1. Approve a Professional Services Agreement with JBA Consulting Engineers, Inc. dba: NV5 to provide engineering design and construction bid documents for the Placentia City Hall and Police Station HVAC System and Solar Energy Project in an amount not -to -exceed $349,065; and
2. Authorize the City Administrator to approve change orders up to 10% of the total contract amount, or $34,906; and
3. Authorize the City Administrator to execute the above-mentioned Professional Services Agreement, in a form approved by the City Attorney.
DISCUSSION:
Placentia City Hall and the attached police station building complex were constructed in 1974 and much of the building's HVAC mechanical equipment is original and has outlived its useful service life. The building is approximately 25,000 square feet in size and over the years, the interior workspaces within the building footprint have been modified to accommodate new uses and additional staffing changes. Most, if not all the existing HVAC equipment has reached the end of its useful service life and requires replacement to ensure functionality, reduce maintenance costs, and to improve energy efficiency. The new proposed HVAC system will include air balancing and greater control over adjusting temperatures in individual offices and workspaces, allowing for more customized settings throughout the building to provide a higher degree of climate comfort.
The existing pneumatic thermostat control system will be entirely replaced with,a new electronic system using more modern touchscreen control systems and the ability to integrate with the existing building automation system as well as applications for mobile devices.
A complementary component to the HVAC equipment replacement effort will be to build a new solar and battery storage system paired with new highly efficient mechanical equipment. The City envisions installing a series of new solar panels as carports in the Civic Center parking lot as well as the Police Department and management parking lots. The new battery storage system will be designed to provide uninterrupted power supply to the buildings. The new solar system is intended to produce most of the building's energy needs during the day while utilizing charged battery systems to operate the building at night during peak time of use hours. The consultant team will also evaluate the City's existing EV charging infrastructure and design improvements that will allow the systems to operate more efficiently. The project will also replace the public charging station with a new pay station. In addition, the consultant team will also design a new Level III charging station to provide added capacity for future expansion as the City transitions to an all EV fleet over the next decade.
As part of this project the consultant is tasked with preparing a separate set of engineered improvement plans, bid documents and technical specifications for the solar and battery improvements as the City will solicit separate bids for that component of the project. The consultant team will ensure that the plans for the HVAC/mechanical improvements and the solar/battery improvements have been coordinated and allows for the solar contractor to "plug and play" the new solar and battery system into the City's new HVAC system at City Hall. NV5
City Council Agenda
May 3, 2022
has assembled a team of qualified in-house and subconsultants to provide all associated civil, mechanical, electrical, and structural engineering services, bidding, and construction assistance (including but not limited to shop drawing review and responses to requests for information) and preparation of separate and complete Plans, Specifications, and Estimates (PS&E) packages for the HVAC improvements and solar/energy storage component of the project Prior to this effort, NV5 will complete an energy use audit .
On February 3, 2022, Staff solicited proposals from qualified engineering firms with experience in the evaluation and design for modern and efficient HVAC and Solar systems. Staff received two (2) proposals and after a comprehensive review of both proposals by the Request for Proposal (RFP) Review Committee, NV5 was selected as the top-ranked firm, based upon their team's extensive experience in the analysis and design for HVAC and Solar power systems for large municipalities and agencies. The RFP Review Committee consisted of the Deputy City Administrator, City Engineer, and the Director of Development Services. The cumulative composite score for each firm's proposal is noted below:
Ranking Consultant Total Score
1 NV5 90
2 Kitchell 75
Based upon their experience and reference checks, Staff recommends awarding a professional services contract to JBA Consulting Engineers, Inc. (NV5) for this project. The engineering design effort is estimated to be completed within 8 months and will be followed by bid and award of a construction contract.
FISCAL IMPACT:
The City Council has allocated a total of $2.6 million for this project in the City's 2021-22 Capital Improvement Program Budget. The not -to -exceed cost for the design services amounts to $383,971. This amount includes 10% design contingency as well. As such, sufficient funds exist for the recommended actions.
Prepared by:
Masoud - . abi,
City E • 'neer
Reviewed and approved:
_/
Jennifer Lampman
Director of Finance
City Council Agenda
May 3, 2022
Reviewed and approved:
Luis E
Deput
_gy/
vGZ
City Administrator
Attachment:
Agreement with NV5
Reviewed and ap • roved:
Damien ' Arrula�.
City Administrator
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
JBA CONSULTING ENGINEERS, INC. DBA NV5
THIS AGREEMENT is made and entered into this 3RD day of May, 2022 (Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and NV5, a State of California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide professional engineering design services for the Placentia City Hall and Police Station HVAC system replacement and solar energy project, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such 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 agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Three Hundred Forty Nine Thousand and Sixty Five Dollars ($349,065.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billina. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance 3 NV5
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with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on April 19th, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 4 NV5
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the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 NV5
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Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and 6 NV5
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submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Aareement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of 7 NV5
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Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Manaaers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
NV5
163 Technology Drive, Suite 100
Irvine, CA 92618
Tel: 651-634-7230
Fax:
Attn: Daniel Kolimar
Executive Director
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Fax: 714-961-0283
Attn: Masoud Sepahi City
Engineer
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governina Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assianment. Consultant shall not voluntarily or by operation of law assign, 8 NV5
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transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eliaibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
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Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently 10 NV5
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performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Resoonsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headinas. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a 11 NV5
Rev. 08/2017
waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Damien Arrula, City Administrator
ATTEST:
Robert McKinnell,
Clerk of the City of Placentia
12 Date:
NV5
Rev. 08/2017
CONSULTANT:
Si nature
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Name and Title
38-o09g4t9s-
Social Security or Taxpayer ID Number
APPROVED AS TO FORM.
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Masoud Sepahi, City Engineer
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
Date: D�74ozz_.
Aetrcrv<
13 Date:
Date:
Date:
Date:
NV5
Rev. 08/2017
NV5 PROPOSAL FOR: PROFESSIONAL ENGINEERING DESIGN SERVICES
FOR THE PLACENTIA CITY HALL AND POLICE STATION HVAC SYSTEM
REPLACEMENT AND SOLAR ENERGY PROJECT
DUE DATE: MARCH 3, 2022
Prepared For:
CITY OF PLACENTIA
Attn: Luis Estevez
Deputy City Administrator
401 East Chapman Avenue
Placentia, CA 92870
Phone: (714) 993-8148
Email: [email protected]
1 V
5 163 TECHNOLOGY DR
SUITE 100
IRVINE, CA 92618
P: 651.634.7230
P60022-0002090.00
TABLE OF CONTENTS
N
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5 2.1 Cover Letter
3.3 Executive Summary
3.4 Project Team Organization
3.5 Relevant Project Experience and References
3.6 Project Understanding & Approach
3.7 Scope of Work
3.8 Schedule
Required Proposal Statements
5. Proposed Exceptions
6. Resource Allocation and Cost Proposal
Terms and Conditions
3 4
5 22
30 31
39 40
41 42
44 Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 2
2.1 COVER LETTER
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5 March 3, 2022
Attn: Luis Estevez
Deputy City Administrator
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Phone: (714) 993-8148
Email: [email protected]
Re: Request for Proposals Professional Engineering Design Services for the Placentia City Hall and Police Station HVAC System Replacement and Solar Energy Project, NV5 Proposal No. P60022-0002090.00 Dear Luis,
JBA Consulting Engineers, Inc. dba NV5 (NV5) is pleased to provide this proposal engineering design services related to the Placentia City Hall and Police Station HVAC System Replacement and Solar Energy Project in Placentia, California. This project will include review of energy consumption, replacement of HVAC systems, incorporation of Solar PV and battery storage, replacement of a generator, and associated civil works for the City Hall and police station. Our proposal represents our commitment to working with your team to ensure the intent of the project is preserved and the goals outlined in the RFP document are met.
NV5 is a premier provider of engineering consulting services related to; energy efficiency, renewable energy, building services, resiliency, and civil engineering. Our team is committed to ensuring the needs of the City are kept at the forefront of design decisions and through the construction and operation process. Our team has designed and managed over 2 billion dollars of solar energy projects.
We approach our design projects as a partnership and will work with the City to create a path to a more resilient and sustainable future for the City Hall and police station. Our engineers will design under applicable Federal, State, and Local codes, and will utilize industry best practices throughout the design process.
We thank you for your consideration of our proposal. NV5 intends to adhere to the provisions described in this RFP and we intend to honor our commitment to entering into a binding contract. Please reach out to Daniel Kolimar at Daniel.Kolimar@NV5. com or 949.310.2911, or you can reach out to David Niknafs at [email protected] or 949.419.3030.
Sincerely,
Daniel Kolimar
Executive Director
163 Technology Dr, Suite 100 1 Irvine, CA 92618 1 www.NV5.com 1 Office: 651.634.7230
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 3
3.3 EXECUTIVE SUMMARY
N
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5 EXECUTIVE SUMMARY FOR PLACENTIA
PROJECT UNDERSTANDING
We understand the project to be located in Placentia, CA and consists of the modernization of the existing Placentia City Hall and the attached police station (approximately 25,000 square feet). The scope will include an assessment of the City Hall and Police Stations existing HVAC equipment, review the existing occupied office spaces, analyze recent energy costs, and develop a program to replace the existing equipment with new modern and efficient systems.
NV5 understands the intent is to add solar photo voltaic system(s) to the police station and City hall and provide Battery Energy Storage Systems to provide some level of building energy backup and improve the building resiliency. It is understood that space planning has not been performed prior to this project and that will need to be reviewed during the preliminary stages of the project.
The modernization will include the integration of the Carrier i -Vu plus with XT -Link building automated control system installed in 2019. Provide improved air balancing, and provide greater control over adjusting temperature in individual spaces through- out. All new air handling units specified will be equipped with air purification and filtration systems. The modernization will also include the replacement of the existing diesel powered backup generator for emergency power. The HVAC/mechanical improve- ments will be coordinated to allow for the solar contractor to "plug and play" the new solar and battery system into the City's new HVAC system. We will provide coordination with the construction phasing plan to assist with maintaining the best possible operation of the existing facilities during construction.
The existing HVAC and Electrical systems included in the modernization are as follows.
City Hall mechanical room and generator
1. Two (2) Bohn air handling units.
2. Two (2) 2HP chilled water pumps.
3. One (1) 500k BTU Raypak boiler.
4. Two (2) 1HP hot water pumps.
5. One (1) 3HP air compressor.
6. One (1) 200 -kw emergency diesel powered generator
7. One (1) 75 -gallon water heater. Equipment Replacement only)
8. 7.5 -ton package HVAC unit and split system in the mechanical room.
City Hall Roof and Electrical room.
1. 100 -ton chiller, a 100 -ton cooling tower, and a condensing water pump.
2. 2 -ton, 3 -ton, and 5 -ton package HVAC units.
3. three (3) 1/2HP exhaust fans, and two (2) 1/4HP exhaust fans.
4. A 1/2HP fan in the main electrical room.
The IT server and television production room
1. Two (2) 2 -ton split systems.
2. One (1) roof -mounted split system serving the front community room.
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 4
3.4 PROJECT TEAM ORGANIZATION
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5 NV5 HISTORY AND EXPERIENCE
Established in 1949 and located in Hollywood, Florida, NV5 Global provides technical engineering and consulting solutions. NV5 serves public and private sector clients in the infrastructure, energy, construction, real estate, and environmental markets. Over the years, NV5 has expanded its business through organic growth as well as acquisitions to better serve our clients' compliance, technology, and engineering consulting needs. We collaborate with clients to plan, design, build, assess, certify, and monitor projects that improve the communities where we live and work. Our mission is to play a significant role in shaping and strengthening our communities through the services we provide.
Our role in planning community buildings, healthcare and industrial facilities, laboratories, schools and universities, retail and office buildings, airports, and hotels allows us to develop engineering and technology systems that enhance our communities' most vital establishments. Whether we are engineering the electric/gas systems that power businesses, designing innovative technology to be used in educational settings, or providing WELL performance testing and LEED services to promote more sustainable design, our work makes a difference.
NV5 takes pride in helping our clients develop high-quality, cost-effective, and sustainable projects that deliver solutions and improve lives.
Contact Info: Daniel Kolimar at [email protected] or 949.310.2911. David Niknafs at [email protected] or 949.419.3030.
For more information, please go to www.NV5.com .
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Engineering News -Record
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ENGINEERING & TECHNOLOGY SERVICES
Acoustics & Noise/Vibration Control
Audiovisual
Code Consulting
Commissioning & Retro -Commissioning
Electrical Engineering
Energy & Sustainability
Fire Protection & Life Safety
Intelligent Buildings
IT/ICT/Telecommunications
Master Planning
Mechanical Engineering
Monitoring Based Commissioning
Owner Representation
Plumbing Engineering
Program Management
Security & Surveillance
Site & Civil Engineering
Strategic Technology Planning
Structural Engineering
Theatre & Studio Lighting
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Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 5
3.4 PROJECT TEAM ORGANIZATION
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5 NV5 will act as the prime consultant on this project and will not be utilizing any subconsultants for the Scope of Work as outlined below in Section 3.7. NV5 requests that contact is maintained with Daniel Kolimar or David Niknafs through the channels outlined in the Cover Letter.
NV5 intends to utilize a more extensive team than outlined below, as needed, and will endeavor to utilize the team as presented in the Organizational Chart and resumes provided. Our Quality Assurance process will ensure that appropriate team members are utilized throughout the project and during project reviews. Below are the list of Placentia projects NV5 has worked on and Organization Chart detailing the roles of key team members :
NV5's Placentia Work History
Placentia City Hall - Solar Project
Long Beach On Call Survey
Placentia - ADA Ramp Improvements
Placentia - Undergrd Utility -Santa Fe -Main
Placentia FY2019-20 Slurry Seal and Road
Placentia, 2019-20 Arterial Roadwy Rehab
City of Placentia -Utility Undergrounding
CIVIL/SURVEY
David Niknafs
J Braley
Placentia, Crowther Sanitary Sewer
Placentia -ADA Ramps Trumpet Ave -Wagner
Placentia -On Call Construction & Inspect
Placentia -Res St Slurry Seal -Arterial
Placentia -Residential Street Improvement
Placentia -Task Order 1, Chapman -Ruby Dr
OWNER
PLACENTIA
PRINCIPAL -IN -CHARGE
Tom Williard
PROJECT MANAGER
David Seiler
MEP
Piyush Patel
i
SOLAR/BESS/EV
Brent Johnson
BUILDING CONTROLS
Francis Mahony
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 6
3.4 PROJECT TEAM ORGANIZATION
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5 EES I ENERGY
San Rafael, CA
[email protected]
415.847.9066
EXPERIENCE
18 years renewable energy
8 years engineering management
20 years electrical engineering
TOM WILLIARD
VICE PRESIDENT
Mr. Williard has more than 18 years of experience in energy consulting and development of energy sector businesses, with a focus on the development of technical and financial models to predict potential energy asset allocation and financial performance. He served as CEO of Sage Energy Consulting from its founding in 2009 until its acquisition by NV5 in 2021. In 2013, Mr. Williard cofounded SolEd Benefit Corporation and wrote the project financial models used to structure PPA and lease financings that reduced the cost of renewable energy projects for public schools. In 2005, he cofounded Solmetric, which developed the SunEye, a high -precision instrument now widely used in the solar industry to measure shade characteristics. In 2001, he cofounded System Design, a renewable energy system design and due diligence company. Prior to 2001, Mr. Williard also provided engineering management consulting to startup and early-stage companies and served for seven years as an elected public school trustee in Marin County. He provides financial, policy, and technical oversight for all company projects, and provides expert testimony for clients and industry groups.
Project Experience
4.4 MW SOLAR PV, BESS, AND
MICROGRIDS
SANTA BARBARA UNIFIED SCHOOL
DISTRICT
K-12 SCHOOL DISTRICT
Santa Barbara, CA
MUNICIPAL MICROGRID
CITY OF GONZALES
LOCAL GOVERNMENT
Gonzales, CA
7MW SOLAR PV, 1.5MW/3.OMWH
BESS, MICROGRID FEASIBILITY
STUDY AND DESIGN ASSISTANCE
SAN MATEO COMMUNITY COLLEGE
DISTRICT
)UCATI0N
San Mateo County, CA
MICROGRID EVALUATION
CONTRA COSTA COUNTY OFFICE OF
EDUCATION
LOCAL GOVERNMENT
Contra Costa County, CA
24.5 MW OF SOLAR PV ON 27
DISTRICT SITES, MICROGRID
FEASIBILITY
KERN HIGH SCHOOL DISTRICT
Bakersfield, CA
ZERO NET ENERGY STUDY, 11.4 MW
SOLAR PV PPA RES -BCT, ENERGY
MASTERPLANNING
SANTA CLARA COUNTY
LOCAL GOVERNMENT
San Jose, CA
1.9 MWP SOLAR PV AT TWO CITY
FACILITIES
CITY OF ONTARIO
LOCAL GOVERNMENT
Ontario, CA
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 7
3.4 PROJECT TEAM ORGANIZATION
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5 EES I ENERGY
San Rafael, CA
[email protected]
415.323.0921
EXPERIENCE
19 years in the solar industry
7 years in renewable energy
project management
DAVID SEILER
SENIOR ASSOCIATE/BUSINESS DEVELOPMENT
Mr. Seiler is an electrical engineer with over nineteen years of experience in the energy and solar PV sector, including project feasibility analysis, design, development, installation, and commissioning. At Sage, he manages solar and storage/microgrid feasibility and planning studies, reviews solar PV design and proposals, manages contractor selection, and supports contract negotiation.
In his role of Director of Business Development, Mr. Seiler is also responsible for developing and supporting strategies focused on driving revenue growth and exploring new markets. He designs and executes marketing campaigns to promote new partners and opportunities.
Mr. Seiler has been deeply involved with the design, construction, and implementation of dozens of commercial solar PV systems for public and private clients in California. His experience includes quantitative and qualitative analysis of proposals and presentation of analyses to help clients determine the best solution for their needs. Prior to joining Sage, Mr. Seiler worked for a well-regarded solar EPC firm, focused on commercial and public works, so he brings the latest market knowledge and best practices to Sage. He led solar projects from design to closeout, including managing subcontractors and overseeing construction. He understands projects from the perspectives of all the stakeholders.
Project Experience
LARGE-SCALE SOLAR
UNDISCLOSED ENERGY COMPANY
COMMERCIAL/INDUSTRIAL
Western U.S.
SAN FRANCISCO PUBLIC UTILITIES
COMMISSION AND CLEANPOWERSF
PUBLIC UTILITY
San Francisco, CA
SAN DIEGO HIGH SCHOOL
K-12 SCHOOL DISTRICT
San Diego, CA
6.2 MWP SOLAR PV ON 20 SITES
AND 1.3 MW BATTERY STORAGE ON
5 SITES
TEMECULA VALLEY UNIFIED
SCHOOL DISTRICT
SCHOOL DISTRICT
Temecula, CA
545 KWP SOLAR PV CANOPY TO
GENERATE POWER
ANAHEIM TRANSPORTATION
NETWORK
TRANSPORTATION
Anaheim, CA
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 8
3.4 PROJECT TEAM ORGANIZATION
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5 CONTACT INFO
[email protected]
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
EXPERIENCE
30 years
LICENSES
Civil Engineer (CA)
No. 42697
AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
Transportation &
Development Institute
DAVID NIKNAFS, PE
CIVIL— PROJECT MANAGER
Mr. Niknafs has more than 30 years of civil engineering experience in the public and private sectors working on various capital improvement projects and has extensive experience working as a project director and project manager. He has managed numerous public works and development projects, including roadways, bridges, drainage, sewer, water, underground utilities, building facilities and related infrastructure improvement projects.
Project Experience
RESIDENTIAL SLURRY SEAL
AND ARTERIAL ROADWAY
REHABILITATION
CITY OF PLACENTIA
PROJECT MANAGER
Placentia, CA
ADA CURB RAMP RECONSTRUCTION
PROJECT
CITY OF PLACENTIA
Placentia, CA
RESIDENTIAL STREET
REHABILITATION PROJECT
CITY OF PLACENTIA
PROJECT MANAGER
Placentia, CA
HESSE COMMUNITY PARKING LOT
IMPROVEMENTS
CITY OF RANCHO PALOS VERDES
QA/QC MANAGER
Rancho Palos Verdes, CA
TEWINKLE PARK ADA WALKWAYS
AND PARKING LOT IMPROVEMENTS
CITY OF COSTA MESA
City of Costa Mesa, CA
BARK PARK AND PARKING LOT
IMPROVEMENTS
CITY OF COSTA MESA
PROJECT MANAGER
City of Costa Mesa, CA
JIM GILLIAM PARK IMPROVEMENTS
CITY OF LOS ANGELES
PROJECT MANAGER
Las Angeles, CA
JACK HAMMETT SPORTS COMPLEX
CITY OF COSTA MESA
PROJECT MANAGER
City of Costa Mesa, CA
FIRE STATION NO. 20
THE IRVINE COMPANY
PROJECT MANAGER
Irvine, CA
ADA IMPROVEMENTS AT VARIOUS
PARKS
CITY OF CORONA
PROJECT MANAGER
Corona, CA
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 9
3.4 PROJECT TEAM ORGANIZATION
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5 MECHANICAL
[email protected]
EDUCATION
MS in Mechanical Engineering
University of Bridgeport, CT
EXPERIENCE
15 years
AFFILIATIONS
American Society of Heating,
Refrigeration and Air Conditioning
Engineers (ASHRAE)
PIYUSH PATEL
Sr. Project Manager
Piyush Patel has over 15 years of experience in the HVAC mechanical industry.
Mr. Patel has been involved with numerous projects such as healthcare, commercial real estate, government, aviation, education, residential, transportation and retail facilities. During his engineering experience, Mr. Patel has worked as a designer, HVAC project design engineer, and project manager.
As project consultant his primary duties include field investigations, HVAC load calculations usingthe California Administrative Code Title 24 energy compliance documents, design of HVAC systems, preparation of project specifications and cost estimates, performance of mechanical peer review, attendance at project meetings, construction meetings and project coordination.
Project Experience
PALOMAR COMMUNITY COLLEGE
DISTRICT, INDUSTRIAL TECHNOLOGY
CENTER*
HIGHER EDUCATION
Palomar, CA
ART CENTER COLLEGE OF DESIGN*
1 -188 -IFR EDUCATION
Pasadena, CA
LOS ANGELES VALLEY COLLEGE
HIGHER EDUCATION
Los Angeles, CA
SAN DIEGO CITY SCHOOLS,
SHERMAN ELEMENTARY SCHOOL*
K-12 EDUCATION
San Diego, CA
FONTANA UNIFIED SCHOOL DISTRICT,
CITRUS CONTINUATION HIGH
SCHOOL*
K-12 EDUCATION
Fontana, CA
HYUNDAI CAPITAL, 17TH AND 19TH
FLOOR*
COMMERCIAL OFFICE
Irvine, CA
REEN STREET OFFICE BUILDING*
COMMERCIAL OFFICE
Pasadena, CA
OFFICES OF CONSULATE GENERAL OF
MALAYSIA*
COMMERCIAL OFFICE
Los Angeles, CA
PARSONS EAST AND WEST ANNEX*
COMMERCIAL OFFICE
Pasadena, CA
SOUTHERN CALIFORNIA EDISON
OFFICE BUILDING*
COMMERCIAL OFFICE
Rosemead, CA
PREMIER BUSINESS OFFICE
RENOVATIONS*
COMMERCIAL OFFICE
Los Angeles, CA
ST. ROSE DOMINICAN HOSPITAL,
SIENA CAMPUS
HEALTHCARE
Henderson, NV
*Project under previous employment
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 10
3.4 PROJECT TEAM ORGANIZATION
Il
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5 NV5 - EES 1 ENERGY
Orange County, CA
[email protected]
562.999.6205
EDUCATION
BSc in Mechanical Engineering
and Material Science, University
of California, Los Angeles
MSc in Mechanical Engineering,
University of California, Irvine
EXPERIENCE
11 years
CERTIFICATIONS
Professional Engineer (PE)
Project Management Professional
(PMP)
Tridium Niagara 4 Technical
Certification Program
American Automatrix - Cylon
Engineering Center
SkySpark Essentials Certification
SkySpark Advanced Axon
DG Lux Programming Certification
Comptia Network +
OSHA 30 -Hour Construction
Safety & Health Training
FRANCIS MAHONY BS, MS, PM, PMP
ASSOCIATE PRINCIPAL
Francis Mahony excels in providing custom turnkey energy solutions. He has remarkable success working with building owners to optimize complex multi- functional systems including high-rise office buildings, hospitals, chemical and electronic laboratories, pharmaceutical facilities, K-12, colleges, high security federal and state facilities, and military level R&D and production clean rooms.
Francis has extensive experience in providing solutions addressing each customer's unique needs including energy efficiency, occupant comfort, data acquisition, and enhancement of employee productivity. His comprehensive knowledge of mechanical systems, design review, controls architecture and sequence optimization, energy analysis and modeling, and construction management have led to the successful identification and implementation of cost effective enhancements.
Project Experience
GLENDALE COMMUNITY COLLEGE
EDUCATION
Glendale, CA
CITY OF HENDERSON
GOVERNMENT
Henderson, NV
UNIVERSITY OF IOWA BOWEN
BUILDING
EDUCATION
Iowa City, IA
CAESARS ENTERTAINMENT
CASINO
Various Locations
SMITHSONIAN MUSEUM
EDUCATION
Washington, DC
NORTHROP GRUMMAN
MILITARY FACILITIES
Redondo Beach, CA
VERIZON (8 FACILITIES)
MIXED-USE
Las Vegas, NV
LOS ANGELES COUNTY SHERIFF
STATIONS (5 FACILITIES)
GOVERNMENT
Los Angeles, CA
TOOELE ARMY DEPOT (52
BUILDINGS)
MILITARY FACILITIES
Tooele, UT
FORT HUNTER LIGGETT
MILITARY FACILITIES
Fort Hunter, CA
VENETIAN DATA CENTER UPGRADE
INTEGRATED RESORT
Las Vegas, NV
TOOELE ARMY DEPOT (52
BUILDINGS)
MILITARY FACILITIES
Tooele, UT
NORTH CAROLINA STATE BUREAU OF
INVESTIGATION
GOVERNMENT
Raleigh, NC
VA SAN DIEGO
HEALTHCARE
San Diego, CA
VISN1: VA NEW ENGLAND
HEALTHCARE
Multi -state
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 11
3.4 PROJECT TEAM ORGANIZATION
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5 4t
PPP'
"1"1111;111IL
EES I ENERGY
San Rafael, CA
[email protected]
415.663.99914
EXPERIENCE
15 years in renewable energy
7 years in project management
EDUCATION
BA in Economics, University of
Washington, Seattle
CERTIFICATIONS
Solar Living Institute PV Design &
Installation
AFFILIATIONS
California Solar + Storage
Association (CaISSA)
ILAN FUSS
ASSOCIATE PRINCIPAL
Mr. Fuss has 15 years of experience in renewable energy with a focus on project management, solar asset management, project finance, and financial modeling. Mr. Fuss joined Sage in 2015 and has led the development of Sage's Solar Asset Management division, which focuses on auditing and improving the operational and financial performance of existing renewable energy projects. Mr. Fuss manages large and complex energy projects for clients including Alameda County Water District, Brentwood Unified School District, Vista Unified School District, and San Mateo County. Prior to joining Sage, Mr. Fuss worked for a leading solar contractor and focused on providing financing solutions for his clients through a network of strategic relationships and managed the RFP response team. His previous work experience includes several years of solar design and project development. As a Sage Associate Principal, he leads Solar Asset Management, manages projects in multiple phases, and provides oversight and review for the project management team.
Project Experience
24.5 MW OF SOLAR PV ON 27
DISTRICT SITES, MICROGRID
FEASIBILITY
KERN HIGH SCHOOL DISTRICT
K-12 SCHOOL DISTRICT
Bakersfield, CA
SOLAR PV FEASIBILITY STUDY
PLACENTIA-YORBA LINDA UNIFIED
SCHOOL DISTRICT
K-12 SCHOOL DISTRICT
Placentia, CA
2.2 MW SOLAR PV AND 70+
EV CHARGING STATIONS, ZNE
PLANNING AND IMPLEMENTATION
SUPPORT
SAN MATEO COUNTY
LOCAL GOVERNMENT
San Mateo County, CA
MICROGRID EVALUATION
CONTRA COSTA COUNTY OFFICE OF
EDUCATION
LOCAL GOVERNMENT
Contra Costa County, CA
6 MW OF SOLAR PV/BESS AT 7
POTENTIAL SITES WITH OPTIONAL
FLOATING SOLAR
ALAMEDA COUNTY WATER DISTRICT
WATER/WASTEWATER
Alemeda County, CA
ASSET MANAGEMENT, PPA AND
TARIFF REVIEW
ROSAMOND COMMUNITY SERVICES
DISTRICT
WATER/WASTEWATER
Rosamond, CA
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 12
3.4 PROJECT TEAM ORGANIZATION
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V
5 NV5 - EES 1 ENERGY
Irvine, CA
[email protected]
860.882.1515
EDUCATION
BS, Mechanical Engineering
University of Technology Sydney
EXPERIENCE
8 years
AFFILIATIONS
American Society of Heating,
Refrigeration and Air Conditioning
Engineers (ASHRAE)
Project Managers Institute
Engineers Australia
DANIEL KOLIMAR
PROJECT MANAGER
Daniel Kolimar has seven years of engineering practice in the building services industry and has been responsible for the design of projects ranging from casinos, commercial retail properties, entertainment precincts and large residential complexes.
Daniel's recent experience is in providing solutions addressing each customer's unique needs including energy efficiency, occupant comfort, data acquisition, and control systems integration. This has led to a focus on cost effective measures to reduce his client's energy spend through the use of MBCx, and measurement and verification studies to confirm the achieved energy savings.
Project Experience
CITY OF HENDERSON
CONTROLS UPGRADE
Henderson, NV
SANTA CATALINA ISLAND
ENERGY EFFICIENCY/DEMAND
Santa Catalina Island, CA
LA MESA POLICE
STATIONGOVERNMENT 1 PUBLIC
WORKS
ENERGY EFFICIENCY/DEMAND
RESPONSE
La Mesa, CA
BOYD GAMING -MBCX
INTEGRATED RESORTS
Las Vegas, NV
BOYD GAMING -M&V
INTEGRATED RESORTS
Las Vegas, NV
CHOCTAW EXPANSION -RIGHT
SIZING
VTEGRATED RESORTS
Durant, OK
TABLE MOUNTAIN -RIGHT SIZING
INTEGRATED RESORTS
Friant, CA
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 EES I ENERGY
San Rafael, CA
[email protected]
415.663.99914
EXPERIENCE
9 years in building energy
analysis
7 years in energy code research
and consulting
4 years in quantitative analysis
EDUCATION
MS, Architecture, Building
Science, and Technology,
University of California, Berkeley
BS, Environmental Studies,
University of California, Santa
Barbara
CERTIFICATIONS
LEED Green Associate
MEGAN DAWE, LEED GA
SENIOR DATA SCIENTIST
Megan Dawe is a skilled data scientist with experience in energy savings analysis, model development, and energy efficiency. At Sage, she performs energy modeling, financial modeling, field assessments, and geospatial analysis, and also manages several projects. Before starting at Sage, Ms. Dawe performed energy savings analyses and developed models for commercial building energy efficiency. She evaluates the effectiveness of energy efficiency measures using system data and utility bills. She also contributed to cost-effectiveness analyses for building energy code development, including Title 24 and local zero net energy codes. She has published research quantifying and analyzing outdoor and indoor air quality data gathered during California wildfires; evaluating industry claims about thermal comfort in commercial buildings; and assessing trends in commercial zero net energy buildings and integrated design processes.
Project Experience
SOLAR PV AND EV PLANNING
CONFIDENTIAL CLIENT
TRANSPORTATION
Colorado, California, and Texas
FLEET ELECTRIFICATION STRATEGIC
ROADMAP AND DEMONSTRATIONS
CONFIDENTIAL CLIENT
COMMERCIAL/INDUSTRIAL
Nationwide
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 ELECTRICAL
[email protected]
EXPERIENCE
16 years
EDUCATION
BS in Electrical Engineering
California State University
Los Angeles, CA
DANIEL MENDEZ
SENIOR PROJECT CONSULTANT
Daniel brings NV5 over 16 years of experience in electrical engineering. He has worked on hospitality, commercial and high-rise projects. He is experienced in lighting, power and distribution systems for building electrical construction. He is also very knowledgeable in Title 24 analysis and coordination with clients.
The wide variety of projects he has worked on in Southern California and the United States has given him a strong background in the NEC and CEC as well as other applicable codes. He oversees a number of projects as the electrical discipline manager for the Orange County office where he provides guidance of several designers and engineers.
Project Experience
EAST MESA DETENTION FACILITY
GOVERNMENT 1 PUBLIC WORKS
San Diego, CA
CCDC, NORTH TOWER PHASE 2
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
COSTA MESA SANITARY DISTRICT
CORPORATE YARD*
GOVERNMENT 1 PUBLIC WORKS
Costa Mesa, CA
CITY OF CHULA VISTA ELECTRICAL
UPGRADES
GOVERNMENT 1 PUBLIC WORKS
Chula Vista, CA
HOAG HEALTH CENTER
HEALTHCARE
Huntington Beach, CA
GRAND VALLEY HEALTH CARE
CENTER
HEALTHCARE
Van Nuys, CA
TAYANI EYE INSTITUTE, SURGERY
SUITE*
HEALTHCARE
San Clemente, CA
UNITED HEALTH GROUP
HEALTHCARE
Laguna Hills, CA
UNITED HEALTH GROUP
HEALTHCARE
Huntington Beach, CA
UNITED HEALTH GROUP
Rancho Santa Margarita, CA
HOLY CROSS MEDICAL CENTER
HEALTHCARE
Mission Hills, CA
PASADENA MEDICAL CENTER
RENOVATION
Pasadena, CA
SCE FEDERAL CREDIT UNION
Boyle Heights, CA
BANK OF AMERICA
Rowland Heights, CA
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 MECHANICAL
[email protected]
EXPERIENCE
28 years
EDUCATION
Bachelor of Science
Hue University - Vietnam
Diploma of Mechanical Systems
Technology
British Columbia Institute of
Technology
AFFILIATIONS
American Society of Heating,
Refrigeration and Air Conditioning
Engineers (ASHRAE)
HUNG NGUYEN
SR. PROJECT CONSULTANT
Hung Nguyen is a senior mechanical designer with over 28 years of mechanical engineering experience designing a variety of correctional, industrial commercial, institutional, healthcare, hotels and large residential buildings. He brings extensive design knowledge and dedication to the fields of practice plumbing, heating, ventilation and air conditioning for various types of buildings. He specializes in technical and complex designs including new construction; existing building renovations; Design -build, Design -bid -build project delivery; central plant design; California Energy Code analysis; heat gain load calculations; and construction administration. His involvement in projects includes initial design conception through to substantial completion of construction.
Project Experience
PLAQUEMINES PARISH SHERIFF'S
OFFICE TRAINING FACILITY
GOVERNMENT 1 PUBLIC WORKS
Braithwaite, LA
NORTH FRASER PRE-TRIAL
CENTER*
GOVERNMENT 1 PUBLIC WORKS
Port Coquitlam, BC
OKANAGAN CORRECTIONAL
CENTER*
GOVERNMENT 1 PUBLIC WORKS
Kelowna, BC
HOLLYDALE COMMUNITY CENTER
RECREATION
Southgate, CA
WESTLAKE VILLAGE PARK & YMCA
RECREATION
Westlake Village, CA
WATERSIDE CENTER OFFICE
COMPLEX
COMMERCIAL
Ontario, CA
TUTOR SALIBA, OFFICE ADDITION
PHASE 1 AND 2
COMMERCIAL
Sylmar, CA
BANK OF AMERICA, MANCHESTER
BRANCH
COMMERCIAL
Los Angeles, CA
POWERCO OFFICE
COMMERCIAL_
Sylmar, CA
QUALCOMM, BUILDING B
COMMERCIAL
Sylmar, CA
SAN DIEGO, CA
WELLS FARGO, BANK (LEED GOLD)
COMMERCIAL
Los Angeles, CA
CITRUS VALLEY MEDICAL CENTER
HEALTHCARE
Covina, CA
CITY OF HOPE, OUTPATIENT
SURGERY CENTER (LEED SILVER)
HEALTHCARE
Duarte, CA
COMMUNITY HOSPITAL OF LONG
BEACH
HEALTHCARE
Long Beach, CA
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 MECHANICAL
[email protected]
EXPERIENCE
24 years
EDUCATION
BS, Mechanical Engineering
Cal Poly, San Luis Obispo, CA
AFFILIATIONS
American Society of Heating,
Refrigeration and Air Conditioning
(ASH RAE)
REGISTRATIONS
Mechanical Engineer
CA
JOHN CHU, PE
SENIOR PROJECT ENGINEER
John Chu has over 24 year of experience with HVAC design and project management. He has been managing in-house engineers & designers of both HVAC and Plumbing disciplines for the past 5 years. Project experiences include high school campuses, various hospitals, office buildings, and office & retail spaces at various terminals in LAX; these projects require extensive coordination with DSA, OSHPD, LADBS, LAUSD, and LAWA.
Project Experience
NORMAN PARK SENIOR CENTER
HVAC UPGRADE
GOVERNMENT 1 PUBLIC WORKS
Chula Vista, CA
KEN LEE OFFICE BUILDING TITLE 24
UPDATE
GOVERNMENT 1 PUBLIC WORKS
Chula Vista, CA
LA FAMILY BRIDGE HOUSING*
GOVERNMENT 1 PUBLIC WORKS
Canoga Park, CA
MURRIETA POLICE DEPARTMENT
OFFICE IMPROVEMENTS
GOVERNMENT 1 PUBLIC WORKS
Murrieta, CA
PACOIMA EMPLOYMENT OFFICE
BLDG*
COMMERCIAL OFFICE
Pacoima, CA
KOREAN CARGO OFFICE SPACE
REMODEL*
COMMERCIAL OFFICE
Inglewood, CA
AMGEN BLDG 28 OFFICE BUILDING*
COMMERCIAL OFFICE
Thousand Oaks, CA
WESTERN ASSETS OFFICE
BUILDING*
COMMERCIAL OFFICE
Pasadena, CA
PARK HYATT AVIARA RENOVATION
HOTELS
Carlsbad, CA
SAN MANUEL OFFICE BUILDING
RENOVATION
NATIVE AMERICAN
Highland, CA
HENRY MAYO HOSPITAL ICU DEPT.*
HEALTHCARE
Valencia, CA
HENRY MAYO HOSPITAL NICU
DEPT.*
HEALTHCARE
Valencia, CA
HENRY MAYO HOSPITAL HEART OR
REMODEL*
HEALTHCARE
Valencia, CA
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 ELECTRICAL
[email protected]
EDUCATION
BS in Electrical Engineering
Michigan State University
EXPERIENCE
35 years
REGISTRATIONS
Electrical Engineer
AL, AK, AR, CA, CO, CT, DC, FL, ID, IL,
IN, IA, KS, KY, LA, MD, MI, MS, MO,
NV, NJ, NM, NY, ND, OK, OR, TN, TX,
UT, VA, WA, WI
AFFILIATIONS
International Association of Electrical
Inspectors (IAEI)
RICK REYBURN, PE
Managing Technical Director of Electrical
Rick Reyburn has been an electrical engineer for over 35 years, designing for commercial, industrial, governmental, healthcare and institutional facilities.
Mr. Reyburn specializes in the casino and hospitality industry, working on small projects to facilities costing over $2 billion. He has been an active senior associate member of the International Association of Electrical Inspectors for over 34 years.
He has provided electrical engineering for projects all over the United States and is currently a registered professional engineer in 32 states and the District of Columbia. Mr. Reyburn's specialties include electrical engineeringfor master planning, schematic design, design development, construction documents and construction administration.
Project Experience
CITY OF LAS VEGAS DEVELOPMENT
SERVICES BUILDING
GOVERNMENT 1 PUBLIC WORKS.
Las Vegas, NV
PHOENIX BUILDING, MODIFICATIONS
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
CLARK COUNTY CORONER'S
OFFICE, MODIFICATIONS
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
JEAN PRISON, MODIFICATIONS
GOVERNMENT 1 PUBLIC WORKS
Jean, NV
INDIAN SPRINGS PRISON
MODIFICATIONS
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
REGIONAL JUSTICE CENTER, 3RD
FLOOR
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
LVMPD METROCOMM BUILDING
GOVERNMENT I PUBLIC WORKS
Las Vegas, NV
CITY OF LAS VEGAS WATER
POLLUTION CONTROL FACILITY
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
CLARK COUNTY DEPT OF AVIATION
DISTRIBUTION CENTER AND
MAINTENANCE FACILITY
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
CLARK COUNTY GOVERNMENT
CENTER
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
SEVEN HILLS SURGERY CENTER
STERILIZER & CHILLER UPGRADE
HEALTHCARE
Las Vegas, NV
SUMMERLIN HOSPITAL BOILER
REPLACEMENT
HEALTHCARE
Summerlin, NV
DESERT SPRINGS REMODEL, ICU
HEALTHCARE
Las Vegas, NV
*Project under previous employment
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 ELECTRICAL
[email protected]
EDUCATION
BS, Electrical Engineering
Colorado School of Mines
EXPERIENCE
15 years
REGISTRATIONS
Electrical Engineer
AZ, CA, CO, FL, KY, LA, NV, OK, OR
Registered Communications
Distribution Designer (RCDD)
LEED Accredited Professional
AFFILIATIONS
National Council of Examiners for
Engineering and Surveying (NCEES)
Institute of Electrical and
Electronics Engineers (IEEE)
Project Management Institute (PMI)
Building Industry Consulting
Services International (BICSI)
RYAN ISHINO, PE, RCDD, LEED AP
Vice President
As Vice President, Ryan Ishino is responsible for driving revenue and project operations to deliver profitable projects and increase business revenue for the Electrical and Technology disciplines. Ryan's extensive project operations experience includes financial, client management and project delivery responsibilities, and coordination of design and engineering efforts across multiple disciplines. In addition to being an avid advocate for innovative design technologies, Ryan is a registered Professional Engineer and specializes in technical and complex designs including hospitality, commercial, mission critical, healthcare, high-rise, and central plant sectors.
Project Experience
LAS VEGAS CITY HALL
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
CITY OF LAS VEGAS DEVELOPMENT
SERVICES BUILDING
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
CLARK COUNTY REGIONAL JUSTICE
CENTER
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
CLARK COUNTY DETENTION CENTER,
NORTH TOWER PHASE II
GOVERNMENT 1 PUBLIC WORKS
Las Vegas, NV
EAST MESA DETENTION FACILITY
GOVERNMENT 1 PUBLIC WORKS
San Diego, CA
CHANNEL ISLAND ASC
HEALTHCARE
Oxnard, CA
CHINO VALLEY MEDICAL CENTER
HEALTHCARE
Chino, CA
HOAG HEALTH CENTER
Huntington Beach, CA
KAISER BALDWIN PARK
HEALTHCARE
Baldwin Park, CA
KAISER BELLFLOWER MEDICAL
OFFICE BUILDING
Bellflower, CA
KAISER SOUTH BAY
Harbor City, CA
COVENANT CARE ENCINITAS
Encinitas, CA
GLENDALE MEMORIAL HOSPITAL
Glendale, CA
LOS ANGELES COMMUNITY
HOSPITAL
Los Angeles, CA
*Project under previous employment
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 CONTACT INFO
[email protected]
EDUCATION
B.S. Civil Engineering
EXPERIENCE
30 years
ART BISCOCHO
CIVIL— PROJECT ENGINEER/DESIGNER
Mr. Biscocho has more than 30 years of experience as a Project Designer.
He has a demonstrated ability to manage multiple projects from planning to construction closeout. He has a wealth of knowledge of the overall operational experience working with municipal agencies, and his qualifications include the ability to review and prepare construction plans, specifications and cost estimates; provide engineering counter assistance; process permits; and establish, maintain and foster positive working relationships with agency staff.
Project Experience
HCA 17TH STREET PARKING LOT
REPAIR PROJECT
ORANGE COUNTY PUBLIC WORKS
PROJECT MANAGER
Mr. Biscocho prepared plans,
specifications and estimates for the
parking lot pavement conditions due
to disrepair.
Santa Ana, CA
HESSE COMMUNITY PARKING LOT
IMPROVEMENTS
CITY OF RANCHO PALOS VERDES
PROJF 'T MANAGFR
Mr. Biscocho provided engineering
design services for the Hesse
Community Park Parking Lot
Improvements project. The project
consisted of the design of concept
plans for parking lot pavement
improvements and parking lot
lighting improvements. Our services
included preparation of concept
plans and a preliminary cost estimate
for the proposed improvements and
attending progress and City Council
meetings as necessary. Three design
concepts were provided to the City
and one was ultimately selected by
the City Council.
Rancho Palos Verdes, CA
FIRE STATION NO. 61
CITY OF BUENA PARK
PROJECT MANAGER
Mr. Biscocho is currently preparing
plans, specifications and estimates
for the design of a new fire station
located on the southerly side of La
Palma Avenue. Plans include precise
grading plans, WQMP, SWPPP,
domestic water, fire protection water
and sewer utility plan, and perimeter
wall plans.
Buena Park, CA
PAUL REVERE PARK
CITY OF ANAHEIM
PROJECT MANAGER
Mr. Biscocho prepared plans,
specifications and estimates. The
plans include pad elevations, site
hardscape, contours, drainage
inlets paving sections, fencing, and
earthwork quantities. The plans
also introduce recommendations on
required BMPs to comply with water
quality regulations and address any
impacts to improvements within the
City's right-of-way. We also prepared
a preliminary cost estimate of
the site improvements, including
earthwork, hardscape and drainage
improvements.
Anaheim, CA
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3.4 PROJECT TEAM ORGANIZATION
N
V
5 CONTACT INFO
[email protected]
EDUCATION
B.S. Civil Engineering
A.S. Mathematics and
Engineering
EXPERIENCE
10 years
LICENSES/CERTIFICATES
Engineer -in -Training (CA)
No. 166401
MOHAMED LAZIM, EIT
CIVIL — CAD DESIGNER/ASSISTANT ENGINEER
Mr. Lazim has more than 10 years of experience as a project and design engineer on a variety of transportation and street projects for the private sector.
He is an excellent communicator with staff, clients and the public, and is great working in both collaborative and independent environments. He is skilled in Microsoft Office and has extensive knowledge of AuotoCAD and Civil 3D.
Project Experience
RESIDENTIAL SLURRY SEAL
AND ARTERIAL ROADWAY
REHABILITATION
CITY OF PLACENTIA
ASSISTANT ENGINEER
Mr. Lazim assisted the team in
preparing plans, specifications
and cost estimates for the City's
Residential Slurry Seal and Arterial
Roadway Rehabilitation projects. The
projects included the slurry seal of
residential roadway pavement and
new arterial roadway pavement along
with curb, gutter and sidewalk
repairs, new ADA -compliant curb
ramps, new pavement markings and
signage, traffic signal modifications
and other improvements and repairs
as outlined by the City. Services
provided include obtaining existing
as -built plans and available pertinent
data; taking pavement core
samples; conducting field review
and assessing pavement conditions;
utility notification and coordination;
preliminary and final bid packages;
and construction support services.
Placentia, CA
ADA CURB RAMP RECONSTRUCTION
PROJECT
CITY OF PLACENTIA
ASSISTANT ENGINEER
Mr. Lazim assisted in preparing
plans, specifications and cost
estimates for the ADA Curb Ramp
Reconstruction Project.
Placentia, CA
RESIDENTIAL STREET
REHABILITATION PROJECT
CITY OF PLACENTIA
ASSISTANT ENGINEER
Mr. Lazim assisted in preparing
plans, specifications and cost
estimates for the City's Residential
Street Rehabilitation Project. The
project included the rehabilitation of
existing pavement. Services provided
included obtaining existing as -built
plans and available pertinent data;
taking pavement core samples at
five locations; conducting field review
and assessing pavement conditions;
utility notification and coordination;
preliminary and final bid packages;
and construction support services.
Placentia, CA
HCA 17TH STREET PARKING LOT
REPAIR PROJECT
ORANGE COUNTY PUBLIC WORKS
ASSISTANT ENGINEER
Mr. Lazim assisted the team in
preparing plans, specifications and
estimates for the parking lot
pavement conditions due to
disrepair.
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 21
3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
N
V
5 Santa Barbara Unified School District - 4.4 MW Solar PV, BESS, and Microgrids ■ 4.4 MWp of solar PV shade structures installed on 14 District sites ■ Battery energy storage and resiliency microgrids at 6 District sites ■ Self -Generation Incentive Program battery storage incentive applications management ■ Construction value: Estimated $40 million
■ Expected up to $8 million in savings over 28 years
Background
Sage is working with Santa Barbara USD to provide full feasibility, procurement, and project management services for solar PV, battery storage, and microgrid resiliency projects at up to 14 District sites. Working on an aggressive schedule, Sage performed feasibility analyses and developed an RFP to solicit PPA proposals. Sage administered the RFP process, review proposals, and assisted with vendor selection and contract negotiations.
As the project progresses, Sage will provide support for construction management, DSA design and approval, and ongoing performance monitoring.
Microgrid resiliency investments will yield relatively high-value assets for the District and the surrounding community because the area's electric utility grid is vulnerable to outages from wildland fires or PSPS events.
Meanwhile, savings from solar PV and BESS projects will be sufficient to offset the District's planned investments in microgrid resiliency. Further information about the project is available at httas://microaridknowledae.com/school-microarids-santa-barbara/.
Services Provided
Feasibility Planning • Financial & Performance Modeling • RFP / Vendor Selection • Contracting Assistance • Design Review • Construction Oversight • Interconnection Support • Commissioning Verification • Operations Asset Management
Reference
Steve Vizzolini, Director of Facilities and Modernization, [email protected], 805.963.4338 x6238 Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 22
•
1-00
3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
N
V
5 City Of Ontario Solar PV 1 Ontario, CA
■ 1.9 MW solar PV at two City facilities, the Ontario Convention Center and Police Department ■ Solar project included roof replacement project contiguous with solar project ■ Assisted with ESCO procurement, including PV, storage and efficiency options across City's portfolio ■ EV project support with cost modeling and rate setting across several City sites Background
Sage was hired as the City of Ontario's renewable energy project consultant after being recommended by the City's legal counsel, Best, Best & Krieger, LLC. After presenting the findings of an investment-grade feasibility study to the City Council, Sage worked closely with City staff to develop and manage the RFP and vendor selection process for the project, which included new roofs and solar PV. Sage provided key contract negotiation assistance, design review, and applied for and is managing the City's California Solar Initiative incentives. Sage is currently providing enhanced commissioning and operational assistance for these systems.
Sage provided EV charging tariff analysis and implementation support for a utility EV program Sage also provided vendor selection support for ESCO services, which included evaluating proposals and participating in the vendor interview panel. Sage is continuing to provide services as needed for the City of Ontario. In May 2020, the client forwarded the selected ESCO's Investment -Grade Audit Report to Sage for quality assurance review and feedback.
Services Provided
Financial & Performance Modeling • Incentives Management • RFP Management & Contract Assistance • Design & Construction Support • Enhanced Commissioning • EV Charging Assistance • Operational Monitoring
Reference
Kim Ruddins, Sustainability Program Manager, City of Ontario Development Agency, 909.395.2169, [email protected]
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 23
3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
N
V
5 City of Gonzales Municipal Microgrid 1 Gonzales, CA; 2017 -ongoing ■ Municipal electric utility establishment including formation and contract document review, utility rules, tariffs, procedures and forms creation
■ Business Park Microgrid including —15MW of solar PV, 40 MWh energy storage systems, 12 MW thermal generation, with integration of wind power, combined heat and power, landfill gas, and biogas Background
Sage/NV5 is the Program Manager for the City of Gonzales's municipal microgrid project. The Sage/NV5 team has provided and reviewed technical and economic modeling, and structuring options for a municipal microgrid to serve the City and private participants located in the City's industrial park, consisting of large commercial/agricultural customers. The Phase 1 microgrid assets include —15MW of solar PV, 40 MWh of energy storage systems, 12 MW of thermal generation, and customer -sited generation assets including 3MW of wind power, 10 MW combined heat and power (CHP), and 3 MW of solar PV. Landfill gas (LFG), agricultural industry biomass digestion for biogas production, and the balance of infrastructure required to design, build, own, operate and maintain the microgrid in parallel with utility distribution assets. As of Q1 2022, the project is in final design and financial due diligence, with CEQA and conditional use permits approved, and most other permits in legal review or submitted to AHJs. Active negotiations are taking place with PG&E and 3CE among other stakeholders.
Services Provided
Overall Program Management and Owner's Engineer • Financial and performance modeling and due diligence review • Creation of customer electricity tariffs and policies, electric rules, procedures, and forms • Technical review of project contract and permit documents • project master scheduling • project liaison with contracted vendors
Reference
Rene Mendez, City Manager, City of Gonzales, 831.675.5000, [email protected] Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 24
3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
N
V
5 Kern HSD — 27 MWp Solar PV PPA on 29 Sites 1 Bakersfield, CA 2015—present ■ Largest Contracted Commitment to Solar by a U.S. School District ■ Phase 1 estimated $80 million in savings over 25 years; project cost: $68 Million ■ 27 MWp of solar PV shade structures on 29 District sites; DSA ■ Solar support at new campuses and detailed BESS screening; microgrid feasibility ■ Project Dates: 2014 -ongoing; project became operational in phases from 2016 to 2018 Background
In 2015, Kern High School District (KHSD) hired Sage to help develop a district -wide solar project. Beginning in early 2015, Sage ran a competitive RFP process, assisted with vendor selection and contracting, and has provided construction support, commissioning oversight, and operational assistance for the multi -phase, multi-year project. Through Sage's efforts, KHSD entered into a PPA with SunPower Corporation to design and build 24.5 MW of solar canopy power systems constructed over parking lots and school property at 27 KHSD sites. Sage performed feasibility, cost -benefit, and electric rate analyses for each site and for the combined DER system installations. Technologies considered included solar PV, solar thermal, and battery storage. At least seven of these sites required either PG&E site transformer upgrades or main switchgear modifications and upgrades to interconnect the PV. Two sites required detailed utility system impact studies and utility upgrades to the local grid and node substation. Each site has pulse consumption meters and system monitoring that is integrated into KHSD's EMCS. Sage delivered each component of the project on time and within budget constraints. After new Net Energy Metering criteria were announced to allow greater than 1 MW systems, Sage recommended increasing the project size by 2.5 MW for an additional $2.1 million in lifetime savings. Sage is also providing asset management services to KHSD through 2021. Ongoing rate analysis resulted in rate optimization and correction of utility billing errors that saved an expected additional $5M over 25 years. In total, KHSD estimates that it will save $95 million in electricity costs over the next 25 years. Sage is currently providing support and managing the procurement process for a solar project at a new high school campus and is performing a microgrid feasibility study for the District Office.
Services Provided
Feasibility Study & Planning • RFP / Vendor Selection • Financial and Performance Modeling • Utility Incentives Management • Design/Construction Support • PG&E Interconnection Support • Third -Party Commissioning • Asset Management
References
Richard J. Ruiz, Director of Business Services, KHSD, 661.827.3122, [email protected] Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 25
CSM Solar and Energy Storage Protect
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February 17. 2077
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3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
N
V
5 San Mateo Community College District 1 San Mateo County, CA • 1050kWp Pre -market PV, 250kW/250kWh pre -market Li -ion BESS • California Energy Commission EPIC Grant funded
• 7MW 3 -campus solar PV, 1.5MW/3.0MWh BESS, microgrid feasibility study and design assistance • Sage's budget $170k; Project Duration: 5 years
Background
Sage has assisted the Community College District for feasibility, interconnection, and procurement of two separate potential projects:
1. California Energy Commission (CEC) grant funded Internet of Energy (IoE) project 250 kW -DC solar PV together with a 250kW/250kWh Battery Energy Storage System paired with approximately 800 kW -DC The project included installation of a 12.47kV/480V substation and 10 EV charging stations.
2. A 3 -campus feasibility study and procurement support for —7MW of solar PV and 1.5MW/3.0MWh BESS.
The systems at each site were optimized for both energy cost and environmental impact reduction, and to provide critical load microgrid services for multi -day PSPS grid outages.
Sage scope for each project included investment grade feasibility studies high-level designs and utility interconnection application. For the first project, an RFP bid package was created, a vendor selected, and Sage supported extensive contract was negotiation. For the second project feasibility was completed and procurement package under development when the District shut down campus operations due to COVID-19 concerns. The project has been tabled until uncertainty around campus operations is addressed. Sage's work was complete on schedule and on budget.
Services Provided
Early stage design integration services • Feasibility and financial modeling • Microgrid analysis and Value of Resilience estimation • Utility interconnection application support and negotiation • RFP package and vendor selection oversight • Extensive contracting review • Contract negotiation support Reference
Joe Fullerton, Energy and Sustainability Manager, 650-358-6848, [email protected] Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 26
3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
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5 Contra Costa County Office of Education icrogrid Evaluation 1 Contra Costa County, CA ■ 487 kWp Solar PV, 700 kW Battery Storage, 60 kW Diesel Genset Microgrid ■ Assessment of existing solar PV system
■ O&M Provider Procurement
Background
In early 2019, Contra Costa County Office of Education (CCCOE) hired Sage to conduct a microgrid feasibility assessment to evaluate options for critical load resiliency. CCCOE headquarters house and maintain servers for all Contra Costa County public school email and Internet services, as well as administer fiscal services for the County. The facility was barely able to maintain services during extended power outages due to wildfires in 2017. As a result, CCCOE staff were interested in augmenting their existing solar PV system and backup diesel generator with a battery energy storage system (BESS) to provide more reliable resiliency for critical loads. Sage performed a technical feasibility and cost sensitivity analysis for multiple levels of sheddable loads and microgrid islanding duration scenarios. Sage determined the appropriate BESS sizing and cost estimates to provide power to the critical system loads for durations of 4 hours and 10 hours, and provided recommendations based on the analyses to the County to inform decision-making.
In Q1 2021, CCCOE asked Sage to perform a PV system performance assessment and to provide support with procurement of a new O&M services contract for existing solar PV on two sites.
Services Provided
Microgrid Analysis and Value of Resilience Estimation • O&M Services Procurement Reference
John Hild, Director II, General Services, 925.942.3333, [email protected] Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 27
Rincon Band of Luiseno Indians — 3.1 MWp Solar PV, 2.45 MW BESS, 3 MW Diesel Genset Microgrid
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5 ■ Estimated $9.2+ million in savings over 25 years
■ 2.45 MWp (5 MWh) of Li -Ion BESS, 3.1 MWp solar PV shade structures; cash purchase ■ DOE Office of Indian Energy Grant of $2M awarded
Background
In 2019, Prosper Sustainably and the Tribe partnered with Sage to conduct a microgrid feasibility study to provide input to a Department of Energy (DOE) funding opportunity. Through Prosper Sustainably and Sage's efforts, the Tribe was awarded a DOE grant of $2M to design and build microgrid system consisting of 3.1 MWp solar PV constructed over parking lots, 2.45 MW of battery storage, 3 MW of diesel generators, and all of the upgraded infrastructure required to construct two independent microgrid projects. The first project will integrate the Tribe's Casino/hotel resort (which may be used as a critical community facility in emergencies) and the Tribe's Travel Center, which is a critical source of fuel and supplies for the community. The project is designed to provide resilient energy to the Harrah's Rincon Southern California (HRSC) complex for community preparedness and business/operational continuity. The second project will power the Tribe's Fire Station and Emergency Operations Center, including approximately 100 kWp of new solar PV, 150kWh of Li - Ion BESS, and advanced controls integrated with the existing diesel backup generator. A third project was added to include the Tribe's Government Center, including approximately 300 kWp of new solar PV, 500 kWh of Li -Ion BESS, and advanced controls integrated with the existing diesel backup generator.
Sage performed a feasibility, cost -benefit, and electric rate analyses for each of the three sites and for the combined microgrid system installations. Sage's scope includes assistance throughout the conceptual design, bidding and procurement, construction, and commissioning process. As of Q2-2021, the three projects are in the early stages of the Engineering, Procurement and Construction (EPC) process. In total, Sage estimates that the Tribe will save $9.2 million in electricity costs over the next 25 years and gain the value of a resilient and reliable electric system.
In 2020, Sage supported the Tribe and Prosper Sustainably team to pursue a CA Energy Commission (CEC) grant funding opportunity for advanced long -duration energy storage, which included partnering with Invinity Energy Systems (Vanadium Redox flow battery systems) and Amber Kinetics (flywheel energy storage systems). The $7.3M grant was awarded to the Tribe, resulting in the expansion of the new resort -area microgrid PV systems plans to 6 MW and additional long -duration energy storage systems each sized at 400 kW for 12 hours (4.8 MWh).
Reference
Joshua Simmons, Prosper Sustainably, 805.617.5685,[email protected] Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 28
3.5 RELEVANT PROJECT EXPERIENCE AND REFERENCES
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5 Proposed Conduit and Pipe Runs
San Pasqua) Tribal Government Complex Microgrid Project Legend
• Existing Underground Cnnduit -
New Building Conduit -
S New LP Pipe - Connecting LP Genset to Existing Tribal Hall LP Tank a , New Underground Conduit -
San Pasqua) Band of Mission Indians: 135 kWp Solar PV, 150 kW BESS, 150 kW LPG Genset Microgrid California 1 2019 -ongoing
• Estimated $1.7 million in savings over 25 years;
• 160 kWp of solar PV shade structures; cash purchase
• DOE Office of Indian Energy Grant of $2M awarded
Background
In 2019, Prosper Sustainably, working on behalf of the Tribe, partnered with Sage to model, right -size, and provide conceptual design for a microgrid system capable of making the Tribal operations Zero Net Energy.
The project is sized at 160kWp of solar PV shade structures and 120kW/480kWh of energy storage.
The project was submitted and awarded a $2M grant from the DOE Office of Indian Energy. The connected facilities include the Tribal Hall and Administrative Offices, Community Center, Police Station, Fire Station, Wastewater Treatment Plant, and Educational Center & Preschool. Sage's scope includes Owner's Engineer services throughout the conceptual design, bidding and procurement, construction, and commissioning process. Sage performed a feasibility, cost -benefit, and electric rate analyses for the site and for the combined microgrid system installation, including reconfiguration of the metering and integration of the facilities served. Sage delivered each component of the project on time and within budget constraints. In total, Sage estimates that the Tribe will save $1.7 million in electricity costs over the next 25 years and gain the value of a resilient and reliable electric service.
As of Q2-2021, the project is under construction, nearing substantial completion and commissioning.
Reference
Joshua Simmons, Principal Consultant & Attorney, Prosper Sustainably, 805.617.5685, [email protected]
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3.6 PROJECT UNDERSTANDING & APPROACH
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5 PROJECT UNDERSTANDING
After a review of the City of Placentia's (City's) Request for Proposal and Response to RFI No.1, we have a thorough understanding of the project requirements and demands. The professional services consist of providing engineering services to review and analyze the City's energy consumption at City Hall and the police station, existing HVAC and associated mechanical equipment, provide recommended improvements to optimize energy efficiency and cost savings as well as climate control within the building, and provide engineered improvement plans and technical specifications for the replacement of the existing HVAC system at City Hall and the police station, along with the installation of a new solar and battery energy system to power the building. The proposed engineering services will include the following:
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5 SCOPE OF WORK - CIVIL
TASK 1- PROJECT MEETINGS & COORDINATION
We will attend a kick-off/conference call design meeting and coordinate design activities:
A. Review all received as -built plans, utility, and field reconnaissance information.
B. Conduct meetings/conference calls during the preliminary design and final design process as required to review the current work progress and project schedule (a total of two meetings/conference calls is allocated).
TASK 2 - OBTAIN AND REVIEW RECORD DRAWINGS/AS-BUILT PLANS We will obtain and review available record drawings, as -built plans, and recent survey for the project.
TASK 3 - PRELIMINARY PLANS
We will prepare preliminary plans associated with the civil portion of the project, specifically for the location designated for the electric vehicle charging stations in the Civic Center parking lot and Police Station parking lot. We will utilize the available record drawings, survey base map, and the plans received from the electrical engineers and will prepare the following:
• Grading and Paving Plan
• Striping Plan
• Utility Trenching Detail
We will submit the preliminary plans for review.
TASK 4 - FINAL PLANS
Subsequent to receiving the review comments from the City, we will proceed and prepare final (100%) plans associated with the civil portion of the project as described above.
TASK 5 - SPECIFICATIONS
We will prepare Technical Provisions associated with the civil design portion of the project.
TASK 6 - COST ESTIMATE
We will prepare cost estimates for the items associated with civil deign portion of the project.
TASK 7 - BIDDING ASSISTANCE & CONSTRUCTION SUPPORT SERVICES We will provide the following services associated with the civil design portion of the project.
1. We will respond to questions during the bid advertisement period.
2. We will attend a virtual pre -construction meeting.
3. We will provide response to contractor's requests for information (RFIs). This task includes conferring with the City's Construction Manager regarding the RFIs as appropriate. Regularly scheduled construction observation is specifically excluded from this scope of work. It is assumed that we will respond to five (5) RFIs.
4. We will review and respond to submittals.
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5 SCOPE OF WORK - SOLAR AND ENERGY EFFICIENCY
TASK 1.0 35% PRELIMINARY ENGINEERING PROJECT REPORT, SITE ASSESSMENT, ENERGY USAGE AUDIT The NV5 team has extensive experience performing energy usage and efficiency assessments, solar, storage and microgrid analysis, structural reviews, electrical reviews and investment-grade feasibility studies to evaluate the technical, electrical, structural and financial aspects of potential projects. We will begin with an energy usage and efficiency analysis to establish project requirements and criteria. The following site analysis will include solar, storage, and microgrid analysis, structural reviews, and electrical reviews. The resulting 35% Preliminary Engineering Project Report (Report) is a deep dive into site energy usage, electrical capacity, structural capacity, resiliency requirements and preliminary designs for energy services and assets. The Report provides the technical and financial detail necessary to make informed decisions about whether and how to pursue various aspects of the project and forms the basis for the 100% Improvement Plans and Construction Documents, and a following competitive procurement request for qualifications/ proposal.
1.2 ENERGY USAGE AUDIT
NV5's approach to energy usage and efficiency projects starts with a low-cost energy assessment to identify how energy is used and whether energy projects are likely to be feasible for the City. NV5 will assess the City's existing utility expenditure, perform site visits for investigation, then we will provide an assessment of the energy savings potential for the City. NV5 will review available utility incentives to identify the possibility of subsidizing the cost through utility programs.
Level 1 Energy Audit - The first phase is a low-cost, high-level assessment to assess current energy spend, provide a high- level understanding of building systems, and identify potential energy projects with a moderate degree of accuracy. This is a combined desktop study and one -to -two-day site visit aimed at providing a high-level view of the building's operations and energy usage. The Level 1 audit identifies obvious areas of energy efficiency that will help the City find energy efficiency measures and provides context to the likelihood of further energy savings through a Level 2 audit or other energy efficiency approaches.
LEVEL 1 AUDIT
1.2.1 Meet with City to kick off project and request site information.
1.2.1.1 Historical energy consumption data.
1.2.1.2 Information on planned changes to site usage.
1.2.1.3 Previous energy Assessment results.
1.2.1.4 Site drawings (MEP, Controls) and the building operational schedules.
1.2.2 Perform physical site assessment to:
1.2.2.1 Meet with the operations staff and inspect existing buildings and site conditions.
1.2.2.2 Inventory a sample of mechanical systems, review BMS setpoints and capabilities, and review typical lighting systems.
1.2.3 Develop Draft Energy Efficiency Assessment Report and review with City.
1.2.3.1 Identify low-cost or no -cost energy efficiency improvements.
1.2.3.2 Identify potential capital intensive EEMs with estimated costs, energy savings, payback, and available local Utility incentives.
1.2.4 Incorporate City comments into Energy Efficiency Assessment Report.
1.2.5 Present Energy Efficiency Assessment report to stakeholders Deliverable: Energy Efficiency Assessment
Site visits: One; all sites will be visited in one trip Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 32
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5 1.1 SOLAR, STORAGE, AND MICROGRID ANALYSIS
The first step is a low-cost, high-level assessment to establish a conceptual project, provide high-level siting of potential systems, and establish preliminary project costs and financial. This is a desktop study aimed at providing indicative metrics and conceptual layouts, as well as identifying fatal flaws, for clients beginning to explore an energy project. The solar, storage, and microgrid analysis provides City stakeholders an early and cost-effective go/no-go decision point for the energy assets under consideration. During this phase, we explore potential project options to balance energy generation and storage assets and provide the pros and cons of each option. This includes review of available structural and electrical drawings to identify potential site capacity limitations. Based on feedback from City staff, we move on to the second phase of the solar analysis.
1.1.3 Collect historical electrical consumption interval data and utility service details
1.1.4 Create desktop conceptual solar PV design options for each site to generate estimated PV system generation
1.1.5 Identify solar system constraints and opportunities
1.1.6 Estimate construction costs and high-level pricing for project options
1.1.7 Perform avoided cost modeling for each site/alternative including current utility Time of Use (TOU) tariff rates and generation modeling
1.1.8 Conduct system high-level lifecycle financial modeling for various financing scenarios
1.1.9 Produce feasibility overview memorandum and review with City staff Deliverable: Feasibility review memo
1.3 ELECTRICAL ANALYSIS
Electrical infrastructure, especially in microgrid/critical load projects, can represent a significant investment. The design of these systems must be efficient, cost-effective, highly reliable, and easy to maintain. NV5 will work with the City staff to first conduct a site survey of the existing conditions with any existing conditions documentation available. While conducting our site survey, we will review potential locations for the PV, storage, and microgrid control systems equipment including electrical panels, disconnects and monitoring equipment. Critical load circuits will be identified and mapped to understand how these can be effectively isolated during grid outage events. Consideration for locations of new equipment would be based on potential risks for life safety, access to the equipment and aesthetic effect on the facility. Once complete with our initial site survey, NV5 will meet with City staff to further refine microgrid targets, discuss options for location of equipment, type of equipment to be installed, and make recommendations based on our expertise in the design and implementation of the new systems and equipment.
1.3.1 Collect and review existing documentation including all existing drawings, existing reports, building codes for the dates originally constructed and current building codes.
1.3.2 Coordinate with City Staff to schedule a site visit to verify existing conditions of the structure. If existing drawings are not available of the electrical system the relevant components of the electrical systems, which will connect to the solar PV system, will be assessed.
1.3.3 Analyze existing equipment for additional loads based on original codes and current codes, and energy options to be investigated. Compare results.
1.3.4 Identify capacity of the existing electrical system and its capability of supporting proposed solar PV system. Identify electrical components that are not adequate and would require modification or replacement. Coordinate with design team for multiple options especially if there are significant electrical challenges.
1.3.5 Work with estimator to identify high level financial impacts of project requirements. Also identify potential business operation and schedule impacts of modifications/replacements.
1.3.6 Produce feasibility overview memorandum and review with City staff. Include draft plans indicating specific equipment modification/replacement requirements.
Deliverable: Electrical review memo
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5 1.4 STRUCTURAL ANALYSIS
The NV5 structural team will take specific steps for each site and building. The intent in the structural feasibility stage is to evaluate existing structural systems and conditions and determine what the existing structural system is capable of with and without reinforcing. This process could be iterative as we discover adequacies and limitations of the structure, and coordinate with the City staff and energy team as to alternatives. Specifically, the steps would be as follows:
1.4.1 Collect and review existing documentation including all existing drawings, existing reports, building codes for the dates originally constructed and current building codes.
1.4.2 Coordinate with City Staff to schedule a site visit to verify existing conditions of the structure. If existing drawings are not available, the ability for the structure to potentially receive additional loading will be measured.
1.4.3 Analyze existing structure for additional loads based on original codes and current codes, and energy options to be investigated. Compare results. This may include gravity, lateral and foundation elements.
1.4.4 Identify capacity of the existing structure and its capability of supporting proposed additional loads. Identify structural elements that are not adequate and would require reinforcing. Coordinate with design team for multiple options especially if there are significant structural challenges.
1.4.5 Work with estimator to identify high level financial impacts of reinforcing requirements. Also identify potential business operation and schedule impacts of reinforcing the structure.
1.4.6 Produce feasibility overview memorandum and review with City staff. Include 11x17 plans indicating specific element reinforcing requirements.
Deliverable: Structural review memo
1.5 35% PRELIMINARY ENGINEERING PROJECT REPORT
The final phase of Task 1 is an in-depth analysis of the proposed project. NV5 will clearly delineate project financing options, risks, and estimated economic performance associated with the 35% design derived in the previous Task 1 steps.
1.5.1 Define financing options and constraints.
1.5.2 Analyze historical electrical consumption data, demographic trends, planned energy efficiency measures and facilities planning to estimate future energy usage.
1.5.3 Present refined conceptual design options and performance modeling.
1.5.5 Provide high-level project costing and detailed financial modeling and optimization for each scenario under consideration based on project cost energy performance modeling, potential incentives and tariff assumptions.
1.5.7 Draft 35% Preliminary Engineering Project Report, review with client and collect comments to generate final Report.
Deliverable: 35% Preliminary Engineering Project Report TASK 2.0 100% IMPROVEMENT PLANS AND CONSTRUCTION DOCUMENTS Upon completion and review of the Feasibility Study with the City, and once the City has made a decision as to if and how to proceed, the design team will move into the Design and Engineering Services phase. Our design and submissions to the authority having jurisdiction (AHJ) will be in compliance with California Building Code and Local Utility Service provider requirements for interconnection.
NV5 staff can manage the project fully from start to finish. We have a depth of experience with the with AHJs throughout California. NV5 can provide full professional construction administration phase services on every project. We take pride in seeing a project all the way through to project completion. This assures that once the design is complete, the installation of equipment fully meets the project requirements. The assigned project managers and engineers are responsible for providing direct construction administration services while our chief engineers oversee the process. NV5's engineers have extensive experience monitoring the progress and quality of work throughout the construction phase while documenting materials usage, labor expenditures, and equipment being installed. Our engineers have provided their services on projects for private clients as well as projects within the public sector on a wide range of building and facility types.
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3.7 SCOPE OF WORK
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5 Our capabilities can support multiple project types including a standalone solar PV project or integrating a solar PV project to an existing project. A standalone solar PV project would typically include the below steps and an integration with another project would include a subset of the below steps depending on the project.
2.1 DESIGN AND ENGINEERING
2.1.1 Use calculations and analysis performed in the feasibility phase and move ahead to design /engineer structural element reinforcing.
2.1.2 Document structural reinforcing and electrical modification/replacement on plans in deliverable format agreed to (REVIT, AutoCAD) with the City with 30%, 60%, and 100% design submittals. • Provide and electrical Single Line, Electrical room layout and typical module Wiring Diagram. • Provide Solar Module Mounting Details including combiner box conduit layout/mounting detail. • DAS system layout.
• Provide a One -Line diagram for each building identifying the interface points. • Provide floorplans identifying all inverter locations and mounting detail.
2.1.3 Coordinate with design team, if part of larger project.
2.1.4 Provide material specifications specific to structural and electrical documentation.
2.1.5 Provide Statement of Special Inspections if required.
2.2 BID PREPARATION AND PROCUREMENT MANAGEMENT
2.2.1 Create project -specific bid documents, including electronic submittaldocuments, project requirements, specifications, contract terms, and additional information.
2.2.2 Review with the City and the City's Legal Counsel.
2.2.3 Produce Final bid document set based on stakeholder comments.
2.2.4 Manage solicitation notices and electronic distribution to potential solar Developers in coordination with the City.
2.2.5 Coordinate and conduct site walk for proposers.
2.2.6 Manage document access and produce Addenda with RFI responses, as needed.
2.2.7 Assist CLIENT with ongoing critical path project items, such as utility interconnect, financing, etc.
2.2.8 Manage electronic submission of proposals.
2.3 PROPOSAL EVALUATION AND VENDOR SELECTION
2.3.1 Perform detailed quantitative analysis of top three proposals, including review of pricing, production estimates, and lifecycle cost of energy analysis.
2.3.2 Perform qualitative analysis, including equipment and design review, Developer qualifications, schedule, reference checks, performance guarantees, O&M, contract exceptions, etc.
2.3.3 Participate in CLIENT selection committee workshop to review proposals and rank proposing Developers, including optional interview of highest -ranked vendors.
2.3.4 Provide summary report outlining quantitative and qualitative analysis.
2.4 CONTRACTING SUPPORT
2.4.1 Assist with contract negotiations, redlining, and finalizing contract documents. Anticipated contract documents include general T&C, O&M terms, performance guarantees, bid requirements, and financial mechanisms.
2.4.2 Participate in contract negotiations and finalization with Legal Counsel and selected Developer.
2.5 PERMITTING AND INTERCONNECTION SUPPORT
2.5.1 Ensure schedule and submittals tracking for permitting with AHJ(s)
2.5.2 Review and update interconnection applications and agreements with Utility as necessary Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 35
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5 TASK 3.0 BIDDING ASSISTANCE AND CONSTRUCTION SUPPORT
The NV5 team will create bid documents based on City and NV5 templates, manage the bid process with electronic document distribution and controls, lead bid evaluation, work with City staff on vendor selection, and provide as -needed contracting support to City legal council to ensure that technical aspects of vendor contracts are fully vetted.
3.1 BID PREPARATION AND MANAGEMENT
3.1.1 Kick-off meeting to review scope, controls, schedule and data needs.
3.1.2 Manage electronic distribution to select vendors in coordination with Client.
3.1.3 Conduct site walk with vendors.
3.1.4. Manage document access and issue RFIs and addenda as needed.
3.1.5. Ongoing assistance with critical path project items (permitting, interconnection, etc.) Deliverable: bid document set and addenda, site walk materials and notes.
3.2 CONTRACTOR SELECTION
3.2.1. Initial summary of bids.
3.2.2. Detailed bid analysis, including equipment, vendor qualifications, schedule, references, performance guarantees, O&M, contract exceptions, etc.
3.2.3. Summary of findings.
3.2.4. Work with Client selection committee to review proposals and rank contractors.
3.2.5. Produce summary report and/or presentation for Client with recommendations.
Deliverable: Contractor selection report/materials.
3.3 CONTRACTING SUPPORT
3.3.1. Thorough review of technical aspects of contract documents and for adherence to RFP.
3.3.2. Interface with client staff, legal counsel and vendor as needed.
3.3.3. Participate in contract negotiations and finalization with legal counsel and vendor.
3.3.4. Support and prepare necessary findings.
Deliverable: Red lined document sets, findings documentation.
3.4 CONSTRUCTION MANAGEMENT
NV5 will work with the City's construction management team to provide technical support during construction to ensure that technical issues which arise are thoroughly evaluated and decisions made in the best interests of the City.
3.4.1 Track Developer -maintained master schedule and look-aheads against milestones.
3.4.2 Review and respond to RFIs.
3.4.3 Review pay -app requests and provide input to the City.
3.4.4 Attend AHJ inspections and utility interconnection inspection.
3.4.5 Perform site inspections and produce inspection report for each site visit.
3.5 COMMISSIONING VERIFICATION AND CLOSEOUT
3.5.1 Review Developer's Cx protocol, confirm that it meets contract requirements and industry standards.
3.5.2 Provide review of documentation, including Developer Cx results and O&M manual.
3.5.3 Coordinate with Developer on building/site shutdown and interconnection, confirm Developer achieves utility PTO.
3.5.4 Coordinate with Developer to ensure all closeout tasks/submittals have been completed and provide technical assistance as -needed.
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5 3.5.5 Provide input to project closeout punch list and coordinate with CM/AHJ inspectors/other stakeholders to verify completion.
3.5.6 Ensure all required project documentation and training provided to the City.
3.5.7 Produce summary report of Cx verification effort with electronic library of closeout documentation including as-builts, permission -to -operate letters, inspection reports, punch list closeout, etc.
3.6 ASSET MANAGEMENT
3.6.1 Review monthly or quarterly PV/BESS/EV system performance check-in with quarterly reporting.
3.6.2 Conduct annual tariff modeling to reconstruct what the utility bill would have been without energy efficiency measures/ solar/BESS and determine actual savings generated by the project.
3.6.3 Evaluate all applicable utility tariffs to ensure system is on tariff schedule that provides greatest financial benefit.
3.6.4 Provide annual energy efficiency measures/PV/BESS/EV system performance evaluation report, including performance guarantee verification, tariff optimization, and detailed financial performance evaluation.
SCOPE OF WORK - MEP
GENERAL SERVICES
1. The initial phase of design includes development of a needs assessment to establish the criteria for development of the building systems in the context of the full development of the project. The intent is to define the context desired outcomes and expectations. The outcome of discussions will be captured in the BOD document. The BOD will include general design criteria and system/equipment descriptions for the following disciplines. a. Building Services
1. Mechanical Engineering Services
2. Plumbing Engineering Services
3. Electrical Engineering Services
2. The initial phase shall include a pre job walk and cursory review of each of the existing buildings' design documents, as well as, facilitate discussions with Facilities and any Mechanical Contractor currently under a maintenance agreement for these facilities. The meetings are to confirm the criteria and scope for the building systems to be replaced.
3. Attend coordination meetings (in person or via video conference) to review engineering concepts in order to proceed with the design phase and to properly coordinate the work of the related disciplines.
4. Provide assistance to the City in establishing space allocations for systems, equipment and associated distribution.
5. Review with the City the impact the systems may have upon the aesthetics of the facility. We will assume the existing infra- structure is sufficient to support this initiative.
6. Review existing systems based on City provided as -built documents, original construction documents and/or one (1) site visit to the maximum extent possible without demolition. NV5 is not responsible for the accuracy of these documents.
7. Prepare the Construction Documents, consisting primarily of drawings and book specifications setting forth in reasonable detail the requirements for constructing the project.
8. Preparation of sealed and signed drawings for building department permit submittal for the following disciplines:
a. Building Services
1. Mechanical Engineering Services
2. Electrical Engineering Services
9. Completion of drawings utilizing Revit production software. The project will include a level of development (LOD) 200 model per AIA document G202-2013. At project completion, we will provide the City our BIM model for their use, if required. Model updates to include as -built documentation are not included in our scope of services.
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5 PROFESSIONAL SERVICES
Building Services
Mechanical Engineering Services
1. Design the mechanical systems to support the building program and equipment loads. Services will be roughed -in to loca- tions determined by the appropriate vendors, suppliers and Owner selected consultants.
2. Prepare calculations to demonstrate compliance with the applicable energy codes for the mechanical systems using the mandatory and prescriptive requirements as outlined in the California Building Code (Title 24).
3. Coordination with NV5's Solar and BESS team regarding cooling requirements for sensitive electronic equipment in order to develop and design the supporting mechanical systems.
4. Coordination with the Fire Protection Engineer and the Fire Protection Report in order to properly develop and design the supporting mechanical systems.
Electrical Engineering Services
1. Design the electrical power distribution system to support the building systems as well as solar and BESS equipment loads.
Services will be roughed -in to locations determined by the appropriate vendors, suppliers and City selected consultants.
2. Prepare calculations to demonstrate compliance with the applicable energy codes for the electrical systems using the man- datory and prescriptive requirements as outlined in the California Building Code (Title 24).
3. Coordinate site utility requirements with the Civil Engineer, local electric utility and City representative.
4. Emergency/Standby power systems design to include generator sizing and selection, transfer system, load prioritization, load shed criteria, and segregated emergency/legally required and optional standby distribution systems. We will coordinate the emergency and optional standby loads with the user in order to properly meet the needs of the Owner.
CONSTRUCTION ADMINISTRATION SERVICES
1. Prepare clarifications and document revisions during the bidding and plans check phase of the project, as may be required.
2. Perform site observation visits during the construction phase to survey the status of the systems installations. Observation reports will be forwarded to your office after each field visit. Number of visits as follows:
a. Building Services
1. Three (3) Mechanical Engineering Services
2. Three (3) Plumbing Engineering Services
3. Three (3) Electrical Engineering Services
3. Preparation of (RFI) documentation during the construction phase, as may be required.
4. Review Contractor material submittals and shop drawings.
5. Respond to field related coordination issues as the need may arise.
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1 3.8 SCHEDULE
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5 PROJECT SCHEDULE
The suggested project schedule shown below is based on our extensive experience managing similar projects but may be affected by the complexity of the energy storage/microgrid analysis, the availability of site information, and responsiveness of City staff. The NV5 team will work with the City to understand its energy project goals and adjust the project schedule accordingly.
2023
Jan
Feb
Mar
2022
Apr May
Task 1.1,
Solar Analysis
Apr
Jun Jul
Tasks 1.2.1.4.
Energy Efficiency,
Electrical, and
Structural Analyses
May
Tasks 2.2-25. Procurement and Contracting
Jun
Aug
Sep
Oct
Nov
Dec
Task 1.5.
Economic Viability and
Financing Analysis
Jul
Aug
Sep
Task 2.1. Design and Engineering
Oct
Nov
Tasks 2.6-2.7. Construction, C. and Closeout
Dec
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REQUIRED PROPOSAL STATEMENTS
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5 NV5 acknowledges and confirms the following statements:
A. NV5 will perform the services and adhere to the requirements described in this RFP, including any addenda.The referenced addenda is "Request for Information No. 1" issued on February 15, 2022.
B. NV5 acknowledges that, subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.
NV5 will include a statement that describes the specific portion(s) of their submittal that are considered proprietary and should not be releasable as public information. That is not the case with this proposal.
C. NV5 will not substitute members of our designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.
D. NV5 declares there is no Conflict of Interests.
E. NV5 attests that there has been no Collusion with other proposing firms.
F. NV5 has the ability and agrees to fulfill the indemnification and insurance requirements contained in the sample contract.
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5. PROPOSED EXCEPTIONS
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5 EXCLUSIONS & EXEMPTIONS:
1. Geotechnical Investigation and Environmental Services
2. Redesign of building structural systems beyond verification and detailed fire protection design.
3. Construction Management, Inspection, and Testing Services
4. Preparation and processing of any permits, application fees and permit fees
5. Services and scope that are not specifically identified within this proposal.
6. On and off-site water, gas, sewer and storm drain and off-site power.
7. It is assumed the existing utility infrastructure is suitable for serving the interior remodel.
8. Although we will assist in obtaining engineering drawings prepared by the various utilities, we will request the Owner's assis- tance to make the appropriate requests for expediting such document preparation.
9. Seismic supports and anchorage for mechanical and plumbing piping, electrical conduit and equipment. We will furnish appropriate data sheets to the structural engineer for their use in the preparation of anchorage details and other structural support systems associated with the systems.
10. Revisions of work completed due to value engineering initiatives or Owner requested design direction changes.
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6. RESOURCE ALLOCATION AND COST PROPOSAL
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5 Resource Allocation Matrix
City of Placentia
Professional Civil Engineering Design Services
Placentia City Hall and Police Station HVAC System Replacement and Solar Energy Project TAS K
NO.
WORK DESCRIPTION
PROJECT PROJECT CAD
MANAGER MANAGER DESIGNER
HOURS HOURS HOURS
1 Project Meetings & Coordination 10 4 0
2 Obtain & Review Record Drawings/As-Built Plans 2 4 4
3 Preliminary Plans 22 84 56
4 Final Plans 8 18 8
5 Prepare Specifications/Technical Provisions 2 4 10
6 Prepare Cost Estimate 2 4 12
7 Bidding Assistance & Construction Support Services 5 4 4 Subtotal
51 122 94
Resource Allocation Matrix
City of Placentia
Professional Civil Engineering Design Services
Placentia City Hall and Police Station HVAC System Replacement and Solar Energy Project TAS K
NO.
WORK DESCRIPTION
PROJECT PROJECT CAD
MANAGER MANAGER DESIGNER
$180 $130 $90
HOURS I $ HOURS I $ HOURS I $
FEE
1 Project Meetings & Coordination
2 Obtain & Review Record Drawings/As-
Built Plans
3 Preliminary Plans
4 Final Plans
5 Prepare Specifications/Technical
Provisions
6 Prepare Cost Estimate
7 Bidding Assistance & Construction
Support Services
Subtotal
10 $1,800 4 $520 0 $0 $2,320
2 $360 4 $520 4 $360 $1,240
22 $3,960 84 $10,920 56 $5,040 $19,920
8 $1,440 18 $2,340 8 $720 $4,500
2 $360 4 $520 10 $900 $1,780
2 5
51 $360
$900
$9,180
4 $520
4 $520
122 $15,860
12 $1,080 $1,960
4 $360 $1,780
94 $8,460
Total Fee
$33,500
The method of compensation will be based on time and materials in accordance with the rates provided in this fee proposal. The estimated hours are provided for each task and the actual hours may vary. The total compensation for the services and work rendered will not exceed the total fee.
If additional services outside of the scope of work specified in our proposal are requested, such services will be performed on a time and materials basis in addition to the above estimated fee.
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6. RESOURCE ALLOCATION AND COST PROPOSAL
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5 SOLAR AND ENERGY EFFICIENCY RESOURCE ALLOCATION
Task
Task 1.0 35% Preliminary Engineering Project Report, Site Assessment, Energy Usage Audit
Task 2.0 100% Improvement Plans and Construction
Documentation
Principal
8 20
Resource Hours
Project
Manager
35 154
Data
Scientist
48 45
Electrical
Engineer
60 8
150
227
Task 3.0 Bidding Assistance and Construction Support 11 78 11 10 110 Totals I 5 I 267 I 104 I 78 1 488
SOLAR AND ENERGY EFFICIENCY RESOURCE FEE ESTIMATE
Task
Hourly
Rate
esource Hours and Cost, T&M NTE
Principal
$295
Task 1.0 35% Preliminary Engineering Project Hours 8
Report, Site Assessment, Energy Usage Audit Cost $2,213 Task 2.0 100% Improvement Plans and Hours 20
Construction Documentation Cost $6,029
Task 3.0 Bidding Assistance and Construction Hours 11
Support Cost $3,206
Project
Manager
$245
35 $8,480
154
$37,737
78 $19,161
Data
Scientist
$215
48 $10,349
45 $9,630
11 $2,384
Electrical
Engineer
$215
60 150
$12,900 $33,942
8 227
$1,720 $55,115
10 110
$2,150 $26,902
Hours 39 267 104 78 488
Totals:
I Cost $11,448 $65,378 $22,363 $16,770 $115,960
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6. RESOURCE ALLOCATION AND COST PROPOSAL
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5 SOLAR AND ENERGY EFFICIENCY RESOURCE ALLOCATION
Task
Task 1.0 35% Preliminary Engineering Project Report, Site Assessment, Energy Usage Audit
Task 2.0 100% Improvement Plans and Construction
Documentation
Resource Hours
Principal
2 2
Senior
Engineer
4 18
Project
Manager
15 64
Designer
41 139
62 223
Task 3.0 Bidding Assistance and Construction Support 1 9 34 45 89 Totals 5 31 113 225 374
SOLAR AND ENERGY EFFICIENCY RESOURCE FEE ESTIMATE
Task 1.0 35% Preliminary Engineering Project
Report, Site Assessment, Energy Usage Audit
Task 2.0 100% Improvement Plans and
Construction Documentation
Task 3.0 Bidding Assistance and Construction
Support
Hours
Cost
Hours
Cost
Hours
Cost
2 4 15 41
$500 $700 $2,400 $3,690
2 18 64 139
$500 $3,150 $10,240 $12,510
1 9 34 45
$250 $1,575 $5,440 $4,050
62 $7,290
223
$26,400
89 $11,315
Hours 5 31 113 225 374
Totals: Cost $1,250 $5,425 $18,080 $20,250 $45,005
Placentia City Hall and Police Station 1 P60022-0002090.00 NV5.COM 1 44 Resource Hours and Cost,
T&M NTE
Principal
Senior
Engineer
Project
Manager
Designer
Task
Hourly
Rate
$250
$175
$160
$90
Task 1.0 35% Preliminary Engineering Project
Report, Site Assessment, Energy Usage Audit
Task 2.0 100% Improvement Plans and
Construction Documentation
Task 3.0 Bidding Assistance and Construction
Support
Hours
Cost
Hours
Cost
Hours
Cost
2 4 15 41
$500 $700 $2,400 $3,690
2 18 64 139
$500 $3,150 $10,240 $12,510
1 9 34 45
$250 $1,575 $5,440 $4,050
62 $7,290
223
$26,400
89 $11,315
Hours 5 31 113 225 374
Totals: Cost $1,250 $5,425 $18,080 $20,250 $45,005
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6. RESOURCE ALLOCATION AND COST PROPOSAL
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5 MECHANICAL AND ELECTRICAL ENGINEERING DESIGN SERVICES Task
Mechanical and Plumbing
Electrical
Resource Hours
Principal
Senior
Engineer
Project
Manager
Designer
20 84 210 400 714
8 60 150 320 538
Totals 28 144 360 720 1252
MECHANICAL AND ELECTRICAL ENGINEERING DESIGN SERVICES
Task
Mechanical and Plumbing
Electrical
Totals:
Hourly
Rate
Resource Hours and Cost, T&M NTE
Principal
$250
Hours 20
Cost $5,000
Hours 8
Cost $2,000
Senior
Engineer
$175
84 $14,700
60 $10,500
Project
Manager
$160
210
$33,600
150
$24,000
Designer
$90
400
$36,000
320
$28,800
714
$89,300
538
$65,300
Hours 28 144 360 720 1252
Cost $7,000 $25,200 $57,600 $64,800 $154,600
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TERMS AND CONDITIONS
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5 GENERAL TERMS AND CONDITIONS
1. STANDARD OF CARE. The Services shall be performed in a manner consistent with the level of care and skill ordinarily exer- cised by members of NV5's profession currently practicing under similar conditions and in the same locality as the Project.
Data, interpretations and recommendations by NV5 will be based solely on information discovered by, or made available to, NV5 during the course of the engagement. In connection with such information, NV5 shall not be responsible for the use or interpretation of such information by non-parties to this Agreement. NV5 shall not be held liable for problems that may occur if NV5's recommendations are not followed.
a. It is understood and agreed that the NV5 shall not be held responsible for any inaccuracies in any materials, data or records as provided to the NV5 by the CLIENT, which have been prepared by any other person, firm or agency and on which NV5 in its professional judgment has relied and/or utilized in the performance of the NV5's services. Client agrees that NV5 shall not be responsible for the means, methods, procedures performance, site safety of the construc- tion contractors or subcontractors, or for their errors or omissions. Client agrees that the work created pursuant to this Agreement is for the sole and exclusive use of Client and is not for the benefit of any third parties. This Agreement and the Services to be performed hereunder shall in no way be construed as a guarantee of deficient -free construction. b. NV5 makes no warranty, either express or implied, as to its findings, recommendations, plans, specifications, or profes- sional advice except that the services were performed in a manner consistent with the level of care and skill ordinarily exercised by members of NV5's profession currently practicing under similar conditions and in the same locality as the Project.
2. PAYMENTS. NV5 will submit to Client invoices for the balance due, which shall be due and payable immediately upon sub- mission. If Client objects to all or any portion of any invoice, Client will so notify NV5 in writing within ten (10) calendar days of the invoice date, identify the cause of disagreement, and immediately pay that portion of the invoice not in dispute. In the absence of written notification described above, the balance as stated on the invoice shall be deemed accepted. Invoices are delinquent if payment has not been received when due. In such event, Client shall pay an additional charge of one and one-half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. NV5 shall be entitled to recover for all costs and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount. NV5 reserves the right to withhold all reports or deliverables unless and until payment is made by Client in accordance with this Agreement.
a. If the Client fails to make payment when due, NV5 may, upon seven (7) days written notice to the Client, suspend per- formance of services under this Agreement. Suspension of services will include, depending on the phase of the project, withholding delivery of reports, studies, construction documents, affidavits, closeout documents, and/or other applica- ble documents. In the event of a suspension of services, NV5 will have no liability to the Client and/or Owner for delay or damage caused the Client/and or Owner because of such suspension of service. b. If applicable, within a reasonable period of time after submitting our invoices to the Client, NV5 reserves the right to contact the Owner directly for assistance and/or to have payment made directly from the Owner to NV5 in lieu of receiv- ing payments from the Client.
3. REIMBURSABLE EXPENSES. Transportation, lodging and meals in connection with travel; postage and delivery charges; reproduction and plotting costs; automobile travel; miscellaneous items, and subconsultants/ subcontracts (if required) will be invoiced as stated in the Agreement. Mileage charges for automobiles will be invoiced at the prevailing rate established by the IRS. In those situations where reimbursable expenses are invoiced separately, backup for expenses will be provided only if required contractually by the Client or Owner.
4. RETAINAGE. No retainage will be held from payment of NV5's invoices.
5. SEPARATE CONSULTANTS. If a firm or firms are separately engaged by the Client or the Owner to provide services under the general direction of NV5, NV5 will have no responsibility or liability for the performance or technical sufficiency of the services of such separately engaged firms.
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TERMS AND CONDITIONS
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5 6. DEDUCTIONS. No deduction will be made from NV5's compensation on account of claims of negligence in performance of professional services by NV5, except in the case where the finder -of -fact has made a determination of professional negli- gence by NV5 and assessed damages caused by NV5's negligence. In such a case, the compensation to NV5 may be offset by the damages (or any part of damages) assessed by the finder -of -fact.
7. DOCUMENTS. All documents including reports, electronic media, and drawings, prepared or furnished by NV5 and its sub - consultants pursuant to this Agreement are instruments of service in respect of this Project and NV5 will retain an owner- ship and property interest therein whether or not the Project is completed. The Client may make and retain copies of such documents for information and reference in connection with the Project; however, such documents are not intended or rep- resented to be suitable for reuse by the Client, including extensions of the Project or on any other project, nor are they to be relied upon by anyone other than the Client. Accordingly, the Client will, to its fullest extent permitted by law, defend, indem- nify and hold harmless NV5 from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions and damages whatsoever arising out of or resulting from any unauthorized reuse of the documents or disbursement by Client to third parties. If it is necessary to distribute any documents to an unrelated third party, both the third party and Client agree: (a) the third party is bound by all of the conditions and limitations of this Agreement and related documents; and (b) the third party is bound by all limitations of liability or indemnity provisions. NV5 reserves the right to remove its professional seal and title block from documents turned over to the Client.
8. DISPUTE RESOLUTION. Client agrees that in the event NV5 institutes litigation to enforce or interpret the provisions of this Agreement, such litigation is to be brought and adjudicated in CA, and Client waives the right to bring, try or remove such litigation to any other county or judicial district. The Client shall make no claim for professional negligence, either directly or by way of a cross complaint against the NV5, unless the Client has first provided the NV5 with a written certification execut- ed by an independent consultant currently practicing in the same discipline as the NV5 and licensed in the same State. This certification shall: (i) contain the name and license number of the certifier; (ii) specify the acts or omissions that the certifier contends are not in conformance with the standard of care in paragraph 23; and (iii) state in detail the basis for the certifi- er's opinion that such acts or omissions do not conform to the standard of care. After attempting to negotiate among them- selves in good faith, and prior to the initiation of any legal proceedings, the parties agree to submit all claims, disputes or controversies arising out of or in relation to the interpretation, application or enforcement of this Agreement to non-binding mediation. Mediation will be conducted under the auspices of a mediation service or professional mediator as the parties agree upon. The party seeking to initiate mediation shall do so by submitting a formal written request to the other party to this Agreement. This Article will survive completion or termination of this Agreement, but under no circumstances will either party call for mediation of any claim or dispute arising out of this Agreement after such period of time as would normally bar the initiation of legal proceedings to litigate such a claim or dispute under the laws of the State of CA. The parties agree that all causes of action against each other shall accrue no later than the date of substantial completion of the project.
9. JOBSITE SAFETY. Neither the professional activities of NV5, nor the presence of NV5 or its employees and subconsultants at a construction/project site, will relieve the Owner and Contractor of its obligations, duties and responsibilities, including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, super- intending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agency. NV5 has no authority to exercise any control over any contractor in connection with the Work, including construction means, methods, sequence, techniques or procedures. The parties agree that NV5 shall not be responsible or liable for jobsite safety.
10. COST ESTIMATES. As NV5 has no control over construction costs or contractor's prices, any reasonable estimate of con- struction costs made by NV5 will be on the basis of NV5's experience and judgment as design professionals. NV5 cannot and does not warrant or guarantee that contractor's proposals, bids or costs will not vary from our estimates.
11. ENERGY ESTIMATES/MODELING. NV5 has no control over building and equipment operation and/or maintenance, or cli- matic conditions. Accordingly, any energy estimates and/or models are made on the basis of NV5's experience and judg- ment as design professionals. NV5 cannot and does not warrant or guarantee that actual building or system operating costs will not vary from our estimates and/or models.
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TERMS AND CONDITIONS
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5 12. HAZARDOUS MATERIALS. NV5 will have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, PCB's, or other toxic substances.
13. CLIENT'S RESPONSIBILITIES. The Client will provide NV5 with all existing, reliable, and accurate information relating to the Project, but not limited to existing conditions, soils investigations, and program data. If the Client becomes aware of any fault or defect in the Project or NV5's services, he/she will promptly notify NV5. The Client will furnish required information or services as expeditiously as necessary for the orderly performance of the services.
14. OWNER REPRESENTATIVE. If the Owner retains an Owner Representative for the Project, the Owner shall provide to NV5, in writing, a list of duties, responsibilities and authority (DR&A list) the Owner Representative has been assigned by the Owner.
NV5 shall be entitled to rely upon the proper performance by the Owner Representative for the items on the DR&A list and shall bear no responsibility to the Owners or it representative(s) for any opinions, directions or decisions given by the Owner and Owner Representative that are in conflict with DR&A. In the event the Owner makes any changes to the Owner Repre- sentative's DR&A list, the Owner shall notify NV5, in writing, in a timely manner. NV5 shall be entitled to rely solely upon the Owner Representative's decisions and directions as to all areas listed in the DR&A list. If any Owner -directed changes to the Owner Representative's DR&A list result in additional time or expense in order for NV5 to prepare, coordinate or respond to changes to the plans or specification, NV5 shall be entitled to an equitable adjustment in fees and schedule for the perfor- mance of these additional services.
15. INSURANCE. At all times during the terms of this Agreement the NV5 shall maintain, at its own cost and expense, insurance coverage as protection from claims filed against NV5 as follows:
a. Workers Compensation (as required by law)
b. Commercial General Liability (to person or property) c. Commercial Automobile Liability (to person or property) d. Professional Liability (errors and omissions)
1. At the request of the Client, NV5 shall provide appropriate certificates thereof. In the event a claim against the NV5 is brought, alleging errors or omissions by the NV5 and NV5 is found NOT to be legally liable, then Client shall pay all costs incurred by NV5 in defending itself against such claim.
16. GREEN/LEED® DESIGN. If the Project includes any level of LEED, Green Building Rating System and other similar envi- ronmental guidelines (collectively "LEED"), the Client and/or Owner recognize that the achievement of such certification is subject to third parties over which NV5 has no control, and may require the cooperation of the Client, Owner, Contractor, and others. The Client and/or Owner acknowledge and understand LEED is subject to various and possible contradictory imple- mentation. Therefore, the Parties agree that if LEED certification is the stated goal of the Project, NV5 shall use reasonable care in its design to achieve the goal but makes no warrantee or guarantee that the Project, when complete, will actually achieve LEED certification. In addition, the Client and/or Owner acknowledge that its desire to achieve LEED may impact the available design and product options and may impact the overall cost, schedule, and performance of the complete project.
The Client and/or Owner have accepted these potential impacts in the recognition of the importance it has placed on the values of a LEED project.
17. PERIOD OF PERFORMANCE. Except as otherwise provided for in the Agreement, if the services covered under this agree- ment have not been completed within twelve (12) months, through no fault of NV5, the amounts of compensation, rates and multipliers set forth herein will be equitably adjusted with respect to services performed after that date.
18. TAX CREDIT. The Client agrees that any State or Federal energy related tax deduction and/or credit available to NV5 as result of the Project, including but not limited to the 179-D Tax Credit, will be assigned to NV5 as the MEP/FP Engineering Consultant.
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5 19. WAIVER OF CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, neither the Client nor NV5, its subconsul- tants and subcontractors, shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or this Agreement. This mutual waiver of consequential damages shall include, but not be limited to loss of use, loss of profit, loss of business, loss of income, loss of reputation, increased energy, water and other operational costs, unrealized tax incentives, credits, deductions and or rebates, and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liabil- ity, breach of contract, and breach of strict or implied warranty.
20. LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and NV5, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of NV5 to the Client, and anyone claiming by, through or on behalf of the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of NV5 to the Client shall not exceed $50,000.00, or NV5's total fee for services paid on this Project, whatever is less. It is understood that this limitation applies to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. It is intended that this limitation of liability applies to all services performed on the project (including any future assignments or enlargements to the scope of services). It is also intended that this limitation of liability applies to NV5 and its employees.
21. CONTINGENCY. The Client and/or Owner and NV5 agree that certain increased costs and changes may be required be- cause of possible omissions, ambiguities, or inconsistencies in the drawings and specifications prepared by NV5 and, therefore, that the final construction cost of the Project may exceed the contracted construction cost. The Client and/or Owner agrees to set aside a reserve in the amount of five percent (5%) of the Project construction cost as a contingency to be used, as required, to pay for any such increased costs and changes. The Client and/or Owner further agrees to make no claim by way of direct or third -party action against NV5 or its subconsultants with respect to any increased costs within the contingency because of such changes. Not included in the contingency are typical change orders for owner requested changes, unforeseen conditions, substitution of equipment, changes in design, and/or code official required changes.
22. TERMINATION OR ABANDONMENT. The Agreement may be terminated by NV5 upon no less than seven (7) days written no- tice, should the Client fail substantially to perform in accordance with the terms of this agreement through no fault of NV5.
23. MISCELLANEOUS. This Agreement (consisting of the "Standard Terms and Conditions" and the Letter Agreement) consti- tutes the complete and sole agreement between NV5 and the Client with respect to the Project, and may be amended only by a written document signed by both parties, and will be governed by the laws of the State of CA.
24. SUCCESSORS AND ASSIGNS. Neither the Client nor the NV5 shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that are or may become due) this document, or any claims that may arise from the performance of services under this agreement, without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this document. Nothing contained in this paragraph shall prevent the NV5 from employing such independent consultants, associates and subcontractors, as it may deem appropriate to assist in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the Client and the NV5. Nothing herein shall create a contractual relation- ship with or cause of action in favor of a third party against either the Client or NV5. a. All claims and causes of actions between the parties to this agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of substantial completion for acts or failures to act occurring prior to substantial completion, or the date of the issuance of the final certificate for payment for acts or failures to act occurring after substantial completion.
25. MISCELLANEOUS. This Agreement represents the entire agreement between the parties. No other prior written or oral rep- resentations, negotiations, or discussions are part of this agreement. To the extent allowed by law, any agreement that is a part of the scope of NV5 services and incorporated by reference into this Agreement shall be subordinated to the terms and conditions of this Agreement where they conflict.
a. Should a court find one of the provisions of this Agreement unenforceable, the remaining provisions of this Agreement shall remain in full force and affect.
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5 b. This Agreement shall be interpreted by the parties in a manner that ensures this Agreement's compliance with applica- ble local, state, federal, or foreign laws. The parties affirm that this Agreement is a collaborative effort between Client and NV5, with no single party considered the drafter of this Agreement or having the drafting of this document con- strued against them.
c. No waiver by a party of any condition or of any breach of any term contained in this Agreement shall be effective unless in writing and signed by the waiving party, and no waiver in any one or more instances shall be deemed to be a continu- ing waiver of any such condition or breach in other instance or a waiver of any other condition or breach of any other term.
PROPOSAL ACCEPTANCE AGREEMENT
Description of Services: As stated in the project description of the preceding proposal document.
Project Name: Placentia City Hall and Police Station HVAC System Replacement and Solar Energy Project Project Location: Placentia, CA
Proposal No.: P60022-0002090.00
Proposal Date: February 28, 2022
APPROVAL & PAYMENT OF CHARGES: Invoices will be charged and mailed to the account of:
Firm:
Attention:
Address:
Telephone:
PROPOSAL ACCEPTED BY:
AUTHORIZED SIGNATURE:
NAME & TITLE:
DATE ACCEPTED:
Email:
Fax:
PAYMENT TERMS: Payments are due within thirty (30) days of submission of NV5's statement of services.
Please remit payments to: PO Box 74008680, Chicago, IL 60674-8680 PROPERTY OWNER IDENTIFICATION (If other than above)
Name:
Address:
Telephone: Fax:
This Proposal Acceptance Agreement, the scope of services outlined in the proposal, Schedule of Fees, and standard terms and conditions constitute the entire agreement between the Client and NV5, and supersede all prior written or oral understandings.
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EXHIBIT A
ACCORD CERTIFICATE OF LIABILITY INSURANCE
5/1/2022 4/6/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
DATE (MM/DD/YYYY)
PRODUCER Lockton Companies
3280 Peachtree Road NE, Suite #250
Atlanta GA 30305
(404) 460-3600
INSURED JBA Consulting Engineers, Inc.
1491108 163 Technology Drive
Suite 100
Irvine CA 92618
CONTACT
NAME:
I PHONE
(AICAIL.No. Extl:
-M
ADDRESS:
INSURER(S) AFFORDING COVERAGE
INSURER A : The Continental Insurance Company
INSURER B : National Fire Insurance Co of Hartford
1 INSURER c : Transportation Insurance Company
1 INSURER D : Berkley Insurance Company
1 INSURER E :
1 INSURER F :
FAX
(A/C. No):
NAIC #
35289
20478
20494
32603
COVERAGES CERTIFICATE NUMBER: 18404078 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD wvD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
X Contractual Liab
X Cross Liab Incl
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO -
X POLICY X ECT X LOC
X OTHER: Deductible: None
B AUTOMOBILE LIABILITY
X ANY AUTO
A
B
C
D
A
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
X UMBRELLA LIAR
EXCESS LIAB
DED X
X OCCUR
CLAIMS -MADE
RETENT ON $ SO
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Prof/Poll Liab
Bus Per Prop
Leased/Rented Equip
Y/N
N
Y N 7014856125
Y N 7014842659
N N 7014841883
Y
N/A
7014842824(AOS)
7014842810(CA)
N N AEC -9044114-05
7014856125
7014900785
5/1/2021 5/1/2022
5/1/2021 5/1/2022
5/1/2021 5/1/2022
5/1/2021 5/1/2022
5/1/2021 5/1/2022
5/1/2021 5/1/2022
5/1/2021 5/1/2022
5/1/2021 5/1/2022
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
$ 1,000,000
$ 15,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY (Per accident) $
XXXXXXX
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
ER
P
X STATUTE
OTH-
ER
$ 20,000,000
$ 20,000,000
$ XXXXXXX
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Ea. Claim/Agg. $10M/$20 VI
Limit $18,219,515
Limit $100,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as additional insureds if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. A waiver of subrogation applies in favor of The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers if required by written contract with respect to Workers' Compensation per the terms and conditions of the policy where permitted by state law.
CERTIFICATE HOLDER
18404078
City of Placentia
401 E. Chapman Ave.
Placentia CA 92870
CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE _
A)
© 1988-20145 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Atta ;hm� 7565 Master ID: 1491108, Certificate IP: 1919/! 0?e Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph!. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
Primary and Noncontributory Insurance
CNA/5U/9XX (10-16)
Insured Name: NV5 Global, Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Policy No: 7014856125
Effective Date: 05/01/2021
Insurance Services Office, Inc., with its permission.
Atta,hm�65 Master ID: 1491108, Certificate IP: 1919/!0?e Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.
However, if the written contract requires this insurance to be primary and non-contributory, this paragraph
3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
UNA/5U/LXX ("IU -]b)
Insured Name: Nv5 Global, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Policy NO: /014856125
Effective Date: 05/01/2021
Insurance Services Office, Inc., with its permission.
Attachment Code: D587566 Master ID: 1491108, Certificate ID: 18404078 This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Policy No: 7014856125
1 Name Of Person Or Organization:
Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following:
Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
Attachment Code: D587568 Master ID: 1491108, Certificate ID: 18404078 CNA
1 It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA68021XX (02-2013)
Endorsement Effective Date: 05/01/2021 Policy No: 7014856125, 7014842659,7014841883 © Copyright CNA All Rights Reserved.
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 18404078 CNA
C NA71526XX
(Ed. 10/12)
ADDITIONAL INSURED ENDORSEMENT - CONTRACTUAL
OBLIGATION
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
AS REQUIRED BY CONTRACT
1. Paragraph A.1. Who Is An Insured of Section 11 - LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy.
2. The insurance provided to the additional insured is limited as follows:
a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable.
b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable.
c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is:
(1) Required by the "written contract; or
(2) Afforded to you under this policy.
3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV - BUSINESS AUTO
CONDITIONS
is amended to add the following conditions applicable to the additional insured:
An additional insured under this endorsement will as soon as practicable:
a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy;
c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit."
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 18404078
4. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition:
"Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to the accident for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
Policy No: 7014842659
Effective Date: 5/1/2021
Insured Name: JBA Consulting Engineers, Inc.
CNA71526XX (Ed. 10/12)
Atta de: D587560 Master ID: 1491108, Certificate ID: 18404078 L
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
CNA71527XX
(Ed. 10/12)
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
AS REQUIRED BY CONTRACT
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
CNA71527XX (10/12)
Insured Name: NV5 GLOBAL, INC.
Copyright CNA All Rights Reserved.
Policy No: 7014842659
Endorsement No:
Effective Date: 05/01 / 2 02 1
Attachment Code: D587563 Master ID: 1491108, Certificate ID: 18404078 POLICY NUMBER: 7014842659 COMMERCIAL AUTO
CA 04 44 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: NV5 Global, Inc
Endorsement Effective Date: 05/01/2021
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Oth-
ers To Us Condition does not apply to the person(s)
or organization(s) shown in the Schedule, but only to
the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization.
CA 04 44 03 10
© Insurance Services Office, Inc., 2009 Page 1 of 1
Attachment Code: D587579 Master ID: 1491108, Certificate ID: 18404078 CNA
NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: CC68021A (02-2013) Policy No: 7014842824; 7014842810 Endorsement Effective Date: 05/01/21
© CNA All Rights Reserved.
Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18404078 CNA
POLICY NO: 7014842824
WORKERS COMPENSATION
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: WC00 03 13 (04-1984)
Endorsement Effective Date: 5/1/2021
Policy: 7014842824
Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18404078 CNA
WORKERS COMPENSATION
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. [ ] Specific Waiver
[X] Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: Waiver of Subrogation Operations
Premium:
The premium charge for this endorsement shall be
premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.
1. Advance Premium: Waiver of Subrogation Advance Premium All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No:WC.:42 03 04 B (06-2014)
Endorsement Effective Date:05/01/2021
Policy No. 7014842824
Attachment Code: D587581 Master ID: 1491108, Certificate ID: 18404078 CNA
UTAH WAIVER OF SUBROGATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.
Schedule
Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement
All other terms and conditions of the policy remain unchanged. :his endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: WC 43 03 05 (07-2000)
Endorsement Effective Date: 05/01/2021
Policy No. 7014842824
Attachment Code: D587584 Master ID: 1491108, Certificate ID: 18404078 CNA
LI
Policy No. 7014842810
4Torken, ...... ,. ........<.
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation insurance G. Recovery From Others arid Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G-19160-8 (11-1997)
Endorsement Effective Date: (05/01/2021
LUpyII9IIL 9.1 40-1 HPI 1111{11lb 111:151:11 Vdll.
Policy No. 7014842810
At
Ber (iey Insurance' l.'ompa'ny1D 18404078
Notice of Cancellation to Certificate Holder(s) Endorsement
In consideration of the premium paid for this Policy, it is understood and agreed that Section VII, Conditions, H. Notice of Cancellation, is amended by adding the following provision:
In the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s) with mailing addresses on file with the agent of record.
This provision does not apply if cancellation is due to nonpayment of premiums to us or to a finance company authorized to cancel this Policy.
Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, Item 2.
Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives.
Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged.
Insured
NV5 Global, Inc.
Effective Date of This Endorsement
05/01/2021
12 - BDP0713130 (07-13)
Policy Number
AEC -9044114-05
Authorized
Representative
26963-9020368-41058 Policy Form: BDP0417001 (04-17)
tachment Code: D587573 Master ID: 1421108,
te
arBer iey Insurance ompa11/ID:
18404078 Page 1 oft
Change Endorsement
Other Insurance
In consideration of the premium paid for this Policy, it is understood and agreed that Section VII. Conditions, I. Other Insurance is deleted and replaced with the following:
Other Insurance
If there is other collectible insurance, including but not limited to other professional liability insurance or project specific insurance, that applies to a Claim covered by this Policy, the other insurance shall be primary and this Policy shall be excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim.
Solely as respects Insuring Agreement B — Contractor's Pollution Liability, when required in a signed, written agreement executed prior to the report date of a Claim, this policy shall be primary to other collectible insurance that applies to those Claims resulting from the performance of your Contractor Services. Any other collectible insurance that applies to a Claim covered by Insuring Agreement B shall be excess and non-contributory.
Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged.
Insured
NV5 Global, Inc.
Effective Date of This Endorsement
05/01/2021
10 - BDP0713106 (07-13)
Policy Number
AEC -9044114-05
Authorized
Representative
26882-9036395-87455 Policy Form: BDP0417001 (04-17)
Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18404078 Berkley Insurance Company
Architects, Engineers & Consultants
Professional Liability
Contractor's Pollution Liability
Cyber Liability
Media and Personal Injury Liability
NOTICE: THIS IS A CLAIMS MADE AND REPORTED IN WRITING POLICY. SUBJECT TO ITS
PROVISIONS, COVERAGE APPLIES ONLY TO CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED
DURING A POLICY YEAR AND FIRST REPORTED TO US IN WRITING WITHIN THAT SAME POLICY YEAR, OR WITHIN ONE HUNDRED AND TWENTY (120) DAYS AFTER THE END OF SUCH POLICY YEAR, UNLESS AN OPTIONAL EXTENDED REPORTING PERIOD APPLIES. THIS POLICY CONTAINS
PROVISIONS THAT LIMIT THE AMOUNT OF CLAIM EXPENSES THE COMPANY IS RESPONSIBLE TO PAY IN CONNECTION WITH CLAIMS. THE PAYMENT OF CLAIM EXPENSES WILL REDUCE THE LIMITS OF LIABILITY STATED IN ITEM 3 OF THE DECLARATIONS.
PLEASE READ THE POLICY CAREFULLY.
The words "we," "us" and our mean the Insurance Company listed in the Declarations Page of this Policy. The words "you" and "your" mean any person or entity described in the definition of Insured. Words in bold print have special meanings defined in Section VI. Definitions.
In consideration of the payment of the Policy premium stated in Item 5 of the Declarations, and subject to all the terms, and in reliance upon the statements made in the application, which either is attached to this Policy or shall be deemed attached to this Policy by this provision, we agree with you as follows:
I. Insuring Agreements
We will pay up to the Limits of Liability and subject to the Deductible stated in the Declarations all sums that the Insured becomes legally obligated to pay as Damages and Claim Expenses resulting from a Claim first made against the Insured during the Policy Year and first reported to us in writing during the same Policy Year, or within 120 days after the end of such Policy Year, provided that:
A. Architects and Engineers Professional Liability
1. The Claim arises out of a Wrongful Act in, or Pollution Incident from, the performance of your Professional Services;
2. The Wrongful Act or Pollution Incident took place on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and
3. Prior to the Knowledge Date stated in the Declarations, none of the Principal Insureds knew or could have reasonably expected that any subject Professional Services might give rise to a Claim.
B. Contractor's Pollution Liability
1 The Claim arises out of a Pollution Incident from the performance of your Contractor Services;
2. The Contractor Services took place on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and
3. Prior to the Knowledge Date stated in the Declarations, none of the Principal Insureds knew or could have reasonably expected that any subject Contractor Services might give rise to a Claim.
C. Cyber Liability
1. The Claim arises out of a Wrongful Act in the performance of your Professional Services and that:
a. is specifically related to Information Technology Services; or b. results in the failure of Information Technology Products to perform the function or serve the purpose intended; or
c. results in a Cyber Security Breach; and
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2. The Wrongful Act was committed on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and
3. Prior to the Knowledge Date stated in the Declarations, none of the Principal Insureds knew or could have reasonably expected that any subject Professional Services might give rise to a Claim.
D. Media and Personal Injury Liability
1. The Claim arises out of a Wrongful Act in the performance of your Professional Services, Media Activities or Information Technology Services that result in:
a. infringement of copyright, piracy, plagiarism or misappropriation or unauthorized use of the intellectual property of others that is obtained by you under Contract;
b. infringement of trade dress, domain name, title or slogan, or the dilution or infringement of trademark or servicemark;
c. negligence regarding the Content of any Media Communication including harm caused through any reliance or failure to rely upon such Content;
d. misappropriation of trade secret;
e. defamation, libel, slander, product disparagement, trade libel, or other tort related to disparagement or harm to the reputation or character of any person or organization; but not including slander of title or any other Claim related to real or other tangible personal property;
f. invasion or interference with the right to privacy or of publicity; g. misappropriation of any name or likeness for commercial advantage; h. false arrest, detention or imprisonment or malicious prosecution; or i. invasion of or interference with any right to private occupancy, including trespass, wrongful entry, eviction or eavesdropping;
2. The Wrongful Act was committed on or after the Retroactive Date stated in the Declarations and before the end of the same Policy Year the Claim was first made; and
3. Prior to the Knowledge Date stated in the Declarations of this Policy, none of the Principal Insureds knew or could have reasonably expected that any subject Professional Services might give rise to a Claim.
II. Territory
A. The coverage afforded by this Policy applies worldwide.
B. We shall not be required to provide any coverage, pay any Claim or provide any other benefit hereunder to the extent that provision of such coverage, payment of such Claim or provision of such other benefit would be in violation of any trade or economic sanctions, laws or regulations of the United States including, but not limited to, those administered by the U.S. Treasury Office of Foreign Assets Control, or of any other jurisdiction with which we are legally obligated to comply.
III. Additional Coverages
All payments made under this section are not subject to the Deductible and are in addition to the Limits of Liability shown in the Declarations. All other Policy Terms and Conditions shall be applicable to these Additional Coverages.
A. Free Claim Prevention Assistance
If during the Policy Year, you report a Circumstance in accordance with Conditions A., until a Claim related to that Circumstance is made, we will pay all costs or expenses that we incur, or that you incur, with our prior written consent, for purposes of investigating, mitigating or avoiding a Claim.
B. Disciplinary, Regulatory or Administrative Expense Reimbursement We shall reimburse you, upon written request, for reasonable legal fees and expenses you incur in responding to any:
1. Disciplinary Proceeding, both commenced against you and reported to us during the Policy Year, by a regulatory or disciplinary official, board or agency, to investigate charges of professional misconduct in the performance of Professional Services, or
2. Regulatory or Administrative Action, including, but not limited to, one concerning the Americans with Disabilities Act of 1990, The Federal Fair Housing Act or the Occupational Safety and Health Act, both commenced against you and reported to us during the Policy Year, provided that the action arises out of a Wrongful Act, in the performance of Professional Services, committed or alleged to have been committed by you on or after the Retroactive Date(s) stated in Item 6 of the Declarations.
3. Regulatory or Administrative actions brought against you by a government agency under the Dodd - Frank Wall Street Reform and Consumer Protection Act of 2010, both commenced against you and reported to us during the Policy Year, provided that the regulatory or administrative actions:
a. arise out of the performance of Professional Services, committed or alleged to have been committed by you on or after the Retroactive Date(s) stated in Item 6 of the Declarations, and b. do not arise out of services performed as a Municipal Advisor as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act of 2010.
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The maximum we will pay pursuant to this Additional Coverage provision is $50,000 for all such actions commenced against you and reported to us during the Policy Year. We will not pay any other amounts under this provision for such actions, including but not limited to Damages, fines, taxes and penalties.
C. Defendants' Reimbursements
Upon your written request, we will reimburse you up to $400 a day for all Insureds combined, subject to a maximum of $15,000 per Claim, for your actual loss of earnings for your attendance, at our written request, at a trial, hearing, deposition, Mediation or arbitration involving a Claim.
D. Fee Dispute Mitigation Reimbursements
If you attempt to recover a Withheld Fee from a client and:
1. as a result of such collection attempts, the client first makes a Claim during the Policy Period against you for an amount greater than the Withheld Fee, and
2. you provide us with written confirmation from your client, acceptable to us, that they will withdraw their Claim against you, in exchange for your not pursuing your Withheld Fee, then we will pay 50% of your Withheld Fee, up to a maximum policy aggregate amount of $25,000. You must provide such written confirmation from your client prior to our payment of your Withheld Fee.
E. Peer Review Reimbursement
Upon your written request during the Policy Period, we will reimburse half the cost of a peer review, conducted by a qualified national professional society such as the American Institute of Architects, the American Council of Engineering Companies or a pre -approved Provider designated by us, subject to a maximum of $5,000 per Policy Period for all such programs.
F. Cyber Security Breach Response Reimbursement
Upon your written notification to us during the Policy Period of a Cyber Security Breach, we will engage a qualified firm on your behalf to:
1. investigate the breach;
2. notify any parties affected by the breach;
3. perform credit monitoring service for your clients' individual personal data or your clients' corporate data lost because of the breach; and
4. restore or recreate, if possible, any of your clients lost Content caused by the breach. The maximum we will pay pursuant to this Additional Coverage provision is $50,000 per Policy Period.
G. Crisis Management/Public Relations Event
Upon your written request, we shall reimburse you for reasonable costs you incur during the Policy Year for consultation with a public relations firm to respond to or avert negative publicity, or a potential threat to your reputation, arising from a Crisis Management/Public Relations event. A Crisis Management/Public Relations event means the death or departure of a Principal Insured, the arrest or threatened arrest of a Principal Insured arising from your Wrongful Acts, a publication or broadcast identifying an Insured and asserting or suggesting criminal conduct of an Insured, or any other event we agree may have a material adverse effect on the reputation of an Insured.
The maximum we will pay pursuant to this Additional Coverage provision is $30,000 per Policy Period.
IV. Exclusions Applicable to All Insuring Agreements
This Policy does not apply to and we shall not be liable for Damages or Claim Expenses resulting from any Claim or Circumstance that is for, based upon or arising out of:
A. your dishonest, criminal, malicious or fraudulent act or omission; however, this Exclusion shall not apply to our duty to defend any Claim unless or until a final adjudication adverse to you establishes that you committed such dishonest, criminal, malicious or fraudulent, act or omission. This exclusion shall not apply to any Insured that did not commit, participate in, or have knowledge of any dishonest, fraudulent, criminal or malicious act or omission.
B. or brought by or on behalf of or with the assistance of, or actual or potential liability to:
1. any Insured; or
2. any person or entity (or its subrogees or assignees):
a. that wholly or partly owns, operates, manages or controls any Insured; b. that any Insured operates, manages, or controls; or
c. in which any Insured has an ownership interest of greater than 49%.
C. liability assumed under any Contract. This exclusion does not apply to:
1. any liability that you would have in the absence of that Contract, or
2. your contractually assumed obligation to reimburse any person or entity for their reasonable costs of defense pursuant to an indemnity or hold harmless provision in your Contract for Professional Services, as long as such obligation is limited in the Contract to the portion of such costs equal to the percentage of your liability as ultimately determined after adjudication in a court of competent jurisdiction to be caused by your Wrongful Act or Pollution Incident using principles of comparative fault. This exception to exclusion C shall not apply to any obligation to provide a defense prior to the ultimate determination of fault.
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D. actual construction performed by any Insured, its agent, or subcontractor, including, but not limited to, performing construction, erection, fabrication, installation, assembly, manufacture, demolition, dismantling, drilling, excavation, dredging, remediation, or supplying any materials, parts, or equipment, except for supplying furnishings as a part of interior design services.
This exclusion does not apply to drilling, excavation or other sampling or testing procedures necessary to perform your Professional Services. Furthermore, this exclusion does not apply to Insuring Agreement B, Contractor's Pollution Liability.
E. your ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment or condemnation of, or Bodily Injury or Property Damage caused by, any real or tangible personal property including without limitation, automobiles, aircraft, Drone, watercraft and other kinds of conveyances.
This exclusion does not apply to your Professional Services that incorporate information obtained from the use of a Drone.
F. the design or manufacture of any goods or products for multiple sale or mass distribution that are sold or supplied by you or by others under license from you.
G. the actual, alleged, or threatened exposure to nuclear source material, nuclear by-product materials, nuclear waste activities, nuclear incident, or extraordinary nuclear occurrence, as defined in the Atomic Energy Act of 1954 or as amended.
H. any pension, healthcare, welfare, profit sharing, mutual or investment plans, funds, trusts and other type of employee benefit; any employment obligations, decisions, practices or policies as an employer, including but not limited to, any Claim under workers compensation, unemployment compensation, employee benefits, or disability benefits; or any violation of the Employee Retirement Income Security Act of 1974 or the Patient Protection and Affordable Care Act of 2010 or any amendment to these Acts or any similar local, state, federal or foreign equivalent law or regulation. actual or alleged discrimination, humiliation, harassment or misconduct, including but not limited to any conduct based on an individual's race, religion, color, gender, sexual preference or orientation, national origin, age, disability or marital status. This exclusion does not apply to an otherwise covered Claim brought under Title II of the Americans with Disabilities Act or the Fair Housing Act, or any similar state or local law or ordinance.
V. Exclusions — Applicable to Insuring Agreements C & D Only In addition to the Exclusions Applicable to All Insuring Agreements (Section IV), Insuring Agreements C and D also do not apply to and we shall not be liable for Damages or Claim Expenses resulting from any Claim or Circumstance that is for, based upon or arising out of:
A. Bodily Injury or Property Damage.
B. inaccurate, inadequate or incomplete description of the price of goods, products or services; cost guarantees, cost representations or Contract price estimates of probable costs or cost estimates actually or allegedly being exceeded; the failure of goods, products or services to conform with any represented quality or performance contained in any Advertising; or any actual or alleged gambling, contest, lottery, promotional game or other game of chance.
C. any actual or alleged obligation to make licensing fee or royalty payments, including but not limited to the amount or timeliness of such payments.
D. any costs or expenses incurred or to be incurred for:
1. the reprinting, recall, removal or disposal of any Media Material, including any media or products containing such Media Material; or
2. the withdrawal, recall, inspection, repair, replacement, reproduction, removal or disposal of:
a. Information Technology Products, including any products or other property of others that incorporate Information Technology Products;
c. work product resulting from or incorporating the result of Information Technology Products; or d. any products or other property on which Information Technology Services are performed; provided that this exclusion shall not apply to Claims for the resulting loss of use for the Media Material or Information Technology Products, or loss of use of the work product resulting from such Information Technology Services.
E. any spike in, surge of, decrease in, disruption of, fluctuation in or failure of any infrastructure service or utility provided by a third party, including but limited to power, water, gas, communications or connectivity; or fire, flood, earthquake, volcanic eruption, explosion, lightning, wind, hail, tidal wave, landslide, act of God or other physical or force majeure event.
F. any actual or alleged antitrust violation, restraint of trade, unfair competition, violation of the Sherman Antitrust Act, the Clayton Act, the Robinson-Patman Act, as amended or any similar law or legislation or any state, province or other jurisdiction, false, deceptive or unfair trade practices, violation of consumer protection laws or false, deceptive or misleading Advertising.
G. any action brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission or any similar government entity, in such entity's regulatory or official capacity.
H. any actual or alleged infringement or copyright or misappropriations of trade secret arising out of or related to Information Technology Products or Information Technology Services.
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I. the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, or condition of use of any property.
J. the delay in delivery or performance, or failure to deliver or perform, at or within an agreed upon period of time.
K. invasion of or interference with any right to private occupancy or privacy, including without limitation, trespassing or eavesdropping, arising from the use of a Drone.
VI. Definitions
A. Advertising means material that promotes your products, services or business.
B. Bodily Injury means physical injury, disease, sickness or death of any person, including any mental anguish, mental injury, emotional distress, pain and suffering or shock resulting therefrom.
C. Circumstance means an event that reasonably would be expected to result in a Claim being made.
D. Claim means any notification received by you demanding compensatory money Damages or compensatory, corrective or remedial services. Two or more Claims for or arising out of the same or related Wrongful Act(s) shall be considered a single Claim for all purposes under this Policy.
E. Claim Expenses mean:
1. Reasonable and necessary fees charged by an attorney(s) designated by us, or designated by you with our prior written consent, to defend a Claim; and
2. All other fees, costs and charges, resulting from the investigation, adjustment, defense and appeal of a Claim, if incurred by us, or by you with our prior written consent, including premiums on appeal bonds, provided that we shall not be obligated to apply for or furnish such appeal bonds.
Our determination of Claim Expenses shall be conclusive. Claim Expenses do not include your or our salary charges, wages or expenses of partners, principals, officers, directors, members or employees.
F. Clean -Up Costs means costs, charges and expenses incurred in the investigation, removal or neutralization of a Pollution Incident, provided that such Pollution Incident arises out of the performance of Professional Services by you or on your behalf.
G. Content means data, digital code, images, drawings, scents, sounds, tastes, texts or textures.
H. Contract means any agreement, whether express or implied, in fact or in law, written or oral, including without limitation, hold harmless or indemnity clauses, warranties, guarantees, certifications or penalty clauses.
I. Contractor Services means drilling, excavation, or other sampling or testing procedures or construction, remediation or operational activities performed by you, your agent, or your subcontractor, necessary to perform your Professional Services.
J. Cyber Security Breach means your computer network security activities that result in:
1. the failure to prevent the introduction or transmission of a computer virus or any other malicious code, but only if such computer virus or malicious code affects the data, software, firmware, systems or networks of your clients;
2. the failure to provide your clients with access to your website, or your computer or communications network, when your clients have authorized use of your website, or your computer or communications network;
3. failure to prevent unauthorized access to, or use of, data, software, firmware, systems or networks containing private or confidential information of your client;
4. the destruction, deletion or corruption of your client's electronic data; or
5. failure to prevent the theft, unauthorized or illegal disclosure or loss of your client's information listed below:
a. an individual, natural person's private Content, or
b. commercial confidential information that resides in or on your hardware devices or data systems.
K. Damages means compensatory monetary amounts for a covered Claim that you become legally liable including judgments (inclusive of any pre -or post -judgment interest), awards, or settlements agreed with our prior approval.
Damages include fines, sanctions, taxes, penalties, punitive or exemplary damages and the multiple portion of any multiplied damage award unless any are uninsurable pursuant to applicable law. For purposes of Insuring Agreement B, Damages include Emergency Expense and Clean -Up Costs. Damages do not include any return, withdrawal or reduction of professional fees, profits or other charges.
L. Drone means an Unmanned Aircraft System as defined by the Federal Aviation Administration.
M. Emergency Expense means reasonable and necessary expense, incurred by you, on an emergency basis, within five days of a Pollution Incident, to contain, control, mitigate or rectify such Pollution Incident resulting from your Contractor Services that is an imminent and substantial endangerment to public health, safety or welfare, or the environment, where the absence of such emergency action being undertaken without delay, further harm to third parties or the environment is imminent.
N. Information Technology Products means a computer or telecommunication hardware or software product or other electronic product that is created, developed or manufactured by you for others including software updates, service packs and other maintenance releases for such products.
0. Information Technology Services means:
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1. consulting on, design of, development of, analysis of, integration of, interface of, modification of and programming of software, hardware, networks, telecommunication systems and electronic or digital devices performed by you for your clients;
2. installation of, training in the use of, support of, servicing of, maintenance of, repair of your Information Technology Products;
3. marketing of, selling of, licensing of and distribution of your Information Technology Products;
4. storage of, warehousing of, mining of and processing of data by you for your clients;
5. managing, operating, administering and hosting your Information Technology Products for your clients; or
6. activities performed on your website(s); but shall
not mean Information Technology Products.
P. Insured means the following:
1. The Named Insured designated in Item 1 of the Declarations, or by Endorsement to this Policy;
2. Any Named Insured with respect to your participation in a legal entity, including a joint venture, but solely for your legal liability for the performance of Professional Services by that legal entity. Insured does not include the legal entity or any other entity that is part of the legal entity;
3. Any person who is, was, or hereafter becomes a partner, principal, officer, director, member, or employee of the Named Insured, but only for Professional Services performed in such capacity on behalf of the Named Insured;
4. A retired partner, principal, officer, director, member or employee of the Named Insured, while acting within the scope of their duties as a consultant for the Named Insured;
5. Any temporary or leased personnel, but only for Professional Services performed while acting under the direct supervision of and on behalf of the Named Insured;
6. Your estate, heirs, executors, administrators, and legal representatives, in the event of your death, disability, incapacity, insolvency, or bankruptcy, but only to the extent you would have otherwise been provided coverage under this Policy;
7. Your lawful spouse or legally recognized domestic partner solely by reason of their legal status, or their ownership interest in property or assets that are sought as recovery. This shall not apply to the extent a Claim alleges any Wrongful Act by such spouse or legally recognized domestic partner;
8. With respect to Insuring Agreement B — Contractor's Pollution Liability, any person or organization that you are required in a written agreement, executed prior to the Claim, to include as an Insured under this Policy but solely to the extent that such person's or organization's liability arises out of your performance of Contractors Services;
9. Your newly formed or acquired entities, other than a partnership, joint venture or limited liability company, in which you maintain majority interest, provided there is no other similar insurance available to that entity; however:
a. Coverage is only afforded for ninety (90) days after you form or acquire the entity or the end of the Policy Year, whichever is earlier; and
b. Coverage does not apply to Professional Services provided prior to the date the firm was formed or acquired.
Q. Knowledge Date means effective date of the first Architects, Engineers & Consultants Policy issued by us to you and continuously renewed and maintained in effect to the inception of this Policy Period.
R. Media Activities means Media Communications and/or the gathering, collection or recording of Media Material for inclusion in any Media Communication in the ordinary course of your business.
S. Media Communications means the display, broadcast, dissemination, distribution or release of Media Material to the public by you.
T. Media Material means information in the form of words, sounds, numbers, images or graphics in electronic, print or broadcast form, including Advertising, but does not mean computer software or Content.
U. Mediation means a non-binding process in which a neutral panel or individual assists the parties in reaching their own settlement.
V. Policy Period means the period specified in Item 2 of the Declarations or any shorter period that may occur as a result of a cancellation or termination of this Policy.
W. Policy Year means each consecutive twelve (12) months beginning on the effective date of the Policy Period shown in the Declarations. However, if a Policy Year within a Policy Period is modified by Endorsement, then any period fewer than twelve (12) months will be deemed a separate Policy Year.
X. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants does not mean heat, smoke, vapor, soot or fumes from a hostile fire or explosion.
Y. Pollution Incident means the actual or alleged discharge, dispersal, seepage, migration, release or escape of Pollutants into or upon land, the atmosphere or any watercourse or body of water, that results in Bodily Injury or Property Damage. It does not include the transportation, shipment, delivery, storage or disposal of Pollutants, contaminants, waste, products or materials.
Z. Principal Insureds means your directors, officers, principals, partners or insurance managers.
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AA. Professional Services means those services that you or others on your behalf perform for others in your practice as an architect, engineer, land surveyor, interior designer, landscape architect, construction manager, scientist, environmental or technical consultant or as otherwise defined by endorsement to this Policy. Professional Services do not include those services provided in the capacity of a Municipal Advisor, as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act of 2010, including without limitation financial advice specific to the procurement of any financing or monies for payment of any project.
BB. Property Damage means physical injury to or destruction of tangible property or loss of use thereof.
CC. Withheld Fee means any contractually due fee that your client refuses to pay you for more than 6 months.
DD. Wrongful Act means any actual or alleged act, error or omission by you or by any entity or person for whom you are legally liable. Related Wrongful Act(s) are those that arise out of, are based on, logically or causally relate to or are in consequence of the same or related Professional Services or Contractor Services.
VII. Conditions
A. Reporting of Circumstances That May Give Rise to a Claim If, during the Policy Year, you become aware of a Circumstance, and, during the same Policy Year, provide us with written notice of the Circumstance, containing:
1. When and how you first became aware of the Circumstance;
2. The reasons for anticipating such a Claim;
3. The nature and dates of the alleged Circumstance;
4. Any alleged injuries or Damages sustained; and
5. The names of potential claimants, if available,
then any Claim subsequently made shall be deemed to have been made and reported on the date we received the written report of the Circumstance.
However, this section shall not apply to Section III. F. Cyber Security Breach Response Reimbursement.
B. Reporting a Claim
In the event of a Claim, you shall:
1. Promptly report the Claim to us in writing at the address stated in the Declarations;
2. Provide sufficient information to identify the claimant;
3. Immediately forward to us every demand, notice, summons or other process including institution of alternative dispute resolution proceedings received; and
4. Provide reasonably attainable information with respect to the time, place and Circumstances of the Claim and the names and addresses of available witnesses.
C. Defense, Cooperation and Settlement
1. We have the right and duty to defend any Claim made against you to which this insurance applies. We will pay Claim Expenses when we have such a duty. When a Claim made against you is a civil proceeding, defense counsel may be designated by us, or, at our option, designated by you with our prior written consent and subject to our guidelines. All Insureds shall cooperate with us or our designee in the defense or investigation of a Circumstance or Claim, including but not limited to assisting us in the conduct of suits or other proceedings, settlement negotiations, and the enforcement of any right of contribution or indemnity against another who may be liable to you. You shall attend hearings, depositions and trials and assist in securing evidence and obtaining the attendance of witnesses.
2. You shall not, except at your own cost, make any payment, admit any liability, settle any Claim, assume any obligation or incur any expense without our prior written consent.
3. You shall obtain our written consent before exercising any right, assuming any obligation, or making any agreement, with respect to any dispute resolution mechanism or process, including but not limited to rejecting or demanding arbitration.
4. We shall not settle any Claim without your written consent. If, however, consent to settlement recommended by us is withheld, and you elect to continue to contest the Claim, then our liability for Damages shall not exceed the amount for which the Claim could have been settled. We shall only be liable for 50% of Claim Expenses in excess of the Deductible incurred after the date the consent was withheld. You shall be liable for the remaining 50% of Claim Expenses in excess of the Deductible incurred after that date.
D. When a Claim is First Made
A Claim shall be considered to have been first made at the earliest time that you are aware of it. Two or more Claims for or arising out of the same or related Wrongful Act(s) shall be considered first made within the Policy Year in which the earliest of such Claims were first made, or deemed to be made pursuant to CONDITIONS A of this Policy.
E. Limits of Liability
1. The Limits of Liability shown in Item 3 of the Declarations and described below, are the most we will pay regardless
of the number of Insureds, Claims, individuals or entities making Claims.
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2. The each Claim limit shown in Item 3A of the Declarations is the most we will pay for the sum of all Damages and Claim Expenses arising out of any single Claim. Two or more Claims considered a single Claim shall collectively be subject to the each Claim limit of liability shown in Item 3A of the Declarations.
3. The each Claim limit is the most we will pay for the sum of all Damages and Claim Expenses arising out of any single Claim regardless of how many Insuring Agreements may apply to such Claim.
4. The Policy Year Aggregate limit shown in Item 3B of the Declarations is the most we will pay for the sum of all Damages and Claim Expenses for all Claims made and reported during each Policy Year.
5. The payment of Damages and Claim Expenses will reduce the each Claim limit.
F. Deductible
You must pay the Deductible for Claim Expenses and Damages covered by this Policy before we are obligated to make any payment under the each Claim limit. The Deductible must be paid from your own account, and payments by other parties or insurers on your behalf shall not satisfy the Deductible. We have the right to determine the reasonableness of Claim Expenses that qualify to satisfy the Deductible. The Deductible for each Claim is set forth in Item 4A of the Declarations. The Policy Year Aggregate Deductible shown in Item 4B of the Declarations is the most the Named Insured must pay as a Deductible for the sum of all Claims made and reported during each Policy Year.
G. Deductible Credits
1. Mediation Credit: Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of $15,000 if you agree with our decision to use Mediation and the Claim is fully and finally resolved by such Mediation.
2. Risk Management Credit: Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of $25,000 if prior to the report date of a Claim, there is a signed, written and enforceable agreement for the Professional Services involved in the Claim, and it includes a clause limiting your liability to $250,000 or less.
3. First Claim Deductible Credit: If the first Claim you ever report to us is made against you:
a. Greater than 24 months after the Knowledge Date shown on the Policy Declarations, then your Deductible obligation for that Claim may be reduced by 25%, subject to a maximum reduction of $40,000; or b. Greater than 36 months after the Knowledge Date shown on the Policy Declarations, then your Deductible obligation for that Claim may be reduced by 50%, subject to a maximum reduction of $40,000.
If more than one Deductible Credit applies, your Deductible obligation will be reduced by 50%, subject to a maximum reduction of $50,000.
H. Notice of Cancellation and Nonrenewal
This Policy may be canceled by the Named Insured identified in the Declarations, by surrender of the Policy to us or our authorized representative or by giving us written notice stating when, thereafter, such cancellation shall be effective. We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this insurance or in relation to any Claim, or changes in law affecting this Policy. If we cancel this Policy, we will mail or deliver to the first Named Insured, on behalf of all Insureds, written notice of cancellation. We will provide you at least ten (10) days -notice before the effective date of cancellation if we cancel for nonpayment of premium. If we cancel for any other reason, we will provide at least sixty (60) days -notice before the effective date of cancellation.
If this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata.
The cancellation will be effective even if we have not made or offered a refund.
We will give you written notice sixty (60) days prior to the expiration of this Policy if we do not intend to renew this insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will be sufficient proof of notice.
Other Insurance
If there is other collectible insurance, including but not limited to other professional liability insurance or project specific insurance, that applies to a Claim covered by this Policy, the other insurance shall be primary and this Policy shall be excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim.
J. Subrogation
In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Claim is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you had, prior to a Claim or Circumstance, entered into a written agreement to waive such rights. Any recovery shall first be paid to us up to the extent of any Damages or Claim Expenses paid by us and the balance shall be paid to you.
K. First Named Insured as Sole Agent
The first Named Insured in Item 1 of the Declarations will be the sole agent and will act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, giving or receiving notice of cancellation or nonrenewal, the payment of any Deductibles, and to exercise the rights provided in Section Q Extended Reporting Period Option.
L. Alteration and Assignment
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Attachment Code: D589795 Master ID: 1491108, Certificate ID: 18404078
BERKLEY INSURANCE COMPANY
No change in, modification of, or assignment of interest under this Policy shall be effective except when made by written Endorsement or signed by our authorized representative.
M. Change in Controlling Interest
If, during the Policy Period:
1. a Named Insured merges into or consolidates with another entity such that the Named Insured is not the surviving entity;
2. another person or entity acquires the Named Insured;
0. another person or entity acquires a controlling interest in the Named Insured; or
1. there is a divestiture or sale of more than fifty percent of a Named Insured's assets and/or liabilities; then the coverage under this Policy will continue for the Named Insured, but only for Wrongful Acts that happen before the date of such event described above. This will apply unless you notify us within thirty (30) days of such event and we issue an endorsement stating otherwise.
N. Bankruptcy or Insolvency
You or your estate's bankruptcy or insolvency will not relieve us of our obligations under this Policy.
0. Legal Action Against Us
No individual or entity has a right under this Policy to join us as a party to any action seeking Damages from you. No action may be brought against us unless you have fully complied with all the terms of this Policy.
P. Liberalization
If we file with the appropriate regulator, general revisions to the terms and conditions of the Policy form to provide more coverage without an additional premium charge, then your policy will automatically provide this additional coverage as of the date the filed revision is effective in the state shown in the mailing address of the Declarations.
Q. Extended Reporting Period
At expiration or termination of your policy, you have an automatic one hundred and twenty (120) day period to report all Claims first made against you during the PolicyYear. Policy termination includes cancellation, non -renewal, expiration, or reduction in coverage.
You may elect one Optional Extended Reporting Period subject to the following provisions:
1. You must elect an Optional Extended Reporting Period in writing within thirty (30) days of the termination of this Policy and pay the additional premium at that time. Upon electing this option, the premium is fully earned by us and the Optional Extended Reporting Period cannot be cancelled. You are not eligible for this option if you have obtained other insurance to cover the Claims that would otherwise be covered by an Optional Extended Reporting Period.
2. Coverage afforded under an Optional Extended Reporting Period will apply to Claims resulting from a Wrongful Act committed on or after the Retroactive Date stated in the Declarations and before the expiration or termination of the Policy, provided the Claim is made against you and reported to us in writing during the Optional Extended Reporting Period.
3. The aggregate limit applicable to an Optional Extended Reporting Period shall be the remaining aggregate limit of the terminated Policy.
4. The additional premium for an Optional Extended Reporting Period will be 100% of the expiring annual premium for a one (1) year period, 150% of the expiring annual premium for a two (2) year period and 185% of the expiring annual premium for a three (3) year period.
5. An Endorsement will be issued showing the term of the Optional Extended Reporting Period and the amount of premium.
In witness whereof, the Insurance Company has caused this Policy to be executed and attested by signatures of its President and Secretary.
President
Secretary
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