rancho Palos Verdes, California. As discussed in our scoping meeting with the City of RPV the other day,there appears to be limited civil engineering scope of work for this Project. The City anticipates obtaining current topographic surveying and utility information from Caltrans who will be constructing a pavement overlay project soon on the corridor. BKF proposes to support the Nuvis Team on the Project. Due to scope of work being undefined at this time(if any), BKF proposes to provide civil engineering support services on a Time and Materials basis using the attached 2023 BKF Rate Schedule(Exhibit'A'). If the need for BKF services arise, BKF will work with the Nuvis Team to define a scope of work and associated fee and gain approval prior to commencing any work. We appreciate the opportunity to support the Nuvis Team on this Project in any capacity. We are proposing an estimated budget of$10,000 as an allowance for any as-needed services that arise. Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project. Please contact me at 949.526.8465 if you have any questions regarding our scope of services. Sincerely, BKF Engineers eAlliP11;00,00, Chris Rideout, PE Principal/Vice President Enclosure: Exhibit A—BKF 2023 Rate Schedule BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 1949.526.8460 October 18, 2022 EXHIBIT'A' BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE EFFECTIVE MARCH 28, 2022 CLASSIFICATION HOURLY RATE PROJECT MANAGEMENT PrincipalNice President $272.00 Senior Associate/Vice President $244.00 Associate $237.00 Senior Project Manager I Senior Technical Manager $237.00 Project Manager I Technical Manager $231.00 Engineering Manager I Surveying Manager I Planning Manager $213.00 TECHNICAL STAFF Senior Project Engineer I Senior Project Surveyor I Senior Project Planner $198.00 Project Engineer I Project Surveyor I Project Planner $174.00 Design Engineer I Staff Surveyor I Staff Planner $151.00 BIM Specialist I, II, Ill $151.00- $174.00- $198.00 Technician I, II, Ill, IV $144.00- $153.00- $168.00- $181.00 Drafter I, II, Ill,IV $113.00-$124.00- $134.00- $149.00 Engineering Assistant I Surveying Assistant I Planning Assistant $94.00 FIELD SURVEYING Survey Party Chief $198.00 Instrument Person $170.00 Survey Chainperson $127.00 Utility Locator I,II, Ill, IV $103.00- $146.00- $175.00- $199.00 Apprentice 1, 11,111, IV $78.00- $105.00- $116.00-$123.00 CONSTRUCTION ADMINISTRATION Senior Consultant $259.00 Senior Construction Administrator $225.00 Resident Engineer $167.00 Field Engineer I, II, Ill $151.00- $174.00-$198.00 PROJECT ADMINISTRATION Project Coordinator $126.00 Senior Project Assistant $109.00 Project Assistant $96.00 Clerical I Administrative Assistant $81.00 Expert witness rates are available upon request. Subject to the terms of a services agreement: • Charges for outside services,equipment,materials,and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%.Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts. • The rates shown are subject to periodic increases, including January 1st of each year. BKF ENGINEERS • nuvis LANDSCAPE ARCHITECTURE sx.moBUDGET WORKSHEET /11716 NAME NAME Fn �� Mndp00 CAD 061rht he SUSS the/ I SUSS 10000 Project CI... 7dd SRV--Western*reeve 2D 5.epn,,,w,Dale 550005.PE Capt PernalM Peno7.,ef CMYai)h00 Rapt hew. idle Kabala Mow.by TOM 15M 5 Phase 3 labor Desc,lpRa. 510E 5106 30 50 545 S0 SAS Ph. he Pw MIOIECT MANAGEMENT/MEEMIGS 5 236500 $ • $ - 3 - S - $ • $ - 5 2565.00 SNe bink 4 4 8 5 80.00 $ - $ - S - 5 - $ - S - $ 840.00 Project 080059rnent IMAM on137 $ • $ - $ - $ - 3 • $ - 3 Publep4171 fl commute,caancte 3 3 e 3 630.0 3 - $ - $ - f • $ - S _S 470.00 ' 4c MeeProject Design Teem besting,wee CNy 11 1%.60%. 906100%/ 4 4 1 9 3 665.00 $ - $ - 3 • 3 • 3 - 3 - 3 885.00 AGENCY a IRMO COOMINATION $ 1.230-00 $ - $ - $ - S - $ • 5 - 5 1.730-00 73111y Coatlnolion Men/h.Cea,05800063.1 0 2 8 5 720.00 $ - $ • 3 - S - 3 - 5 - $ 72000 Conrons Coordrolbn fhb.,.Contact. Coordination 1 1 3 $ 255.00 $ • $ - $ - $ - $ • f - 1 255.00 Colleen Encroachment Pen/ 2 1 3 $ 255.00 $ • $ - $ • 3 - $ - 3 - f 255.00 RECORDS RESURCN I.SWIM 5 1.136.30 S • 3 - 3 - 3 • $ - $ - S 1.135.00 Remy,. Dots/Docvrewks 8 8 $ 80.00 $ $ f - 3 - 3 - 3 - $ 800 00 'sM/71eb invelisplbn/PnatOpaphl a 8 3 840.00 $ - $ 3 - $ - $ - 3 - $ 640.00 'ease Maps 3 - s - 3 - s - 3 - 3 • 3 - 3 ventory Mode, 3 - 3 - 3 - 3 - S - S • $ - 3 - Prepae Feb Corditian Memo - 1 $ 255.00 S • $ - 3 - f • $ - 3 - 3 255.00 ACONCEPTUAI DESIGN MASE 5 2500.00 $ $ - 3 - $ - 3 - S • 5 2350.00 'Concept Design y Stn 2 dlandh-es 4 4 14 20 $ 1.500.00 $ • $ • $ - $ - $ • $ - $ 1.540.00 Ana Preferred Concept Deegn 2 2 0 10 $ 810.00 0 - 3 - $ - $ - 3 - $ - 5 810.00 SINAI DEIGN MASE S 11.51500 $ - 3 - 3 - 3 - 5 •� $ - 5 11.51500 tdon and End 715013 7acnr.cd and Dee,Doc, s - $ - S - S - 3 • $ • S - $ '6011 Pbn SWmind 4 11 55 71 3 5,255.00 $ - $ - 3 - 3 - $ - 3 $ 5.255.00 .901 Pbn Submittal 4 8 40 50 $ 3.050.00 $ - $ - $ - 3 - $ - $ - S 3.650.00 100.P.m Submittal 2 8 14 34 $ 2610.00 $ - 3 • $ - 3 - 3 - $ - $ 2610.00 COST ERMATES $ 74500 $ - $ • 3 - $ - s - 5 - 5 74500 Coe Eemae,of 6013 2 1 3 $ 255.00 $ - $ • $ - 3 - $ • $ • 3 255.00 Coe Eemore,of 90% 2 1 3 $ 255.00 $ - $ • $ - $ - $ $ - 3 255.00 Coe Eeenda al 100%, 2 1 3 $ 255.00 f $ - $ - $ - 3 • $ - $ 255.00 RECORD DRAWINGS 5 7.170.00 3 - $ • $ • 3 • $ - $ - 5 1.170.00 Specific/71.1s at 605 1 8 $ 72000 $ - $ $ - $ - $ - 3 $ 72000 'SpeciSpecificationsatat 90% 4 2 4 $ 70000 $ - 3 - S - $ - 3 - 1 $ 300.00 'Spec17iw7io76 of 100% , 1 2 $ 150.00 $ - $ - 3 - $ - 3 • $ - $ 150.00 PROJECT Abe ERDYAIENT SERVICES S 13000 f 3 - S - 3 - $ • $ - 5 03000 Ptchaani Senecas dueq nd pose 4 4 2 10 3 930.00 3 - $ - $ - 3 - $ • 3 - $ 930.00 CONARUCTION SUPPORN SERVICES S 1.420.00 3 - 3 - 3 • 3 • 3 - 3 • 4 1.470.00 Protest...Services dung Ca+en,cfon phase 12 8 3 1,62000 RECORD DRAWINGS S 1.11503 $ - 5 - S - 5 - 3 - 3 - $ 1.185.00 Recall dwep4 6 a 1 ,5 f ,.195.00 3 - 3 - 3 • 3 - 3 - 1 - 3 1.19500 ' 70000 Sous M Cap, S5 82 0 0 1477 0 25 260 Obecl Proles/b penes Allowance 5 - 5 • $ - 3 • 3 • 3 - S - ' Uhl thieannd he 5 177500 5 8.410.00 S • 5 - s 1555.00 S - S 7.12500 5 25.01500 S • 5 - 5 - 5 - 5 • s 5 2306,00 20250 Acacia Street, Suite 260. Newport Beach. CA 92660 I 714.754.7311 I accounting®nuvis.net I www.nuvis.net I CA 3943 . NV 1097 I DBE . SEE EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule: A. See Exhibit"D-1"Consultant Proposal H. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203.0001/835260.1 D-1 - ' - .t..-,.,-, ,.... ..- ..'i4:-•--,. :..• .'' • .„......e•-:-.0*,..• , ,,-,...,. •,-4,-. 10 -1, :, ,,,3 ---- ', 1...! .‘"1'il ' . g -''' ' 1.,..%••• ' '''' ' ''.i .,,, '-'Llt • 1 -"It-1111 ' ..- . '7.71744‘s ' - - .•• . .... _. .• . - Avi.,--,...„,..c.....-, -A - - . . • .-i• .-•-,--,•.: r) uvIs _ ., . ... h. tkr : .•,... ,,-,4 .•.- 0 - ',.. . - - I , , . ,Jor. ::. i, A:.%.i.ii.,:, I 7 i - • -, / ,7-__ , j, .....\,\ megam.: r-. ' LANDSCAPE ARCHITECTURE ' Y,'-.4.-----WL 41, • .- I •,-r- 7 . , 4i ,.... - .• • J,:_., ,. • • - . . INIP n7 .. .... ;.4. 0 1111111L1 ' •. , '•••••• ... '"L•o ;* " • , ,. .. . II -' ...' .. • • . iiiii4j- 01:45r7.00, i _L... . .... ......,. ... .. . ,,,.. . • . . 'e 1, ....‘ !"...•'_ 'I, . • -• , - YEARS ...4 .... _ ., . .ok.. :-...: :,., .A.t• ..„, ,.,',,i'. , . IF -••' • .I ,..%rAr 'NI''':''"::..'";.!'.•; - .1.i , '1.,,,,,l''., •-•.„ -', PROPOSAL 'or'. •6 ,-4.'t. of ' ' - -' -AA . • . ----- ,4„,„--, ,,,..• -,-. ,-:. • i .-- . ,.,,a? ,.. .: SUBMITTAL . ; • . . 1.• CITY OF •— . •• .1. .7-7-•• • .t'- _- , - •• .4,,.. , .- ",.._-....,-:.:.,._.:...,,i........, ..,--;:z. c 'V" ' '•,, " nt„,.,,,',,,:.,,, --- - - •. ••- --•• ,:._ • .'-'s.'"," )••'-jt—v-•:--•-ft- 4.:n."......!-,-- 't *-4--.4" i • - •-.0 — • .`. " . .:1k . •-51"•Ii. '-',. — , •••.4 1,t . - RANCHO , .• s,:,—...•.4: ... ; i . 1• ,----' Liel '...--_ 4: PALOS VERDES ,•,..•::....-,..0.•-•.,.,,.:.t..,,,.-,,,g:-.... ,. ,. ,\ , ., .,..,.. ....; _,.. .,-,- f. -;,1--.,0, • . -‘-si•I ..1,. . , ___ . ,___,1 , . : - .. . '....1 ; - •i• — ''-i• t — — 11 — • •,.f .i.te,-4 :•, ..-4,- •• .... — - -s./.. let... . :-;'• .. • .11, .01,! - .. P ,, i..7-1 • _ - igl PUBLIC WORKS 1 ...... 0. ....„ •• . ...,....i.,...1.:, ---- - DEPARTMENT - i. .,- :•11 ... I , ,.. , .- . _.- .. . _ .„4.--..—...,..._11 7 -- . .-, . WESTERN AVENUE a4 • '-';-.'4,.v:.-., .' '0-:... .-:- -.- BEAUTIFICATION . ,- -.,.:.1- , .44._ OCTOBER 21, 2022 .. ...: .414. i ,,. ,,.A... • , :or , .--.,. '. L.- -'---..':,•,'N'A`i4.!‘-„,...r.,,.. .,'!,',.04A.'440., . \ ,r• ,.,-,1•=,... . • ':,..,:;''.i(7 ii, ....'2"ji ,-.7.--1'..,, ,lr,......' ip.'• Alf, 4 .A'Af'. ( 'i'......' . 11r,'hic,'-',..,::',4'4....'.',, .. ... —- • . - ' ..:-.-• -, .... , . •,,e, .,. •!•:,A1.,,, Li i_r -., .; .,•.',,„,. , . , •. r":f, .- . - . ..,••• •,,,:.1 -.‘,......);j,!,,,,;14'.,,e• 1..) it 1 5141130,A. ' • / ,, ..V. AV. • ' . 1--.s---2. . i . . .. . . . , az-- J, ; -4//;%• i if,A•-,•;•,..,...400 . :=,4,,$:...,,,.,.. 4,1-ff..t-.1_.„,...... 1- :i.,kei:,,.,,,.,. ,,,,,14 , • ),V , •r fl (ar . :Iivil rii't 'V ISI It ,t•.I. 0. •,6„,_. lie.1 i•T •,,,- t','..„.1q-7/0‘ ,t'leiN-;.-:;.-;-.'-' -•• 4-•.'",---' •- ,.(_, : T..)te',..VP •., ;N .:.' %,-A4i1 :CI f'-i,:vS1,4•', ,/,`:r.- . ;... 1 • 't-, 4p.h.'„a k‘4:A.7.-i., ,-,,, .42.7',.,-„,. r_ c:.,...c *4‘- FOA i . s. • '.- , ,. . . '.. 4' .. 1.,...,0,•,.•, 4. AK 1 %,',:g ,,. 4,4;, ‘.-•.,,,,) 4,,e,, -,.,, - . ,, ,....., ‘v,c,..... ,,fr.:.,,,,6f.g,,..,4,-,,I, ;- I • -_ .. ..i,' ,...11 Pk:,1-'A i.,'N;';. ,, 4f ;y.4'. ,,•'s 4 * ( .- A;.;,!,,...i'i,.- ',I- .',.' 1.• ',. •-it i„ .4.., ,•:•.•t,/, (,, ,,• • . ,,,, ,e. *' s '14./4'4:''$i :' Ur' ..;- .. .. .. .,..4.., -,,,.. , ,,,..4, ' lipAJ.g.,f4.:. .,- • I -k..' -._.4.,.4,;„%l:-vi ' '` - -. - ----;e:, -r /__-:, 1—...---__..;;- fr./• .! 1.-'.1 • •'••'... •' v . ...'. Oil, --— • IIF r . :- — , . . ___ IN wol • . 1111 IIIII . • ,, ,. • - • . .,.•=1 .- ..,,, • r ,. , . ,_, , ch • . - design _, . . 3 T--.- • ‘ :'. • t4* - - ." . •- '''''.- __ -qt 4f .. fr.-4L; .. IP'. ''._ • oink .•--. .411 -,..--.%--- -:5-:,..i, '',' ' .c.16.. - ••• ' I.: .-.:_-.,,, ...' 4. - ':-. :;• , . • -. I - - 14-' •/'•/,'• . . ilddillow •-11,--: . . - .... . *1, ,•-•4.•- _ .4. 40 Exhibit "D-1 ": , Consultant Proposal ..,. ..w.a....... contact@nuvis.net — .. p,,,,,,„, --.• - ...., :,..-.. .-'.:'•?;! . iIV. 1 nuvis.net 1 ---- , , . , rare- • - , r. 'I?' -.AMP . • •'•-• • ''''"1, • • • - " ---.,5' •-,, ;, 1.— - ' ' 1.-• , ;. nuvis LANDSCAPE ARCHITECTURE Cover letter October 19, 2022 Ziad FOR/Ramzi Awad, Public Works Director City of Rancho Palos Verde 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 RE: Proposal for Western Avenue Beautification Dear Ziad, Thank you for the opportunity to prepare a proposal in consideration of the Western Avenue Beautification project. NUVIS has received and reviewed the QA from the City and Addendum 1. Per the RFP NUVIS submits the following information: NUVIS is a landscape architecture professional services firm. We currently operate with a staff of 17 full time employees including 6 licensed landscape architects, 7 landscape design professionals, and 4 administrative personnel. NUVIS, 20250 SW Acacia Streets, Suite 260, Newport Beach, CA 92660, 714-754-7311 Main Contact for Contracts: Perry A. Cardoza, PLA, ASLA 714-754-9680, ,_:ca nuvis.net Main Contact for Project: Tomas Munoz, PLA, 714-754-9679, 'munoz€nuvis.net With over 50+years of landscape architecture experience, NUVIS has had the opportunity to work alongside many public agencies to achieve goals of beautifying, creating a sense of place, and providing visual traffic calming measures through the landscape. The project area of Western Avenue from Summerland Avenue to Peninsula Verde Drive offers a tremendous opportunity to beautify and express the culture and history of the City through use of plant material, themed site amenities, and lighting improvements. In an effort to educate about water conservation, this 2+ mile corridor also can be used as a demonstration garden. The City can help educate the local residents and business owners of sustainable design options through low water use, aesthetically pleasing plant materials. The incorporation of stormwater control measures such as bioswales and permeable materials will help prevent runoff and increase safety for motorist, cyclists and pedestrians. Recycled materials can offer interesting options for site amenities too. The team assembled herein, NUVIS, BKF, and CD Design Group, has worked together on many streetscape projects in the past and currently are teamed on a variety of projects for Southern California agencies. As a team we understand the processes required in order to achieve a seamless design process and smooth plan checking resulting in a successfully constructed project. Our team also understands that the community is eager to see change along Western Avenue. We will work diligently to develop a design solution which can offer short term beautification as well as long term improvements. 20250 Acacia Street,Suite 260,Newport Beach,CA 92660 I 714.754.7311 accounting@nuvis.net www.nuvis.net CA 1891.NV 396 I DBE.SBE 1 nuvis LANDSCAPE ARCHITECTURE We believe our team's relative experience in similar projects, excellence in design, and familiarity with the City make us an excellent candidate for this project. We look forward to working with the City to improve Western Avenue for the City, residents, business owners, and visitors to Rancho Palos Verdes. Team NUVIS Subconsultants includes: BKF Engineers Civil Engineering,Survey CD Design Group Electrical Design NUVIS is a State of California 'S' Corporation founded in 1971. NUVIS, firm number 658885,is registered with the State of California and per bizfileonline.sos.ca.gov, is in good standing. NUVIS Officers & Contact Information: Perry A. Cardoza, PLA, ASLA President/Treasurer pcaracza ariuvis.net Robert W.Stone, PLA, ASLA Executive VP/Secretary 'stonesnuvis.net NUVIS and our subconsultants are unaware of any conflict of interest in performing the proposed work. Sin r ly, 11 Perry A. Cardoza, PLA, ASLA President 20250 Acacia Street,Suite 260,Newport Beach,CA 92660 I 714.754.7311 I accounting@nuvis.net www.nuvis.net I CA 1891.NV 396 I DBE.SBE 2 Table of Contents Approach to Scope of Services 4 Task 1: Project Management/Administration Meetings 4 Task 2: Agency and Utility Coordination 4 Task 3: Records Research and Field Reviews 4 Task 4: Conceptual Design Phase 4 Final Design Phase 5 Cost Estimates 5 Specifications 5 Project Advertisement Services 5 Construction Support Services 5 Prepare Record Drawings 5 Project Manager 6 Organizational Chart 6 Availability 6 Staff Qualifications and Experience 7 Relevant Project Experience 7 Subconsultant Team Information 8 Staff Qualifications 8 Reference Projects 9 Schedule 10 Quality Control Plan 11 Acceptance of Conditions 11 Appendix 12 3 Approach to Scope of Services Team NUVIS agrees with the scope of work and deliverables as stated in the RFP. The following is our approach to providing the requested services for 2.1 miles of streetscape and median improvements along Western Avenue from Summerland Avenue to Peninsula Verde Dr. Task 1 : Project Management/Administration Meetings The first step in the project will be to attend a kickoff meeting with the City Project Manager, departmental representatives, and design team in order to discuss issues surrounding the project, design standards, design direction,schedule, and funding. This task includes coordination and interface including, but not limited to, meetings, telephone conversations, memos, faxes, voice mail, and email with community stakeholders, applicable governmental agencies' departments, and project design team. Designs should respond to and reflect the Communities' specific needs and desires. Per the Addendum, NUVIS anticipates one (1) public meeting presentations in addition to one (1) presentation to City Council for approval of design solution. Task 2: Agency and Utility Coordination NUVIS, BKF and CD Design Group will provide the coordination necessary with governing agencies to the project site. The includes coordination and services related to all utility improvements and permits required for the project. BKF has included one day of potholing (up to four locations). Additional potholing at option fee on fee schedule. Task 3: Records Research and Field Reviews This phase include project research through reviewing existing documents (as-builts, improvement plans, Caltrans plans, utility information, existing pavement section information etc.).The NUVIS team shall conduct a pre-design tour with sketchbook and digital camera to document and familiarize ourselves with existing conditions as well as potential effect on the design solution. and inter departmental representatives. NUVIS, BKF and CD Design Group will develop a base map from existing aerial imagery (Google Earth for example), site reconnaissance, and existing Caltrans documents. If existing information is not adequate, BKF can offer a topographic aerial design base map as an optional task. Task 4: Conceptual Design Phase It is during this phase that we take the lessons learned from pre-design to initiate a project vision/ strategy. We take the program, explore synergies, user needs, community characteristics, relevant historical information, and other elements described in the pre-design phase, to synthesize what will eventually drive the final design. NUVIS has included 11) Community Meeting in the scope to present concepts and gather input. NUVIS will develop a conceptual landscape site plan with two (3) alternative illustrative elevations/cross sections in plan-view format. These will illustrate hardscape and softscape elements including special pavement, pedestrian level lighting options, general landscape character, site amenities, and features. NUVIS and BKF will explore options for reducing water usage through irrigation improvements, stormwater features, and biofiltration. A plant palette will be developed to include low water use, aesthetically pleasing plant materials conforming to local City and Water District guidelines. 4 Existing trees will be reviewed with City arborist for recommendations to protect in place or remove. The team will discuss with the City potential short-term improvements that could be incorporated into the final design solution. Preliminary statements of probable construction costs will be developed for each alternative. The concepts will be presented to City for feedback and updated to a Final Preferred Concept Plan. NUVIS will present the Final Preferred Concept Plan (30%design plans) to City Council for approval. Final Design Phase Preparation of construction documents formulates the projected elements into one (1) set of working drawings on 24"x 36"sheets at 20' scale and specifications book conforming to the City standard construction methods, NPDES program/permit requirements, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations. It is anticipated LID Report is not required, however BKF will provide draft and Final LID to address any potential BMPs. Plans will be submitted at 60%, 90%, and 100%completion for City and governing agency review and plan check. Corrections will be made to plans prior to progressing to the next level of completion. Electronic files of final plans will be submitted in AutoCAD and pdf format. The submittal will include any research, inventory, plans or reports not already submitted. Cost Estimates Statement of probable construction costs will be prepared and updated at the 60%,90%and 100%stages of plan completion. Electronic files of the 100%cost estimates will be submitted in MS Excel and PDF file format. Specifications NUVIS will provide technical specifications for all site improvements in conformation with the latest edition of the "Greenbook". Specifications will be submitted for City and agency review at 90%and 100%completion. Electronic files of the 90%and 100%specifications in MS Word and PDF file formats will be submitted. Project Advertisement Services The NUVIS team is available for interpretation of plans and specifications, submitting information for addenda, reviewing bid proposals and assisting with the awarding of the construction contract. Construction Support Services Performance of field observation during construction establishes standards of acceptability. Duties include responding to RFI and review of submittals. Agreed upon site visits will be conducted. Prepare Record Drawings NUVIS will submit record drawings prepared from Contractor provided redlined as-builts in order to document the project as installed by the Contractor. 5 Organization and Staffing Project Manager Tomas Munoz PLA will be the point of contact and Project Manager for this project handling all day-to-day business communication and providing technical oversight of the landscape PS&E. With over 44 years of experience in similar projects for public agencies,Tom will provide all coordination and interface with City and Team members to ensure a seamless project. Organizational Chart NUVIS J.G. Baz Landscape Design/Technical NUVIS Documents-35% Q P.Cardoza, PLA,ASLA Landscape Architecture Principal in Charge- 15% L- N Q O Landscape Architecture BKF S.Amparo, PE, QSD U CL Civil Engineering&Utility Coordination- NUVIS O 25% — T.Munoz, PLA R.Chung, PE QSD/P,CFM,ENV SP, rProject Manager-30% ASCE U NPDES Technical Documentation-25% Landscape Architecture Q D.Thresh, PLS-25% Civil/Survey CD Design Group D. Karjala, EE Staff Engineer-35% C. Karjala Project Principal-Electrical-30% Electrical Design The Project Manager and Key Personnel indicated above will remain assigned to this project through completion. Any change will be discussed with the City prior to replacement. Availability The NUVIS team is prepared to begin work immediately with appropriate resources allocated to meet the desired time frames and deadlines as they arise,without any known conflict of time or interest as of the date of this response to the Request for Proposal. Estimated average weekly availability indicated in organizational chart above. 6 Staff Qualifications and Experience Relevant Project Experience With the vision to make a difference, Robert R. Cardoza, FASLA and Peter R. DiLallo, ASLA joined together in Costa Mesa, California and opened for business as a partnership to provide landscape architecture in April of 1971.The principals expanded the company with an office in Northern California in 1981. Currently NUVIS has a presence in Northern California,Southern California (Newport Beach and Pasadena), and Las Vegas, Nevada. Originally formed under Cardoza DiLallo Associates, the name changed in 1984 to Cardoza DiLallo Harrington and finally to NUVIS "nu visions" in 1993. NUVIS is a State of California S Corporation and certified D/MBE, SBE and VSBE. Since 1971, NUVIS has provided a wide range of services from idea generation, community facilitation, and site planning through preliminary design, PS&E, and construction to field observation for a number of public spaces for city, district, county, state and federal agencies; several which have been awarded with industry honors for our clients. NUVIS' transportation related projects include development and improvement to streetscapes/parkways, medians, transportation corridors, intersections and interchanges, greenways and channels, plazas and paseos, roundabouts, parking lots, and multi-purpose trails. Due to recent water restriction mandates, NUVIS has been instrumental in aiding various public agencies in modifying existing streetscapes to reduce turf and decrease water use by developing sustainable planting and irrigation design solutions. These types of projects are not new to NUVIS and remain a top priority as we seek to diminish the use of-and protect our natural resources. Our design ideology focuses on integrating sustainable design principles such as aesthetically appealing low water use/drought tolerant plant material, options for high efficiency irrigation systems, solar products, use of recycled water and materials, and opportunities to capture water run-off through use of a variety of methods and materials. Relevant projects include, but are not limited to: • Applied Medical Corporate Campus Bioswales (Rancho Santa Margarita) • Newport Beach 32nd Street Improvements • Compton Central Avenue Median Improvements • Tracy Corral Hollow Road Improvements • San Ramon Bollinger Canyon Widening and Medians • Lake Forest El Toro Road and Jeronimo Road Medians and Parkway Improvements • Fountain Valley Turf Reduction Master Plan • Glen Loma Parkways and Medians • Inglewood La Brea Improvements • Downey Lakewood Boulevard Improvements • La Palma Median Improvements • Los Angeles County Green Streets Master Plan • Laguna Woods Moulton/EI Road Medians • Laguna Woods Moulton Parkway • POLA North Gaffey Phase 2 Improvements • POLA Front Street Improvements • Downey Paramount Boulevard Improvements • Costa Mesa Placentia Streetscape • OCTA Santa Ana Gardens Bikeway • Las Vegas Skye Canyon Master Planned Community Parkways and Medians • Tustin Irvine, First, Newport Blvd Medians • Tustin Meadows Sycamore Medians • Newport Beach West Coast Highway NUVIS landscape architects, as team integrators, provide broad knowledge and leadership skills that allow coordination of projects to develop by composition (not a single component). We use a multitude of resources, continually merging contemporary design themes with sophisticated land use planning, and an awareness of the traditions of centuries of planning and design. Subconsultant Team Information BKF Engineers Civil Engineering,Topographic Survey Since 1915, BKF Engineers earned a reputation for its ability to successfully plan, design, survey, and implement complex projects. We draw upon and utilize our experience diligently guiding projects from the initial due diligence and feasibility stages, progressing project designs and permitting approvals, and concluding with construction and implementation.This proven approach recognizes that developing dynamic projects is informed by focused team collaboration, mitigating physical constraints and potential risks, and balancing designs goals with value engineering solutions. BKF Engineers is currently working with the City of Rancho Palos Verdes as the Landslide Program Manager providing project and construction management services. In addition to working directly with the City, BKF has over 107 years providing Civil Engineering and Land Surveying services on projects similar to the Western Avenue Beautification project including Pine Avenue Streetscape in Long Beach, CA.The goal of the Pine Avenue Streetscape Improvement Project was to improve the area around Pine Avenue in downtown Long Beach.The City of Long Beach was committed to improving connections to Pine Avenue from nearby neighborhoods, destinations, transit stops and parking lots.The design solutions focused on streetscape improvements including improved sidewalks, pedestrian-scale lighting,street trees and related landscaping, decorative hardscapes, public art and a palette of street furniture that provides a desirable identity for pedestrians, bicyclists, and drivers. CD Design Group Electrical Engineering It is my pleasure to introduce CD Design Group. We are a Costa Mesa-based S-Corp providing electrical engineering services nationwide. Incorporated in 2004,we are licensed in 45 states with an array of experience in park design including urban and riparian corridor renewal, local and regional multi-use and sports parks, hospitals/healthcare environments, and a multitude of other projects. We maintain one million dollars in Errors & Omissions insurance,with certificates available for two million as required.To date,we have not received a claim and we have no pending litigation of any kind. We are uniquely positioned to devote 100 percent of our resources to projects throughout California. Please refer to our resumes for experience and qualifications. Staff Qualifications Please see Key Personnel Resumes in the Appendix. 8 Reference Projects Please see the project collateral sheets in the Appendix inclusive of reference/contract information for the following reference projects: Central Avenue Street Median Rehabilitation City of Compton NUVIS Key Personnel: P. Cardoza, PLA,T. Munoz, PLA, J.G. Baz La Palma Medians City of La Palma NUVIS Key Personnel: P. Cardoza, PLA,T. Munoz, PLA, J.G. Baz El Toro Road Medians City of Laguna Woods NUVIS Key Personnel: P. Cardoza, PLA Tustin Meadows Sycamore Avenue Median City of Tustin NUVIS Key Personnel: P. Cardoza, PLA 9 1 , Ft 17/61410141 6/Fr/[441 ,"001 Wi4.10010001 II 1_ -___ __ ---. - I QH/tla 0014 Ft/5/tt and Sa.n59t 14. 414 5 111, , ./ El FZ/t/Z700W4/600i ml 140 OF Sa111aS 14440440411+1o4d I[ 7 614/F1/011001/1/01/01 and 4401 0•0000 01,014 01 i,,l1S/OI.OW ti/11/6, a40 OF 19504001 91 ti[l/SZ460.1 tl/[t/fi and 440s 40,4 IlLip 91F EA r•u00014 MIA 4'1 SW OF M I1S0416 , SiFt/1F/e 0110,fI/11/[.0+^L s1.001 .0+040114014 It 1l/11/[0014 [019/9001 ,.0 01 IT/109 r1 IIt/6/01 u0111 6/9/9101 +,41001 A444u1p•0 Pull IL 4--- - - -- ------ --I 1461400116nretand SMn n61 •1110,44/041.1.10041 4014 II 6/ II FI/9/9001 Gro/9.01 4.00 041.15 ,d IN 09 Ol [I 01 F[/Fl/Sa01 FI/Ft/5 and 5,•90 010411454900+I4 140 40V 11 ' f i/ul/S SISo1+1.0001 Sun, 1.7 001 fl/It/tang 440 1,01•nd,,,.,,,.“ 9 FI/It/t.01 Fl/It/N ant 440 147a04/44.040/04 6 ft/01/• 9 0001,41r/Z, 0/40 If 041111.01.000e.1.14104.10:40 9 I L7.....„ It/411.01 tihih MI 1,00 a +a•v,411+0 P4as•NI.1 4 S6/0l/I 0001[Z/1F/l and 1,451 w40001ana0 e.W 401 9 [F 411/10001 Ft/F/land 14004 4.14.1P0A101./.1 ally S 1 Ft/Ot/r 044 fFAA*II 140 Si 44,04044.••/+0+0100 0 6141 1 _.. -♦ 0001 64f/t and 4,0 WO .1.,41,01 Iu4,a W 41 d 1 in t FZ/[/1+01 F[/11 an/ 440 0 M1•41,111014111 r 119.AI 01NII I.� 0/zi[WM1PIw.nN/n1 h 1144,05 VS114444l [01t1N ? rfa 94141 141,11411/144[/1nr14Ill41ilirt017,1tf/.f1/IIII.14Illi/01I511AMA.1/40,0104111140,11.I1/40,0104111140,11.Nt1.131,1110Yar/sr/onn lnll S1/9114 INS WO, annl.al14.1444/1/1050•/.,omit,fn 04110,[. ��[nl [i/I/I 0011 1411/1,001 4.00 dLN/p+e4tl l0.4141I Q/1 1400 t• 04 114. 1 r 0+4 0444 040.4 4s..+.n 40.4..4 1.440 .rv..ald.1 0 0 40 .0 Na 011 soon 44, 4.n+. 1.4440041 /05 `,,,,rv. 1 111 •44.005 04,4010 0.44.4 04,404 0440 soot 041,04, Quality Control Plan Due to the fact that NUVIS has a portfolio of state and federal projects 50+years in the making, our Quality Control/Assurance Process has been in place for decades.The program involves a minimum of two individuals: an originator and back checker, and a checker and verifier.The originator provides design information to the drafter or CADD technician who then submits applicable documents,first, for plan check then after corrections are made to the checker.The checker is responsible for reviewing exhibits, drawings, and calculations, independent of originator or project manager, for technical adequacy, conformance to applicable standards/formats and consistency with corresponding calculations. Calculations are prepared by two separate individuals then averaged by the project manager.The process is easily tracked and visually verified by performance auditors. Fundamental to project success and further cost savings, is the ability of Contractors to read and understand the PS&E produced by Team NUVIS so that a project finishes on schedule. Time and time again, construction managers/contractors comment to NUVIS how concise, accurate, easily read, and complete the PS&E packages are produced by the firm's technicians. NUVIS staff is reachable and conducts site visits as agreed upon during the construction phase. Acceptance of Conditions NUVIS has reviewed the Sample Professional Services Agreement and does not take exceptions upon our cursory review. As with all contracts, upon award,the contract will be reviewed based on the agreed upon scope of work prior to execution of the contract or services rendered. 11 Appendix 12 n U V I S PERRY CAR DOZA, PLA, ASLA LANDSCAPE ARCHITECTURE President Perry's ability to creatively express his ideas to agencies, councils, and community groups helps in developing a collaborative approach to recreation focused problem solving. He combines this ability with his ideology of landscape i • 4 ` architecture to provide memorable design solutions, unique to each project location. Perry, along with the NUVIS team, considers sustainable solutions for .:ti -s-=3 '1 all projects. With a focus on collaborative design, Perry seeks opportunities � .' for capturing and treating storm water, creating habitat, specifying colorful, durable, and native water wise plants, and designing accessible solutions which incorporate best management practices. With NUVIS Professional Affiliations since 1986 ASLA,Southern California Chapter,Trustee 2014-2017, President 2012-2013 AIA, Orange County Chapter Licensure: Far East Society of Architects &Engineers, Japan CA 3943 Recognition 2019 ASCE OC Parks &Recreation Project of the Year, Veterans Park Renovation Education 2018 ASCE OC Parks &Recreation Project of the Year, Crown Valley Park BSLA California State 2017 ASLA National Honor Award-Owens Lake Land Art Polytechnic University, 2016 APWA BEST Project,Traffic, Mobility, and Beautification, 32nd St. & Newport Blvd. Pomona 1986 2016 ASLA/SCC Award of Excellence &Honor Award-Owens Lake Land Art 2016 ASLA/SCC Merit Award- Hanson Property Habitat Restoration & Enhancement Plan 2014 ASCE (LA) Community Improvement Proj.of the Year-LA Brea Streetscape 2012 ASLA/SCC Merit Award-Owens Lake Dust Mitigation & Habitat Restoration 2007 ASCE Project Achievement Award-The Arbor on El Toro 4Transit Oriented Development& Old Town District ,0 I ,- City of Placentia, CA Perry served as principal in charge of master plan/design guideline documents including •• 111. - conceptual plans, simulations,sections, themed amenities, and plant palettes for a __ Transit Oriented Development and adjacent Old Town District totaling 55 acres on either ' — . ` side of the 91 rail line. Improvements calm traffic with infiltration bulb outs, activate < • alleys, add bike lanes, and meet State water efficient ordinances. Dates:2015-2017 N• Empire Avenue Extension& Interstate 5 Interchange - City of Burbank, CA - „- Perry serves as principal in charge for conceptual designs,3D modeling, design simulations, and construction documents for re-directed street under rail and freeway I ' bridges.Scope include water-efficient planting, medians, pedestrian-friendly sidewalks with adjacent retail interface, retaining wall enrichments, frontage road enhancement to / accommodate freeway on-/off-ramps, and Caltrans coordination. Dates:2010-on-going Newport Avenue, First Street&Irvine Boulevard Improvements �, u. City of Tustin, CA .p.. .. -1 • amp Perry served as principal in charge for conceptual gateway mounuments and __ . - = construction documents for 3.5 miles of water-wise street median improvements along Irk_) Irvine Boulevard, First Street, and Newport Avenue. Scope included decorative concrete pavers, concrete maintenance strips, high-efficiency weather based drip irrigation r _;'i. systems, and low water plant palette. Dates:2015-2017 • "" `_ Beverly Boulevard & Robertson Boulevard Streetscape .r �`'. ' Harris &Associates with KOA Corporation, City of West Hollywood, CA ' Perry served as principal in charge for design development documents and graphics, �.. � WHDD Working Group presentations and collaboration, along with construction documents for 0.7 miles of streetscape improvements along Beverly Boulevard and 0.5 ' YOmiles of streetscape improvements along Robertson Boulevard. Project builds upon the West Hollywood Design District Streetscape Master Plan from 2014. Dates: 2018-2021 CA 3943.NV 1097 13 nuvis TOM MUNOZ, PLA LANDSCAPE ARCHITECTURE Principal With decades of on-call experience with the City of Los Angeles, County of Los Angeles, Port of Los Angeles, and many other public agencies, Tom shares his talents and passion for our profession as a volunteer vice-president of the Corona Historic Preservation Society, volunteer vice-president for the City of Corona Partners for Parks Foundation, volunteer with the Boy Scouts :. and participant in local California Park and Recreation Society Programs. His emphasis is in water-wise public-and private-oriented park/recreation planning 1 and urban design projects. As a Project Manager on many of NUVIS' public agency projects; client relations, technical direction of construction documents, and multi-team/agency coordination are his notable strengths. With NUVIS Professional Affiliations since 1978 California Park and Recreation Society Corona Partners Foundation (CPF) for Parks/ Rec. &Corona Historic Preserv.Soc. (CHPS) Licensure: Boy Scouts of America,Assistant Scout Master, 1997 National Jamboree CA 1997 Recognition 2018 ASCE OC Pk& Rec. Project of the Year, Crown Vly. Channel Entry, Laguna Niguel, CA Education 2017 APWA Transp. Project of the Year, Crown Valley Park Tier 2, Laguna Niguel, CA BSLA California State 2016 APWA B.E.S.T. Proj,Traffic/Mobility/Beaut., Newport Blvd.Widening, Nwpt. Bch, CA Polytechnic University, 2015 CMAA Project Achievement Award, Berth 200 Rail Yard & Roadway,San Pedro, CA Pomona 1978 2008 APWA Project of the Year, Parks & Recreation, Hesperia Civic Plaza Pk, Hesperia, CA 2006 WCCC Distinguished Project, Honorable Mention, LA Riverfront Park,Studio City, CA 2005 City of Los Angeles Certificate of Commendation, LA Riverfront Park,Studio City, CA 2004 CPRS Award of Excellence, Central Park Sports Complex, Huntington Beach, CA 2004 So Cal Municip.Athletic Fed., Central Park Sports Complex, Huntington Beach, CA - �, The Arbor on El Toro '‘." City of Lake Forest, CA • M . Tom served as project manager for conceptual designs through construction documents , .` • ►,+t for 1 mile of regional arterial business/retail district with pedestrian-friendly parkway and median landscape architectural hardscape and water-efficient softscape solutions including gateways, medians,sidewalks, crosswalks, and signage. 2007 SCC/ASLA Merit Award;2006 APWA Project of the Year 1;'). Newport Avenue, First Street&Irvine Boulevard City of Tustin,CA Tom served as project manager for construction documents and conceptual gateway mounuments for 3.5 miles of water-wise street median improvements along Irvine Boulevard, First Street,and Newport Avenue. Scope included decorative concrete "� •i,.r pavers, concrete maintenance strips,high-efficiency weather based drip irrigation • systems, and low water plant palette. Dates:2015-2017 East 19th Street Improvement _ CivilSource Engineers for the City of Costa Mesa, CA • S+ ' Tom served as project manager for preliminary plans, design simulations,and construction documents for street improvements including replanting medians and _ adding bulb-outs with water-wise plants, high-efficiency irrigation, and shade trees. Project features real-time weather based irrigation controller with 100%sub-surface drip irrigation system, low water use plants, and protection of existing trees. Dates:2013-2015 Placentia Avenue . s 1UIrU1.11.u * Onward Engineering for City of Costa Mesa, CA t.. - _ Tom serves as project manager for 1.5 miles of street improvements including medians ' � +•. with water-wise plants, high-efficiency irrigation, decorative rock, and shade trees. Project funding through a federal Highway Safety Improvement Program (HSIP) Grant. `�•} Medians include special drainage system in the super elevated area to capture rain ' run-off and then move it underground within the median to be controlled and utilized as supplemental irrigation. Dates: 2014-2018 CA 1891.NV 396 14 n u V i s JUAN GUADARRAMA BAZ LANDSCAPE ARCHITECTURE Juan brings over 10 years of landscape installation and maintenance experience to the NUVIS team. With a passion for horticultural design, and a background in landscape operations and estimating, Juan integrates client objectives with design implementation. His field experience provides valuable insight into NUVIS' design process and professional document preparation. Fluent in Spanish and English, Juan has a strong background in graphics as well as construction documents and project planning. With NUVIS since 2018 Societies 3 Awards Sigma Lambda Alpha, California Polytechnic State University,San Luis Obispo Education Phi Theta Kappa Honor Society, Fullerton College BSLA Landscape Golden Eagle Award Architecture California State Professional Experience Polytechnic University, American Landscape-Operations, Estimating &Purchasing Internship, 2017 San Luis Obispo, 2018 Pacific Coast Landscaping-Installation, Repairs,Tree Removal & Labor, 2009 Baz Landscape- Irrigation Repair, Installation &Maintenance, 2007-present AA Horticulture, AS Landscape Mgmt., AS Ornamental Hort., Fullerton College, 2015 North La Brea Avenue Improvements CivilSource for the City of Inglewood, CA ' Juan provided graphic exhibits and technical document support for improvements to 1.2 miles of streetscape from Florence Avenue to the north City Limit including storm water runoff retention planters consistent with the City's 'Green Streets Policy',improved sidewalks, ADA compliance, bus pad construction,and striping, and high-efficiency \<••\ irrigation system supplied by reclaimed water. Dates:2015-2018 Empire Avenue Extension E.Interstate 5 Interchange City of Burbank, CA ••.. ' ,a,E Juan s provides technical document preparation for construction documents of re-directed street under rail and freeway bridges.Scope include water-efficient planting, _ tos, "` medians, pedestrian-friendly sidewalks with adjacent retail interface, retaining wall enrichments, frontage road enhancement to accommodate freeway on-/off-ramps, and ' " Caltrans coordination. Dates:2010-on-going Stlitak _ Beverly Blvd.b Robertson Blvd.Streetscape Harris&Associates with KOA Corporation for the City of West Hollywood, CA Juan provides technical document preparation for conceptual designs and design development building upon the West Hollywood Design District's Streetscape Master Plan from 2014, for 0.7 miles of streetscape improvements along Beverly Blvd.and 0.5 miles along Robertson Blvd.Scope included extensively coordinated signature tree and — — accent tree selections, site furniture, amenities, and themed lighting. Dates:2015-2019 La Palma Medians City of La Palma, CA Juan provides graphic exhibits and technical document preparation for conceptual plans and constructions documents for 4.7 miles of median improvements and - beautification including protection of existing mature trees,safety maintenance strips, s` • colorful low water use planting, non-irrigated landscape materials, and irrigation system improvements. Project scope: Moody Street (1.4 miles), La Palma Avenue (1.5 miles), Orangethorpe Ave. (0.8 miles), Valley View Street (0.7 miles), Walker Street (0.3 miles). Dates:2018-on-going CA 1891.NV 396 15 KEY PERSONNEL RESUMES CITY OF RANCHO PALOS VERDES WESTERN AVENUE BEAUTIFICATION SHEILA AMPARO, PE, QSD/P • BKF ENGINEERS I CIVIL ENGINEERING & UTILITY RELOCATION r Sheila has over 22 years of civil engineering experience in roadway design,grading, and highway/bridge projects with municipal agencies, as the project engineer, - ' design manager, and project manager. Sheila has lead the design efforts for roadway geometrics, grading, signing and striping, stage construction and traffic handling. She will oversee all the geometric design, and ensure that coordination among the team members are consistent and clear. SELECT PROJECT EXPERIENCE Pico Rivera Regional Bikeway, Pico Rivera, CA - Deputy Project Manager/Civil Lead managing team through PA/ED phase of EDUCATION the Project to meet funding deadlines - Working closely with City& Environmental subconsultant to submit B.S.,Civil Engineering, Environmental Documents to Caltrans, and permitting applications with Army California Polytechnic Corps of Engineers University, Pomona - Working closely with City for Public Outreach - Worked closely with City and Caltrans to gain ED approval REGISTRATION Foster Road Side Panel, Norwalk, CA Professional Civil Engineer - Project engineer for geometric alignments alternatives CA No. 78003 - Lead civil designer AFFILIATIONS - Led coordination efforts with design team - Developed side panel geometry& roadway striping modification for Road-Diet Qualified SWPPP - Civil team leader for design and coordination with sub-consultants Developer(QSD) & - Generated utility composite plan and identified utility relocation needs Practitioner(QSP) - Developed stage construction concept to minimize impact to public CA No. 26297 - Project was a task order from the On-Call Roster - Prepared PS&E submittal Package TOTAL YEARS Jeffrey Open Space Trail (JOST), Irvine,CA EXPERIENCE - Class I bikeway and completes a significant regional gap closure, between 22 years, 8 yrs with BKF Barranca Parkway and Walnut Avenue in the City - Providing lighted Class I trail parallel to Jeffrey Rd. from Barranca to Walnut - Review of base/preliminary data - Secure of all necessary permits and agreements - Utility/substructure identification research, coordination and notices - Development of plans, specs, and estimates, reports, studies and calculations - Development of trail lighting plans with associated photometric studies and way finding plans - Coordination with Southern California Edison and Irvine Valley College to obtain approval for trail segments within their properties - Development of Contract Special Provisions - Development of quantities and construction cost estimates development of a Critical Path Method (CPM) schedule Downtown Streetscape Improvements, El Monte, CA - Coordinated with design team with the City and Norm's Restaurant team to ensure both parking lots are complementary and cohesive of each other - Reconfiguration of Lot 1 parking lot - Implemented subsurface storm water treatment (CUDO Systems) - Responsible for PS&E submittal package BKF ENGINEERS t KEY PERSONNEL RESUMES CITY OF RANCHO PALOS VERDES I WESTERN AVENUE BEAUTIFICATION ROGER CHUNG, PE, QSD/P, CFM, ENV SP, F. ASCE BKF ENGINEERS I NPDES TECHNICAL DOCUMENTATION Roger has more than 23 years of civil engineering experience with expertise in hydrology,hydraulic and structural analysis for the preparation of drainage studies, zdrainage master plans and the preparation of design plans, specifications,and cost estimates for water supply and flood control facilities. He has been involved in the hydraulic analysis and design of numerous water recharge and flood control projects in San Bernardino, Riverside, Orange, Los Angeles, San Diego, Kern and Ventura Counties. Roger is currently serving as the On-Call NPDES Inspector for the City of Yorba Linda. SE_ECT PROJECT EXPERIENCE EDUCATION City of Rancho Palos Verdes Landslide Program Manager, Rancho Palos B.S., Environmental Verdes, CA Engineering, University of - Prepared monitoring plan of the active landslide area to provide continuous California, Irvine reporting of the landslide movements - Provided high definition 3D laser scanning of 1.5 miles of the Palos Verde Drive B.S., Civil Engineering, South within the active landslide zone to capture existing road surface and above University of California, utilities elevations to be used as a baseline condition Irvine - Provided peer review of the Altamira Canyon project report on behalf of the City of Rancho Palos Verde REGISTRATION On-Call NPDES Inspector, City of Yorba Linda Professional Civil Engineer, - Providing On-Call NPDES Inspector Services CA No. 65388 - Project is a winning task order from On-Call contract Qualified Stormwater - Provided construction sites storm water inspection and coordinate with the Pollution Prevention Plan contractors to ensure the effectiveness of the storm water BMPs Developer/Practitioner San Diego International Airport - Rental Car Center (RCC) Bus Parking (QSD/QSP) #20600 Storage Facility(CIP#104181), San Diego, CA - Storm Water Task Manager for the preparation of SWPPP and performed Certified Floodplain weekly storm water BMP inspection during construction for the RCC Bus Manager#US-19-11182, Parking Facility and Rental Car Overflow Parking Association of State - Project provided a vehicle storage parking lot and a 4,600 SF Driver Break Floodplain Managers Building which will be shared with the Taxi Hold/Shuttle Van Lot - Project required roadway and parking lot improvements, installation of gates Envision Sustainability and card readers at the parking lot entrance and exit architectural/structural Professional (ENV SP) design for the building, utilities, parking lot lighting, and landscaping and #43157 irrigation AFFILIATIONS - Project also included obtaining a building permit from the City of San Diego Watson Land Company,Annual Water Quality BMP Inspection,Various Cities, CA Environmental &Water - Water Quality Manager for the Watson Land Company and its portfolio of Resources Institute industrial properties Fellow, American Society - Water quality BMP devices at these properties require annual inspection to ensure the performance is meeting the design intent of Civil Engineers - BMPs included catch basin inserts, hydrodynamic separators, bioswales, TOTAL YEARS underground retention basins, infiltration trenches, etc. EXPERIENCE - Inspection includes visual inspection of the BMPs for cleanliness and observe any missing components and coordinate with vendor for maintenance, repair 23 years, 1 with BKF or replacement BKF ENGINEERS 1VI KEY PERSONNEL RESUMES CITY OF RANCHO PALOS VERDES I WESTERN AVENUE BEAUTIFICATION DAVIS THRESH, PLS BKF ENGINEERS SURVEY PROJECT MANAGER 7 Davis is a Survey Principal, overseeing BKF's survey group. His survey experience r• �, , spans over 38 years.Throughout his tenure with BKF,he has played a key role in many t s� 1w ., projects in both the public and private sectors. Davis has been the lead surveyor on - - f�� numerous projects involving districts, cities, counties, and other local municipalities '110". • in California. He is responsible for management of all phases of land surveying including construction, both aerial and conventional topographic and planimetric surveys,boundary analysis and resolutions,right of way engineering,as-built surveys, digital terrain modeling, directing field and office survey efforts, contract document preparation, cost estimation, and contract administration. He provides coordination • with clients,other professional consultants and reviewing agencies. EDUCATION SE_ECT PROJECT EXPERIENCE Surveying, Diablo Valley College, Pleasant Hill, CA Pine Avenue Streetscape, Long Beach, CA - Two phase project REGISTRATION - Full ground topographic survey Professional Land - Record boundary Surveyor, CA No. 6868 - Utilities - Record research AFFILIATIONS California Land Surveyors Santa Cruz Avenue Streetscape and Pavement Rehabilitation, Los Gatos, CA Association. - Supplemental topographic surveying Member since 1991. - Establish NAD 83 survey control TOTAL YEARS - Construction staking EXPERIENCE - Utility pothole surveying 39 years, 32 with BKF Depot Street Beautification Project, Morgan Hill, CA - Sewer and water replacement improvements - Record right of way mapping - Topographic surveying & aerial photo mapping - GPS surveying - Local project control - Utility mapping - Utility pothole surveying Jamboree/Barranca Intersection Improvement Project, Irvine, CA - Coordinated research &field crews Tor boundary sealcn & plctnng - Topographic Map Drafting & Redlining - Control-GPS Surveying Adjustments - Coordinated Locating of Existing Monuments Pico Rivera Regional Bikeway, Pico Rivera - Control -GPS - Aerial Mapping - Topographic Data Collection - Locating Existing Monumentation BKF ENGINEERS 19/� Dale Charles Karjala, E.E. Staff Electrical Engineer Education: B.S., Electrical Engineering, University of California, Los Angeles 1964 License: CA License # E-7338 Experience: Over 51 years of experience (18 with CD Design Group) in all aspects of consulting electrical engineering and commercial lighting design throughout the United States. Partner and supervising engineer for 30+ person electrical engineering firm in Costa Mesa, California. Management of numerous healthcare, municipal,Sports Parks, entertainment, and educational projects encompassing complete new and retrofit construction. Complete working knowledge of latest version National Electrical Code and Uniform Building Code. CA License#E-7338, Member of Illuminating Engineers Society of Orange County since 1975 Christopher Dale Karjala Principal Education: B.A., English Literature, California State University, Long Beach, 1994 Experience: Over 22 years of experience in design (18 with CD Design Group), planning, project management, and engineering of commercial retail,institutional, healthcare, and municipal projects including sports and multi-use parks, community centers, outdoor event spaces including amphitheater design. All aspects of consulting electrical engineering and lighting design including project management and design lead duties, in-field utility coordination, photometric calculations, product selection, coordination of complete new and retrofit construction (many/various), and thorough project administration and support. Complete working knowledge of latest version National Electrical Code and Uniform Building Code. Please refer to our list of representative projects for further experience and qualifications. 19 . . .... .____ .... . . nuvis , . , • , _1~ LANDSCAPE ARCHITECTURE • Ali., . : J r -----____ANL. . LA PALMA MEDIANS _ •.�.vh• ^,P'� -.�� City of La Palma, CA - � r f , , tib '_. t Conceptual plans and design `` \•`cf , : " St simulations for 4.7 miles of _.- median improvements and beautification including .:� ,: a protection of existing mature _ _ ..K . 1 trees, safety maintenance strips, colorful low water L 3 _ x - •, '''' __ ` use planting, non-irrigated , +{ T - rE �-,,. -:,., � 1''`''' landscape materials, {• F ' 4.� : ' '� ', h �_ 'tri. and irrigation system "., ., ; "--I . '• - `�'-�.. '�`r .w ...x""" improvements �tL • •, �-k�• =,"1X1I"'9 't. '-: n` /'41 Project scope: i - 1 �- - ,LA PALMA AVE Moody Street (1.4 miles) ' '{� 1-,..-.4..-'.--" La Palma Avenue (1.5 miles) .t.• =+.k .4k,... .-„-÷-----.,.,, * �;s•`?='"""'' .*,,. .'141.4..-41.04.j ,� , Orangethorpe Ave. (0.8 miles) ` - o • $ '" •' Valley View Street (0.7 miles) t,. ,5 1�^e�.3,, Yv ,y a fl 1 -s XV r I.,f Walker Street (0.3 miles) i ed;�► ,. � z ".., x �': TYPICAL SHRUBS 19'WIDE CONCRETE MAINTENANCE STRIP-SEE SHEETS PHOTOS `t-r- `TYPICAL SHRUBS DRY STREAM BED W. 1 EXISTING TREES TO REMAIN COBBLESTONES-SEE VALLEY VIEW ST. SHEET S PHOTOS 1 o , W . 4 . ' '"IA.": DATES: 2018-on-going _ - _;:::: 76'..11:7---.."1.1r1--..^.-111;':":1:•:: ' --441: niiiiii:V ' CLIENT CONTACT: Mike S. Belknap � �` Community Serv. Director 4 . 'F - City of La Palma L ,S. .., • \ 714-690-3310 `"4.-"J-* 01 mikeb@cityoflapalma.org i!. +;or ` . ,', .' , t{t - -i•. A icy"`bo Aislir,410'. CA 1891 .NV 396 4"4-br-1Tr ., 10.28.18 CNUVIS - .. ..`•" � � 20 I1 `. '. ® ' 6 ;l '.. =J J J �i J J ..� J I JO.s....1`.....11 nuvis ,ea. Ant- CO • LANDSCAPE ARCHITECTURE j � - MO I �j , _— ----s-. 2 3 4 5 3 5 4 5 3 . 5 3 ;2) 1'1 TUSTIN MEADOWS x , fir._ : SYCAMORE AVENUE _ � .-• .,.• t. "�.j. �,dr.-) MEDIAN 4 ; • _' 9 a x• . lti -.. City of Tustin, CA • r „ ' '_ r---_ - , .. Conceptual designs, design J . ' ,, 'y ,' ,z ,"_ • simulations, and graphic ! l•-•,,, � � _ exhibits for landscape ' j ,'`' improvements to 650 LF of • , median turf replacement tea.~ — -•: t e; with 12"wide permeable ';'-,4,...4:- + r= }•' `_ decomposed granite :„ , ` '• ' -,' , maintenance strips, low water ; i i 1. Te use shrubs and high-efficiency �;,.A. ,. ~ u, F• : ?j irrigation upgrades. ' i ' a, .1'7 �t yi 1 - h� it x') -b • .. 1 Alin .6, .` � '.1 k '4',...'.:,�..` c.. .i./ 1~ , r j <j - Th1\Li) :.'V ''r 0,4- 1k DATES: 2019-on-going . °r s .; K� ,4.. CLIENT CONTACT: `,P" i . ,.i • - " Al.,'14. , �� Christine Zepeda r^ d .::.*,:i "*, ,. 3 `. w6 a' •\`. City of Tustin - ',.nr Y 7• , �: nuvis ., ..._ ..,,..„ ,, ,..,... „ i;.-, .-4,.. _ ;,...:/ ,.. „ ..,... „....:„ . _ ...r. . .. :04.7, �—;------ ...,:,....a.,`-- LANDSCAPE ARCHITECTURE 1 �" EL TORO ROAD MEDIANS City of Laguna Woods, CA Design development ^e5,:,� 1') g p �� .o:y , oaoiAst Is alternatives, photo simulations, •-hoop .r�''� /°�40 \o oto o,/ .� ay ::, construction documents, 1.gga � I_ :4°p°o° ��a°, ..' 0 o'oL:o° 0��►�yao°O wuooOQ/\{ilp0. r ___ coo `. and construction observation o0O� ►w1�� ao�A�fOtSrl• CZ for median landscape �o Ver improvements along a I 0.25 mile section of El Toro Road including decorative ® iii' MST hardscape, non-irrigated ® m An landscape, maintenance © © m D strips, new irrigation, and ® ® ® ® ' AMVW meandering drifts of water- efficient planting. „+e**Ni ..•• ::" 0, .6Q0 0, cui< .41.%`'2 ! • "°oa 06A'a°• ° �Opgb4• moo° • '',r'''_ i i a,a u _. v AL AL Aft Ai& AL m ® ,— Mg M / — 71i © Ea AX Lk 0 Alk 0 0 0 S-A S-1 --1. . 1 forip a.. ... ""� _ _- - i •.w. 1 `•n \ it.�_ _-- — — — — — — — — TORO ROAD fi'set Y; 1- ..r 1% / L DATES:2020-on-going _f`i.i,:,:.. M._ CLIENT CONTACT: 'i:•.1'' g-- Chris Macon, - City Manager, �� City of Laguna Woods, - 949-639-0525 -- ./ cmacon@lagunawoodscity.org CA 1891 .NV 396 1 1.05.20 Al)NUVIS 22 Attachment 3 CERTIFICATIONS FOR FEDERAL AID CONTRACT 23 GENEAL PRINCIPLES CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with this project except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the project for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall also certify that none of the equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. In order to ensure objective contractor performance and eliminate unfair competitive advantage, CONSULTANT must certify that they did not assist in the development of draft specifications, requirements, statements of work, or invitations for bids or requests for proposals for the project. Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative feMeArg Signature of Authorized Representative 24 NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, disability, medical condition, sexual orientation, gender identity, or marital status. These actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987(P.L. 100-209); Executive Order 12898(February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101);Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative fell Signature of Authorized Representative 25 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women- owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of this contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the Project and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for this contract by: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative fe01/41-7 Signature of Authorized Representative 26 DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of this contract. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over$100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to CITY upon request. Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative fradler, Signature of Authorized Representative 27 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative Signature of Authorized Representative 28 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONSULTANT certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the CONSULTANT is unable to certify to any of the statements in this certification, such CONSULTANT shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative I 441, Signature of Authorized Representative 29 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The CONSULTANT certifies, by signing and submitting this contract, to the best of his or her knowledge and belief,that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONSULTANT also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: NUVIS Date: 10/18/2022 By: Perry A. Cardoza, PLA, President Name and Title of Authorized Representative Signature of Authorized Representative 30 NOT APPLICABLE DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 0 0 ❑ a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier ,if known Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: $ 31 10.a. Name and Address of Lobby Registrant 10.b.Individuals Performing Services (If individual,last name,first name,MI) (including address if different from No.10) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 11. Information requested through this form is Signature: authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was Perry A. Cardoza, PLA placed by the tier above when his transaction was Print Name:_ made or entered into. This disclosure is required pursuant to 31 U.S.C.1352. This information will be available for public inspection. Any person who Title: President fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 10/�8/2022 714-754-7311 Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form—LLL(Rev.7-97) 32 GENEAL PRINCIPLES CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with this project except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the project for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall also certify that none of the equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. In order to ensure objective contractor performance and eliminate unfair competitive advantage, CONSULTANT must certify that they did not assist in the development of draft specifications, requirements, statements of work, or invitations for bids or requests for proposals for the project. BKF Engineers Business Name: 10/18/2022 Chris Rideout, PE. Principal/Vice President Date: By: Name and Title of Authorized Representative Signature of Authorized Representative 33 NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, disability, medical condition, sexual orientation, gender identity, or marital status. These actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987(P.L. 100-209); Executive Order 12898(February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101);Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). Business Name: BKF Engineers Date: 10/18/2022 By: Chris Rideout, PE. PrincipalNice President Name and Title of Authorized Representative Signature of Authorized Representative 34 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women- owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of this contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the Project and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for this contract by: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Business Name: BKF Engineers Date: 10/18/2022 By: Chris Rideout. PE. Principal/Vice President Name and Title of Authorized Representative IY 35 DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of this contract. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over$100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to CITY upon request. BKF Engineers Business Name: 10/18/2022 Chris Rideout, PE. Principal/Vice President Date: By: Name and Title of Authorized Representative #07.„, Signature of Authorized Representative 36 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. BKF Engineers Business Name: 10/18/2022 Chris Rideout, PE. PrincipalNice President Date: By: Name and Title of Authorized Representative Signature of Authorized Representative 37 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONSULTANT certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the CONSULTANT is unable to certify to any of the statements in this certification, such CONSULTANT shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. BKF Engineers Business Name: 10/18/2022 Chris Rideout, PE. PrincipalNice President Date: By: Name and Title of Authorized Representative 4,1"/ Signature of Authorized Representative 38 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The CONSULTANT certifies, by signing and submitting this contract, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONSULTANT also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. BKF Engineers Business Name: 10/18/2022 Chris Rideout, PE. Principal/vice President Date: By: Name and Title of Authorized Representative Signature of Authorized Representative 39 NOT APPLICABLE DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ 0 0 a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Ill Prime 0 Subawardee Tier ,if known Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: $ 40 10.a. Name and Address of Lobby Registrant 10.b.Individuals Performing Services (If individual,last name,first name,MI) (including address if different from No.10) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) / d� 11. Information requested through this form is Signature: Ii�/�l authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was Chris Rideout, PE placed by the tier above when his transaction was Print Name: made or entered into. This disclosure is required pursuant to 31 U.S.C.1352. This information will be available for public inspection. Any person who Principal/Vice President Title: fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (949)526-8462 10/18/2022 Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form—LLL(Rev.7-97) 41 GENEAL PRINCIPLES CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with this project except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the project for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall also certify that none of the equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. In order to ensure objective contractor performance and eliminate unfair competitive advantage, CONSULTANT must certify that they did not assist in the development of draft specifications, requirements, statements of work, or invitations for bids or requests for proposals for the project. Business Name: CD Design Group Date: 10/18/2022 By: Christopher Karjala, Principal Name and Title of Authorized Representative Signature of Authorized Representative 42 NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, disability, medical condition, sexual orientation, gender identity, or marital status. These actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987(P.L. 100-209); Executive Order 12898(February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101);Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). Business Name: CD Design Group Date: 10/18/2022 By: Christopher Karjala, Principal Name and Title of Authorized Representative Signature of Authorized Representative 43 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women- owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of this contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the Project and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for this contract by: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Business Name: CD Design Group Date: 10/18/2022 By: Christopher Karjala. Principal Name and Title of Authorized Representative 7.----/44, - Signature of Authorized Representative 44 DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of this contract. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over$100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to CITY upon request. Business Name: CD Design Group Date: 10/18/2022 By: Christopher Karjala, Principal Name and Title of Authorized Representative Signature of Authorized Representative 45 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. Business Name: CD Design Group Date: 10/18/2022 By: Christopher Karjala, Principal Name and Title of Authorized Representative Signature of Authorized Representative 46 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONSULTANT certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default. 2. Where the CONSULTANT is unable to certify to any of the statements in this certification, such CONSULTANT shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: CD Design Group Date: 10/18/2022 By: Christopher Karjala. Principal Name and Title of Authorized Representative / V Signature of Authorized Representative 47 NOT APPLICABLE NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The CONSULTANT certifies, by signing and submitting this contract, to the best of his or her knowledge and belief,that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONSULTANT also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative 48 NOT APPLICABLE DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ 0 0 a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: [I Prime ❑Subawardee Tier if known Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: $ 49 NOT APPLICABLE 10.a. Name and Address of Lobby Registrant 10.b.Individuals Performing Services (If individual,last name,first name,MI) (including address if different from No. 10) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 11. Information requested through this form is Signature: authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when his transaction was Print Name: made or entered into. This disclosure is required pursuant to 31 U.S.C.1352. This information will be available for public inspection. Any person who Title: fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form—LLL(Rev.7-97) 50 q,M ' :4V4h �4:. Ate i ]��{l'"�� • ■ A-. "� L _ " / • - -.e •+. e - ek e n L.) v Is .i.,_ •._..... .. „:, _ . ..02.. .. • 'liti r_ `'.,:.t d.{ `.,J. "`tom.. _ — 3� .+._ LANDSCAPE ARCHITECTURE ' r. -=\ I. Since 1971 , NUVIS has provided the full spectrum of professional landscape architectural . •- _ ,,. _ - .. . ., services, from creative �'4.' �' =`�' .• :.. '`- �'.1 = 41 Y _ I� as i • idea generation to st-4 . . , graphic conceptuals 4 •. . ' ,v.. :-- - = through construction �v "�"4- ... --� i -,�,* ' r-, . •` _¢_,-* documents and field ..* -'� _ "� � observation, for a t • multitude of private -•,,a �•-.. i 4. .- = :.„ ---• F design ' -. N _ �µ. F� ,.. ."44,- developers, :..r. �_; professionals, and public la.> ^ �4:-' _' .,�* r-. ', • •-•-.. agencies. p`..:•• AZ":,-, .. :";,, '' .4,15, ' ...' ..N7 sa- 4...z.,Z ti•'a' e'.:: Le. :..P. .- :•,,,,,-4 , r, -.4,....."4„,...4,i4- �„ y _ ,-..r r-:, -_-.0,,,.-.,,e,-...„..,_ - ,, ., ,,,,64,„ ., ,.. , t, .. , ., .,,. -,- v_.,,,,,..,,, .. _ . . A ..,..... - '''''11., ....-Mik ,,,,, 'Ib4i4iit,.. - ''-':; ..:* •. 4-,,e...*‘'• 4.• ,V,:, ��, al' - ,...i.7 . 4 -1 .•,.... ' „. - . y ' • l' 'S N 1 •��;' -"�".j" ti.3e. fir- Z.., ,13' 1,1\ '.TY�..r 1 , ,3aI...s,:l�'. _1~, �� — Ilt contact@nuvis.net - L nuvis.net y. ti '1, ',Tr