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A9161 - John Friedman Alice Kim Architects
CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Insurance Contract Company Name: John Friedman Alice Kimm Architects Company Contact: Alice Kimm, Principal -in -Charge Summary of Services: CP 22-05, Palm Springs Navigation Center Contract Price: $860,640 Funding Source: HomeKey2 Program grant funds Contract Term: NTE 3 years Contract Administration Lead Department: Development Services — Engineering/Community & Economic Development Contract Administrator: Joel Montalvo/Jay Virata Contract Approvals Council Approval Date: June 16, 2022 Agenda Item No.: Item 3.C. Agreement Number: A9161 Navigation Center Masterfile #A9034 Contract Compliance Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: N/A Contract Prepared By: Engineering Division Submitted on: 06/23/2022 By: Vonda Teed PROFESSIONAL SERVICES AGREEMENT A 9161 JOHN FRIEDMAN ALICE KIM ARCHITECTS PALM SPRINGS NAVIGATION CENTER, CITY PROJECT NO.22-05 THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into, and effective on ,I (, 20a between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and JOHN FRIEDMAN ALICE KIM ARCHITECTS, a California corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a professional architectural and engineering design team, for the Palm Springs Navigation Center, City Project No. 22-05 ("Project"). B. Consultant has submitted to City a proposal to provide professional architectural and engineering design services, to City under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work"), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional. and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Revised 2.9.22 Page 1 of 20 Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibit "B", respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (Vg the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposal; (3rd) the terms of this Agreement; and, (0) the provisions of the Consultant's Proposal. 1.3 Comndance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. Revised 2.9.22 Page 2 of 20 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit `B" and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Eight Hundred Sixty Thousand Six Hundred and Forty Dollars ($860,640) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "B." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time- consuming than Consultant anticipates that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City's Maximum Contract Amount is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "B"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such Revised 2.9.22 Page 3 of 20 reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chanees in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "B"), incorporated herein by this reference. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); Revised 2.9.22 Page 4 of 20 and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 18 months, commencing on July 1, 2022 and ending on December 31, 2023, unless extended by mutual written agreement of the Parties. However, the term shall not exceed three (3) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Alice Kimm, Principal -in -Charge. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer Revised 2.9.22 Page 5 of 20 fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. Revised 2.9.22 Page 6 of 20 B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and Revised 2.9.22 Page 7 of 20 expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an `occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, Revised 2.9.22 Page 8 of 20 in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non -owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self -insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: A. For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, Revised 2.9.22 Page 9 of 20 including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 1. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not Revised 2.9.22 Page 10 of 20 intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Covera=e. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract Na" or 'for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or se(f- insurance the City may have..." ("as respects City of Palm Springs Contract No." or 'for any and all work performed with the City" may be included in this statement). Revised 2.9.22 Page 11 of 20 C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 Desian Professional Services Indemnification and Reimbursement. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining Revised 2.9.22 Page 12 of 20 a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 7. REPORTS AND RECORDS 7.1 Accountine Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Revised 2.9.22 Page 13 of 20 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the tern of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Revised 2.9.22 Page 14 of 20 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. 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. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Riebts and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Leeal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the Revised 2.9.22 Page 15 of 20 City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not 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; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall he at Consultant's expense. Consultant shall Revised 2.9.22 Page 16 of 20 not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: John Friedman Alice Kimm Architects Attention: Alice Kimm, FAIA, Principal -in -Charge 1461 E. 4th Street Los Angeles, CA 90033 Telephone: (21) 253-4740 10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of Revised 2.9.22 Page 17 of 20 this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -parry beneficiary or otherwise, upon any entity or person not a parry to this Agreement. 10.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 11. GRANT AND FEDERAL PROVISIONS Funds from the State of California and the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF") will be used to fund all or a portion of this Agreement. Consultant shall comply with all state and federal requirements including, but not limited to, the following (as applicable): 1. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions, Treasury's Final Rule, and SLFRF reporting requirements, as applicable (collectively, the "SLFRF Compliance Requirements"). The SLFRF Compliance Requirements are expressly incorporated herein by reference. 2. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference. 3. Federal Contract Provisions attached hereto as Exhibit "C" and incorporated herein by reference. 4. The Grant Agreement between the State of California and City of Palm Springs, which is expressly incorporated herein by reference. Revised 2.9.22 Page 18 of 20 Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, SLFRF Compliance Requirements, 2 C.F.R. Part 200, SLFRF Federal Contract Provisions, and the Grant Agreement between the State of California and City of Palm Springs. With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE] Revised 2.9.22 Page 19 of 20 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND JOHN FRIEDMAN ALICE KIMM ARCHITECTS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONT TOR: By: Signature Date: 2 ?'V CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: Item No. By: Jefftef S. aly' er, City Attorney APPROVED: By: 4v JusV Clifton City Manager By: Signature (2ndsignature required for Corporations) Date: 6l2 I /'L Revised 2.9.22 Page 20 of 20 ATTEST: By: M 'que Lomeli, Interim City Clerk Date:TE/2 Z EXHIBIT "A" SCOPE OF SERVICES John Friedman Alice Kimm Architects 1461 E 4th Street JF( )AK Los Angeles, CA 90033 213 253 4740 jfak.net Response to RFP E-22-OS: Architectural Design Services for Navigation Center Respectfully Submitted to: 4 April 2022 Table of Contents 1 Cover Letter.................................................................................... 1 2 Firm Qualifications 3 3 Organization Chart....................................................................... 7 4 Project Team.................................................................................... 8 5 General Approach to Providing the Scope of Work ..................... 14 6 Reference Projects........................................................................ 18 NAVIGB: CD 8 Homeless Navigation Center (18-19) Palmdale SAVES Homeless Navigation Center (20-21) La Kretz Innovation Campus (LKIC) (22-23) Kinross Recreation Center, UCLA (24-25) LACDA Fast -Track Housing Supply Prototype (26-27) Pic, Pico Pocket Park and Parking Structure (28-29) Open Source Homelessness Initiative (OSHI) (30) 7 Forms Attachment B Attachment C Attachment D Attachment E 8 Appendix: Subconsultant Resumes MEP Engineer - Salas O'Brien Lighting - ALD Lighting Civil Engineer - VCA Landscape Architect - Office of the Designed Landscape Structural Engineer (if needed) - Englekirk Cost Proposal - Separate Document John Friedman Alice Kimm Architects 1461 E4th Street JF( )AK Los Angeles, CA 90033 213 253 4740 jfak.net 4 April 2022 Evaluation Committee City of Palm Springs Via PlanetBids System Reference: Response to RFP E-22-05, City of Palm Springs Architectural Design for Navigation Center Dear Members of the Evaluation Committee: We at John Friedman Alice Kimm Architects (JFAK) are very pleased to submit this response to your RFP to provide the architectural services outlined in your RFP E-22-05. Your RFP resonates strongly with us because of our deep commitment to the challenges surrounding affordable housing, homelessness, and equity. This commitment has led us to seek out and successfully deliver projects that uplift, humanize, and dignify individuals in need, through architecture that is civic -scaled, welcoming, inspiring, and open. Many of these projects, as well as others in our portfolio, evidence our expertise in the types of programs that will be housed at this site - including job training facilities; computer classrooms; offices; both indoor and outdoor fitness environments; laundry, hygiene, and storage facilities; parking lots; housing; playgrounds and outdoor spaces; kitchen and dining facilities; and shade structures. In addition, we have delivered several successful projects using modular building construction, and are renowned for our transformative adaptive reuse work. Importantly, we delivered a very successful Homeless Navigation Center for the City of LA's Council District 8 a little over a year ago. Named NAVIG8, it provides personal storage, hygiene, laundry, and informal job training and counseling to unhoused individuals in and around CD8's South LA neighborhood. Councilperson Marqueece Dawson -Harris has stated that NAVIG8 is one of the projects in his district that he is most proud of, because it provides an uplifting environment that is respectful and welcoming, in addition to creating an iconic civic presence in its neighborhood context. In addition, we recently completed a feasibility studyfor a new Homeless Navigation Center for the City of Palmdale, within which the primarytenant, SAVES Food Bank, will occupy the ground level and provide a symbolic as well as literal foundation for emergency transitional housing located on its upper floors. Like NAVIG8, the SAVES Navigation Center will establish a prominent, iconic presence in its context, and be welcoming and civic in scale. We thus bring to the City of Palm Springs a deep, heartfelt commitment to the work and project at hand. We understand its urgency, the funding constraints that will impact the project's schedule, and the necessity to be nimble and to work hand -in -hand with the City of Palm Springs to find the best delivery method, the best and most efficient modular building company, and the most efficient project management workflow. We are ready. We have worked in similarly urgent contexts before, and have been successful. Our own methodology is highly collaborative, and our communication skills are superlative. Together, we can work with the City of Palm Springs, as we have with other cities including Los Angeles, Palmdale, Fremont, and Anaheim, to find the best path to delivering a fantastic project to serve all of its constituents. I will personally take charge of the project, and you'll find in me a passionate, committed advocate for the project, its mission, and its successful and uplifting delivery. We understand what needs to be done As noted or suggested above, JFAK has delivered many successful projects, both new construction and adaptive reuse / renovation, across a wide range of program and building types, many of them relevant to this project. Our expertise and know-how therefore run very deep. We are also adept site and master planners, and have designed public spaces, parks, institutional and higher education campus quads, and public monuments and installations. Ultimately, this wide range of experience has given us an extraordinary ability to work in complex or downright difficult contexts, innovate with program, resolve conflicts and overlaps in user groups' needs and aspirations, and bring fresh insight to old and sometimes very tired spaces and sites. We love our work, and that contributes to why we are good at it. For us, the work is about addressing design challenges at multiple scales - so that the big picture is given as much consideration as the smallest problem, so that the construction detail is as John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center finely wrought as the overall planning, massing, and siting strategy. This ability to design holistically allows us to achieve an "integrated sustainability" - the creation of resilient physical environments that are functional yet inspiring, economical yet soaring, high-performance yet joyful. We delight in these dualities, and achieving balance between all of these qualities gives our architecture its relevance as well as its delight and inspiration. We can accelerate schedules and expedite projects We have delivered multiple projects under extremely tight time -frames. There is no magic bullet - we read fine print, follow directions, listen, and produce extremely rigorous, well -coordinated, and detailed submittals. This means that we provide superior service not just with respect to design, but also with respect to project management, entitlements, construction documentation, and construction oversight. We ask: What is the point of great design if it is not properly detailed, and delivered on time and on budget? This holistic picture translates into a highly coordinated workflow that results in streamlined, efficient, and smooth project delivery with minimal change orders, delays, or confusion. We can deliver your project in the approximately one-year timeframe noted in your RFP - as long as all members of the entire project team - from the City, stakeholders, General Contractor, modular building company, and design/engineering firms - are fully committed to doing so. We commit ourselves to this achievement. Experience with similar kinds of work We are active in efforts to end homelessness on many levels. In addition to the NAVIG8 and Palmdale SAVES Navigation Center mentioned above, we have extensive experience in the design of housing. Recently, we were awarded both Tiny Homes and Prefab Homes Demonstration Fast -Track Housing projects by Los Angeles County Development Authority (these are on hold given siting and funding issues). We have delivered two successful very -low-income senior housing projects in Los Angeles, and numerous market -rate family and single- family residential projects. In addition, a public art installation we designed for United Way of Greater Los Angeles Los Angeles (UWLA) was unveiled at SoFi Stadium last October, and will be up and on display again in May. As part of UWLA's "Everyone In" campaign to end homelessness, this interactive civic piece is called "Listen In" - it asks people to visit, listen, learn, reflect, and then take part in collective action to end homelessness. Finally, we have formed a non-profit organization called Open Source Homelessness Initiative (oshi-la.org), an open -source platform for sharing knowledge, resources, and tools that connect architects, policy makers, other non -profits, and cities to accelerate innovation in the design of housing and support facilities. Experience Working with Cities and Public Agencies JFAK has a strong record of working successfully with public agencies, having designed facilities for many City organizations including LA BOE, LACCD, LAUSD, LADWP, LASAN, LANI, Anaheim PUD, and others. Two of our projects - LA Design Center and Lo Kretz Innovation Campus - won the Rudy Bruner Silver Medal for Urban Excellence, in 2007 and 2017. JFAK is the only firm to have been so honored twice. JFAK is proudly MSE/WBE/SBE with a quality staff who can get the job done JFAK is MBE/WBE/SBE-certified. We are committed to equal opportunity employment and prohibit unlawful discrimination. Our distinctively diverse team will apply extra -ordinary thought and effort to the creation of your City's Navigation Center. Please do not hesitate to contact us with any questions. Respectfully Submitted, Tea JFAK c Ti r„ Alice Kimm, FAIA Project Principal Main Point of Contact akimm@jfak.net 213 700 4740 Lauren Rath Project Manager John Friedman, FAIA Derek Greene Adelfrid Project Design Lead Senior Associate Ramirez Project Designer Designer John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center N Firm Qualifications Firm Profile Firm Name John Friedman Alice Kimm Architects (JFAK) Location 1461 E 4th Street, Los Angeles, CA 90033 Firm Website jfak.net Legal Founded 1996, California S-Corporation Structure Officers: Alice Kimm, Partner (51%), John Friedman, Partner (49%) No. of Employees 19 FTE, including 2 Licensed Architect Partners and 1 Licensed Architect Statement We are a small, woman-, and minority -owned business enterprise (certified Regarding SBE, WBE, and MBE). Our staff makeup is 53% minority and 47% women. Small Business We celebrate With the belief that the more inclusive we are, the stronger Designation and our architecture will be, we have built a workforce and project teams with Status members who encompass a variety of backgrounds, perspectives, and skills. In fact, the aspiration to be inclusive ties directly into JFAK's sensitive response to place, culture, and identity, and this is one of the recognized hallmarks of the architecture we create. Currently Active Certifications: • Minority -owned Business Enterprise (MBE), City of LA, County of LA • Women -owned Business Enterprise (WBE), City of LA, County of LA • Small Business Enterprise (SBE), State of CA DGS Sustainable Sustainability for us at JFAK is a set of values that describes how we practice, Design collaborate, design, and live our lives. We have delivered numerous successful and award -winning "green" projects, including three LEED-Platinum, one WELL -Gold, and one LEED-Gold projects. Our work with LEED and other certification processes ensures smooth and comprehensive delivery of all d `` required sustainability-related documentation and commissioning materials, when desired or required. Honors, Media, Our design achievements are evidenced by the numerous honors and and Distinctions recognition received. Both Alice and John were named Fellows of the American Institute of Architects (FAIA), the highest privilege accorded to American architects, for their exceptional work and contributions to architecture and society. They were selected by The Architectural League of New York as 'Emerging Voices' in 2003. Alice was invited to give a TEDx talk in 2015, and the firm has won two Rudy Bruner Awards for Urban Excellence, the only firm to receive this notable distinction twice. The firm is the recipient of over 100 major design honors, including over 25 AIA design awards. Both partners lecture widely and are noted university educators. They have served on faculty at leading institutions including USC. This ongoing activity manifests itself in an extraordinary responsiveness to the aspirations and needs of extended communities of all types and constituencies. T EC T URAL ARCHITRCEURAL AZURE t R Eos Angeles Mimes SAM the lrchiH:rls \c%tspeper HM ( 01i 1(,\M 00ATE WFUlbright Wallpaper* CI c i URBAN THE \cui fork FORUM Sun"t PHRIDON 111119 ®RUDYBRUNERAWARD ARCHITECT l';uncs RTLRS RADIO FRAM3 FOR URBAN E%CEIIENCE John Friedman Alice Kimm Architects City of Polm Springs Architectural Design for Navigation Center , Firm History Evolution In the mid-1990's, John and Alice began contributing to the reintroduction of color and texture, spatial imagination, craftsmanship, and humor as powerful design tools to express community identity and shape contemporary culture. Progressive early projects such as Club Sugar and LA Design Center were followed by resilient, inclusive learning environments for Caltech, Claremont McKenna College, and LA Unified School District, among others. Concurrently, JFAK's mandate to deliver an accessible "integrated sustainability" led the firm to partner with socially - oriented cities including Los Angeles and Anaheim and nonprofits including LA Cleantech Incubator and The United Way to create community - centered environments and installations. Recently, John and Alice, with several collaborators, launched Open Source Homelessness Initiative (OSHI), a 501(c)3 organization that accelerates innovations to eradicate homelessness. Through their architecture and activism, John and Alice are fulfilling the promise they made to catalyze social change as two of The Arch League of NY's 2003 Emerging Voices. Inspiration There are many aspects to architecture - so many issues to address, problems to solve, desires and needs to meet - but underlying any project or body of work is always a set of constants that, whether intended or not, holds the designers' work together, reveals their reasons for being in the discipline: what they value, love, wish to achieve. At JFAK, we take on projects based on just two simple criteria: Is there a design challenge? And is there a social component, the potential to make a positive difference in the community? Because for us, beneath the spatial and formal shapes, choices in material and color, humor and language, the goal is always to merge our two criteria, to explore the possibilities and limits of creativity that create community and inclusion, meaning and identity, wonder and joy, all while improving and protecting our environment. CD8 Homeless Navigation Center Palmdale SAVES Navigation Center La Kretz Innovation Campus (LKIC) John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center Firm Qualifications and Experience Experience As noted in our Cover Letter and highlighted in our Relevant Projects section, in Delivering JFAK delivered a highly lauded Homeless Navigation Center for the City of LAS Navigation Council District 8 a little over a year ago. Named NAVIG8 and already awarded Centers numerous design honors, it provides personal storage, hygiene, laundry, and informal job training and counseling to unhoused individuals located in and around CD8 in South LA. NAVIG8 provides an uplifting, dignified environment that is welcoming as well as iconic in the neighborhood. In addition, we recently completed a study for the new City of Palmdale's SAVES Navigation Center, within which SAVES Food Bank will occupy the ground level with emergency transitional housing on the upper levels. The project will move forward once funding is available. Like NAVIG8, the Palmdale SAVES Navigation Center will establish a prominent, iconic presence in its context, and be welcoming and civic in scale. Additionally, and also highlighted in our Relevant Projects section and mentioned in our Cover Letter, JFAK has ample experience in designing the types of programs that will occupy the Palm Springs Navigation Center. These include offices, classrooms and training facilities, outdoor gathering and recreational spaces with shade structures, fitness facilities (both indoor and outdoor), kitchen and dining functions, residences, modular construction units, and parking. Experience with JFAK has been committed to serving the public realm since its founding. For Publicly Funded the past two and a half decades, we have designed uplifting and inspiring Projects public physical environments for communities across California, including schools, wellness / recreation centers, parks, public art / temporary pavilion installations and monuments, parking structures, and commericial / institutional campuses that are open and accessible to their communities. This has resulted in many distinctions, including JFAK being the only firm to be awarded a Bruner Foundation Medal twice in the foundation's history. Currently, in addition to our numerous publicly funded projects in design, we have under construction a public elementary school caility for LAUSD, a new alumni center for CSU Long Beach, and a tenant improvement for a state government building in Van Nuys. Public Agency Public agencies on behalf of which JFAK has provided similar services: Clients • City of Anaheim Public Utilities Department (APUD) • City of Los Angeles Bureau of Engineering (BOE) • National Endowment for the Arts (NEA) • Los Angeles County Development Authority (LACDA) • State of CA Department of General Services (CA DGS) • Los Angeles County Development Authority (LACDA) • City of Palmdale Public Housing Authority (PHA) • University of California (UC) System • City of Palmdale Public Housing Authority (PHA) • University of California (UC) System • Los Angeles Homeless Services Authority (LAHSA) • City of Los Angeles Council District 8 (CD8) • City of Los Angeles Department of Cultural Affairs (DCA) • Los Angeles Department of Water and Power (LADWP) John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center Subconsultant Qualifications and Experience * • Resumes and firm profiles of all subconsultants listed above can be found in the Appendix. Civil Engineer: VCA Experience in navigation center or similar projects: • We have vast experience with municipal buildings focused on public work improvements, street rehabilitation and widening, underground utilities, street lights, traffic signalization and striping/ signage. Experience on state and/or federally funded projects: • We are accustomed to working with local agencies to meet their requirements for plan checking, permitting, as -built preparation, and project close-out. We have particular expertise working in fast -track mode, preparing our engineering submittals with several construction phases and/or simultaneous multiple general contractors. MEP Engineer: Salas O'Brien Experience in navigation center or similar projects: • We are a national, full service firm founded in 1975 working with municipalities throughout California (1,400+ employees). We understand the intricacies involved in the renovation, expansion, modernization, and construction administration of existing municipal buildings and systems Experience on state and/or federally funded projects: We serve a wide range of public and governmental agencies, including cities, counties, state agencies and universities, federal and military entities, school districts, and water, wastewater, and transportation districts. We have a deep understanding of the challenges facing public entities in California and important opportunities that exist for funding and financing sustainable projects. We work closely with most of the utilities throughout the state to address clients' energy and infrastructure issues. Other public agencies firm is providing similar services: • Counties of Orange, Palo Alto, Riverside, San Bernardino, and Santa Clara • Cities of Daly City, Foster City, Redwood City, San Bruno, San Carlos, San Luis Obispo, San Jose, Santa Clara, Santa Monica, Santa Fe Springs, Sunnyvale, and Thousand Oaks Landscape Architecture: Office of the Designed Landscape Experience in navigation center or similar projects: • OotDL provided landscape design services for two houseless shelter projects under City of Los Angeles programs, as well as forJFAK's NAVIG8: CD8 Homeless Navigation Center. The latter included LID coordination. In addition, OotDL provided consulting services on multiple projects in Thermal CA from schematic design through construction observation. Experience on state and/or federally funded projects: • OotDL has been involved in projects with state grant funding. and fully understands funding requirements related to project scope, budget, and schedule. Other public agencies firm is providing similar services: • OotDL's work is typically contracted through the prime consultant on similar projects. We are working on projects that include houseless shelters, schools, and parks with LAUSD, City of LA Bureau of Engineering, and various nonprofit organizations. Lighting Designer: ALD Experience in navigation center or similar projects: We are currently working with Heart of Los Angeles (HOLA), which gives underserved kids an equal chance to succeed through a comprehensive array of after -school academic, arts, athletics, and wellness programs. Experience on state and/or federally funded projects: • Much of our work is with public agencies, dealing with state -funded work Other public agencies firm is providing similar services: We have worked on many public projects with the CSU system, UC system, and the Community College District of Los Angeles Structural Engineer: Englekirk Experience in navigation center or similar projects: • We engineered a number of supportive housing options through the "A Bridge Home" program that took "advantage of a new state law that enables cities to construct bridge housing — faster than ever before — on any land owned or leased by the City." — A Bridge Home Shelter at Schrader — LA Bridge Housing CD 09 2817 S. Hope — LA Bridge Housing VA West Campus — A Bridge Home Shelter — CD10 Koreatown — LA Bridge Housing CD 15 828 Eubank Street Experience on state and/or federally funded projects: Our firm has intimate project knowledge gained from working with public agencies through projects at the local, state and federal levels. We have worked with these agencies on new construction as well as renovation of existing structures. The breadth of projects we have designed has covered housing, office buildings, parking structures, civic structures, essential services, education and justice. Other public agencies firm is providing similar services: • General Services Administration (GSA), California Courts, City & State Agencies, and CSU & UC System (State and Local Level) John Friedman Alice Kimm Architects City of Polm Springs Architectural Design for Navigation Center 3 Organization Chart Organization Chart JFAK Architects John Friedman Design Lead Civil Engineering VCA Virgil Aoanan Principal **We believe that the work of a structural engineer will be necessary for this project, so we have included the services of Englekirk. JFAK Architects Alice Kimm cipal-in-Charg JFAK Architects Lauren Rath Project Manager JFAK JFAK Architects Architects Derek Greene Adelfrid Ramirez Design Team Project Member Designer MEP Lighting Landscape Engineering Design Design Salas O'Brien ALD OotDL Andy Chan John Martin Esther Margulies Principal Principal Principal , Structural Engineering'" Mo5TBD *Our recommendations Englekirkinclude: Plant Prefab, Vladimir Volnyy ConnectHomes, and Principal Design Space Modular - however, there are many others. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 7 4 Project Team Key Project Team Member Experience and Skills Our Collaborative and Accessible Team - Key Team Members Detailed resumes of our 5 key JFAK team members - Alice, Ilaria, John, Derek, and Adelfrid, can be found on the following pages. Please, however, note the additional following information: Alice Kimm FAIA will be the Princpal-in-Charge, and will oversee every aspect of the project, working particularly closely with Lauren Rath, our Project Manager, and Principal John Friedman, our Lead Designer. A passionate advocate for underserved communities and an experienced, passionate designer of housing, public spaces, and campuses that include work and training spaces as well as parking lots and shade structures, Alice has over three decades of design and project management experience. She also brings to the table a concentrated experience in interfacing with public agencies and local governments, and she is JFAK's most seasoned entitlements expert. She led JFAK's work on the Palmdale Navigation Center, La Kretz Innovation Campus, LACDA Fast -Track Demonstration Housing projects (using modular building units), and Pio Pico Park. She also led the effort to establish JFAK's non-profit, Open Source Homelessness Initiative (OSHI) and continues to coordinate the work of OSHI. She will bring a special expertise and empathy to this project. Lauren Rath brings a decade and a half of project management and design experience to the table. A senior project manager who has shepherded civic and education projects to successful delivery on behalf of JFAK and her previous firms, she brings a sure hand to the day-to-day management, coordination, and oversight of both large and small projects to the table. Her particular sensitivity with issues of site and context has led to the successful delivery of JFAK's design for Wonderland Elementary School Kindergarten Building, for which she is the Project Manager and Designer. It will be completed this year. Lauren is now finishing up Phase 1 construction for the lovine and Young Center, a magnet school located in Leimert Park. Lauren will be responsible for the day-to-day coordination of all elements of the architectural design services, and will work closely with Alice to ensure tight quality assurance and quality control over the project from conception to completion. She will have primary responsibilty, with Derek, for Construction Administration. Alice and Lauren will together interact with City staff, be present at all meetings, and be on every email and correspondence. They will operate as a unit in connecting with the City. For stakeholder meetings and presentations, Alice and Lauren will together bring a focused, empathic, and rigorous approach to illustrating and making legible design concepts, showing alternative approaches and why they work or don't work, and clarifying intelligent design solutions for ensuring privacy, security, and a sense of community for all - users as well as the community -at -large. John Friedman FAIA is an expert in all facets of design - he is an innovative and exceptionally clear master planner and programmer, deeply experienced in the design of housing at all scales from single family housees to multifamily towers, designed and delivered JFAK's modular building projects - City of LA's NAVIGB: COB Homeless Navigation Center, and UCLA's Kinross Recreation Center. His rigor and thoroughness in addressing all facets of design - from site issues to the most minute detail - while producing bold, innovative, fluid, and inspiring physical spaces, rounds out JFAK's proposed executive management, project management, and design core. John will work very closely with Lourenand Alice throughout the design phases, will provide quality control and assurance on the Construction Documents (overseeing, with Ilaria, the work of Derek and Adelfrid as described below), and will ensure that every detail in the Construction Documents is vetted and constructible. Derek Greene, JFAK's Senior Associate and a seasoned and expert project and production manager, will make sure that all aspects of the project's Contract Documentation are well -coordinated and that all deliverables are complete, as well as rigorously and legibly presented. Once construction commences, he will work closely with Laurenon Construction Oversight. Note that he was the Project Manager and Production Manager for our completed City of LA NAVIGB: CDB Homeless Navigation Center, as well for our completed City of Palmdale Navigation Center study. Finally, a native SoCal resident, Adelfrid Ramirez will bring his prodigious graphic, digital, and design skills to bear on this project, and will work closely with the other members of the JFAK team to deliver a tight set of Construction Documents and an inspiring, uplifting design. He will provide assistance as necesssary throughout construction as well. Finally, note that one unique aspect of our project organization is that you will have not one, but two, principals integrally involved on this project. Having both Alice and John, as well as PM Ilaria, available to you at all times will ensure that the project is delivered efficiently, quickly, and on budget, with no sacrifice in design quality. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center E Resumes of Key Project Team Members Alice Kimm FAIA, Principal Principal -in -Charge Contact akimm@jfak.net 213 253 4740 x700 Project Role Principal -in -Charge Registration Licensed Architect, California #25438 Education Master of Architecture, Harvard University (1990) Bachelor of Arts in Economics, Cornell University (1986) Certifications LEED AP BD+C, USGBC (BD+C) Affiliations American Institute of Architects (AIA), College of Fellows, Elected Member USC School of Architecture, Chair / Director of Undergraduate Architecture (2010-2014); Adjunct Professor (2014-2017) Los Angeles Forum for Architecture and Urbanism, Advisory Board (2015 2019) Government Services Administration, Design Excellence Program, Appointed Peer Panelist (since 2008) Co -Founder and Director, Open Source Homelessness Initiative - OSHI (2020 to Current) Board of Directors, SoCal Squash Racquets Asssociation, co -Chair of outdoor community squash initiative Alice has over 30 years of experience in the field of architecture and co-founded JFAK in 1996. She is a recognized industry leader in educational, residential, and commercial design, and has worked with many public institutions and city agencies on the way to delivering successful civic works. Alice was Principal -in -Charge for JFAK's La Kretz Innovation Campus project, winner of numerous honors including the 2017 Rudy Bruner Silver Medal for Urban Excellence. She is currently overseeing the Associated Students Bike Shop at UCSB as well as Wonderland Elementary School for LAUSD, both currently in construction. Highlighted Relevant Experience and Role City of Palmdale SAVES Navigation Center Palmdale, CA (Principal -in -Charge) NAVIG8: City of LA, CD8 Homeless Navigation Center Los Angeles, CA (Consulting Principal) lovine and Young Academy Progressive HS #1 Los Angeles, CA (Principal -in -Charge) UCSB Associated Students Bike Shop Santa Barbara, CA (Principal -in -Charge and Project Designer) La Kretz Innovation Campus + Arts District Park Los Angeles, CA (Principal -in -Charge) Wonderland Elementary School Los Angeles, CA (Principal -in -Charge) City of Anaheim Sustainability Education Center and COB Anaheim, CA (Principal -in -Charge) Koreatown Gateway Los Angeles, CA (Principal -in -Charge and Project Designer) UCLA Bruin Fitness Center Los Angeles, CA (Principal -in -Charge and Project Designer Personal Alice serves on the board of SoCal Squash Association, which governs the game of squash in SoCal. She is committed to growing a new community squash movement in Los Angeles that will bring squash to underserved communities and introduce hundreds of kids to a new sport as a way of promoting academic and physical wellness and opportunity. In addition, Alice believes in the mission of OSHI; it provides a new centralized platform for information, resources, best practices, and design case studies in order to accelerate innovative homelessness solutions. The OSHI platform also showcases art created by and on behalf of homeless individuals as a way of dignifying and humanizing homelessness, and celebrating the power and humanity of individual creativity and artistic production. Outside of JFAK, OSHI, and squash, Alice spends time reading and writing, and hanging out with her and John's three children. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center Resumes of Key Project Team Members Lauren Rath, Senior Designer and Senior Project Manager Project Manager Contact Irath@jfak.net 213 253 4740 x111 Role Project Manager Education UCLA Master of Architecture (2013) UC Berkeley Bachelor of Science in Architecture (2005) Experience 15 years, 5 years with JFAK Software Revit Architecture, Navisworks, Digital Project, Primavera, AutoCAD, 3D Studio Max, Rhino, Adobe Creative Suite, Microsoft Office Lauren Rath is a dedicated project manager and architectural designer with 15 years of professional experience working on a wide range of project types. She is especially passionate about fostering community and building for the future through education and civic projects. She works hard to build strong client relationships and to understand the needs and experiences of the people who will use a space and contribute to its role in the community. Lauren has experience managing highly technical projects that are equally inspiring and functional, including classrooms, post -production editing rooms, screening room auditoriums, and swimming facilities. She has the knowhow to lead a project team through all design phases, from early concept design through construction. Lauren is a LEED Accredited Professional and is deeply committed to sustainable design practices that reduce energy use and environmental impact. Highlighted Relevant Experience and Role Wonderland Elementary School Los Angeles, CA (Project Manager) lovine and Young Center (LAUSD Magnet School) High School, Leimert Park Los Angeles, CA (Project Manager and Designer) Van Ness Pool and Bathhouse, City of Los Angeles BOE Los Angeles, CA (Project Manager, Designer) Department of General Services, State of California Various Tenant Improvement Projects State Building, Van Nuys, CA (Project Manager) Other Relevant Experience and Roles Moscone Convention Center Expansion" San Francisco, CA (Design Team) Shenzhen Commercial Bank Headquarters' Shenzhen, China (Design Team) 'completed prior to joining JFAK Personal After growing up in the frozen north of Minnesota, Lauren deeply appreciates the abundant Los Angeles sunshine and warm weather. Lauren graduated with Distinction from UCLA's Master of Architecture program, where she received the AIA Henry Adams Certificate and delivered the School of Arts commencement speech. These days on the weekends you can find Lauren at the park with her husband, 3-year-old daughter, and rambunctious bull terrier Marshmallow. She enjoys volunteering at her daughter's school and working on the community garden there. With a pioneering spirit and a love for the outdoors, Lauren spent two years living in a log cabin in the Black Hills of South Dakota. Lauren is also an avid equestrian, and competes with her horse in jumping competitions nationally. Lauren has always been passionate about the power of learning and loves sharing her expertise across disciplines through giving horse riding lessons to kids, mentoring aspiring architects through AIA, teaching architectural design studios at UCLA and USC, and designing learning environments and schools for future generations of leaders and citizens. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 10 Resumes of Key John Friedman FAIA, Design Lead Contact jfriedman@jfak.net 213 253 4740 x500 Project Role Design Lead Registration Licensed Architect, California #24036 Project Team Members Principal Education Master of Architecture, Harvard University (1990) Master of Arts in Philosophy, Politics, and Economics, Balliol College, Oxford University (1986) Bachelor of Science in Architecture, MIT (1983) Affiliations American Institute of Architects (AIA), College of Fellows, Elected Member MIT School of Architecture + Planning, Visiting Committee Member (2014 to Current) Harvard University Graduate School of Design Alumni Council (2019 to current) Mayor's Design Advisory Panel, Appointed Member (2014 to Current) Co -Founder, Open Source Homelessness Initiative (OSHI) (2020 to Current) Board VP, Heidi Duckler Dance (2018 to Current) John has over 35 years of experience in the field of architecture and co-founded JFAK in 1996. Having designed and delivered numerous award -winning educational and institutional projects, he is a recognized industry leader in the design of academic and university facilities, and has expertise in modular building construction and sustainability. He has also designed many of JFAK's award -winning single family as well as multi -family residential projects, and is now working on several larger -scale housing developments as well as several educational projects such as the Sustainability Education Center for the City of Anaheim. He was the Principal Designer of Roberts Pavilion at Claremont McKenna College, and is a former NCAA All -American Athlete with a deep love and understanding of athletics. Highlighted Relevant Experience and Role City of Palmdale SAVES Navigation Center Palmdale, CA (Consulting Principal) NAVIG8: City of LA, CD8 Homeless Navigation Center Los Angeles, CA (Principal -in -Charge and Lead Designer) Roberts Pavilion, Claremont McKenna College Claremont, CA (Principal -in -Charge and Project Designer) City of Anaheim Sustainability Education Center and COB Anaheim, CA (Lead Designer) Chapman University Rinker Campus Visioning Masterplan Irvine, CA (Principal -in -Charge and Lead Designer) UCLA Kinross Recreation Center Los Angeles, CA (Project Design Principal The Resnick Sustainability Institute / JCAP, Caltech Pasadena, CA (Principal -in -Charge and Project Designer) Wonderland Elementary School Los Angeles, CA (Consulting Principal) Koreatown Gateway Los Angeles, CA (Consulting Principal) Personal John loves what he does and therefore spends a great deal of time working on JFAK's projects, as well as designing innovative and clever elements for the house he and Alice live in, which has its own crane. When he's not designing, he enjoys spending time with Alice (yet another architecture couple!), their three incredibly different kids, rowing, cycling, reading fiction, and writing short stories. He is Board VP of Heidi Duckler Dance, an innovative organization that brings the art of site -specific modern dance to underserved communities. He is passionate about working to eradicate homelessness, and in addition to co-founding OSHI, curates major global events that bring together experts to foster information -sharing, education, and collaboration. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 11 Resumes of Key Project Team Members Derek Greene, Senior Associate Project Designer Contact dgreene@jfak.net 213 2S3 4740 x115 Project Role Project Designer Education University of Southern California (USC), Master of Architecture (2011) University of Illinois at Urbana - Champaign, Bachelor of Science in Architecture (2007) Experience 12 years,10 years with JFAK Software Revit Architecture, Navisworks, Digital Project, Primavera, AutoCAD, 3D Studio Max, Rhino, Adobe Creative Suite, Microsoft Office Personal Derek Greene is a classically trained musician who started piano classes at 9 and quickly added cello to his studies at 10. Throughout his adolescence, he entered several competitions and either placed or won multiple prizes. Derek continues to play piano, performing at Unfrozen Music, an annual showcase of musically inclined AEC professionals. Derek leads an active lifestyle by practicing yoga, cycling, hiking, and snowboarding. In his spare time, he enjoys reading a good book and looking for his next travel destination, intending to visit all seven continents. Derek is a volunteer with Shelter Partnership, an organization combating homelessness in LA County. Derek Greene is responsible for design as well as coordinating all project documentation and overseeing production teams. Since joining JFAK in 2011, he has been key in delivering, as part of JFAK's successful BIM design/production team, large-scale projects utilizing the highest skill level of Revit and Navisworks — these include LEED-Gold-certified Roberts Pavilion, UCLA Bruin Fitness Center (constructed by Walsh) as well as LEED-Platinum- certified projects La Kretz Innovation Campus and Resnick Sustainability Institute / JCAR Projects that Derek has worked on at JFAK have been widely published and honored, including with features in Architectural Record and Interior Design, and numerous AIA and other design awards. He was Construction Supervisor for Aire Housing, and is the Project Manager for Hudson Housing, currently in construction. Highlighted Relevant Experience and Role City of Palmdale SAVES Navigation Center Palmdale, CA (Project Manager and Designer) NAVIGS: City of LA, CD8 Homeless Navigation Center Los Angeles, CA (Project Manager) lovine and Young Academy Progressive HS #1 Los Angeles, CA (co -Project Manager) La Kretz Innovation Campus Los Angeles, CA (BIM Manager, Designer, Construction Administration) Wonderland Elementary School Los Angeles, CA (BIM Production, Design Team Member) Crossroads Performing Arts Classroom Building Santa Monica, CA (BIM Manager, Project Manager, Designer) Roberts Pavilion, Claremont McKenna College Claremont, CA (BIM Manager, Designer, Construction Administration) The Resnick Institute, Caltech Pasadena, CA (BIM Production, Design Team Member) Other Relevant Experience and Role UCLA Bruin Fitness Center (constructed by Walsh) Los Angeles, CA (BIM Production, Designer) Hudson Housing Los Angeles, CA (Project Manager and BIM Manager, Designer) AIRE Housing Santa Monica, CA (Construction Supervisor) Spaulding Condominiums Los Angeles, CA (Project Manager) John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 12 Resumes of Key Project Team Members Adelfrid Ramirez, Designer Design Team Member Contact aramirez@jfak.net 213 253 4740 Project Role Design Team Member Education University of Southern California (USC), Bachelors of Architecture Experience 5 years, 2 years with JFAK Software Revit Architecture, AutoCAD, 3d Studio Max, Adobe Creative Suite, Microsoft Office. Since joining JFAK in 2019, Adelfrid Ramirez has collaborated on multiple projects as design / production team member, including Rinker Health Science Campus Masterplanning, UCSD Main Gymnasium and Natatorium Study, and Occidental College Norris Hall of Chemistry Renovation study. Adelfrid has experience in all phases of project design, development, and construction across a broad range of programs and project types/sizes. He has a keen eye for detail and design, built from his strong experience model making, prototyping, fabrication. Selected Relevant Experience City of Anaheim PUD Sustainability Education Center and Crew Quarters Building (COB) Anaheim, CA (Designer, Project Manager, and Production Team Member) Russell Westbrook Why Not? Academy Middle and High Schools South Gate, CA (Designer) City of LA, Council District 8 Homeless Navigation Center Los Angeles, CA (Production Team and CA Team Assistant) Main Gymnasium and Natatorium Study, UCSD San Diego, CA (Designer) CSU Long Beach Alumni Center Long Beach, CA (Production Team) Chapman University Rinker Campus Visioning Masterplan Irvine, CA (Designer) Occidental College Norris Hall of Chemistry Renovation Study Los Angeles, CA (Designer) Resnick Institute of Sustainability Resource Center Study, Caltech Pasadena, CA (Designer) Dept. of General Services Building Renovation Van Nuys, CA (Job Captain) Personal Adelfrid Ramirez is a native Angeleno who was born, raised and still resides in the South Los Angeles community. His family network spans throughout many diverse communities including South Gate, Compton, and East Los Angeles. Throughout the years, he has experienced many changes to his neighborhood's social landscape and that firsthand perspective has greatly shaped his passion for architecture. On a smaller scale, he coordinates with his local neighbors for alley clean-up, graffiti removal and parkway improvements. As a home owner of a 1906 bungalow, Adelfrid enjoys learning new DIY skills to help in its preservation. In his spare time, he spends time outdoors fishing and camping with his family. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 13 5 General Approach to Providing the Scope of Work General Approach to Providing the Scope of Work In over 20 years of practice, and through the realization of many successful and inspiring works of architecture, we have developed a wide variety of tools to help us accomplish projects that embody "integrated sustainability" and successfully deliver their programs and functions to their user entities. Briefly listed below is a subset of these tools, divided into two categories: first, those that come from how we, with our consultants and clients, explore and analyze architectural solutions at, but not limited to, the beginning stages of the design process; and second, those that involve the rigorous production of construction documents: Early Stages / Design: • Smart planning that delivers functionality while creating inspiring and fluid spatial conditions; • Grouping together of building systems to optimize performance while lessening redundancies and overlaps; • Exploration of compact mass and form -making that, while sculpturally powerful, lessens footprint (both carbon and cost) and maximizes efficiency; • Intelligent passive design; • Full embrace of a collaborative process, with all important client representatives, stakeholders, and general contractors together in workshops early on; • Creative use of off -the -shelf materials and building components in surprising and innovative ways; • Flexibility and Open-mindedness: We bring our design talent and commitment into the room but check our egos at the door. Later Stages / Production: • Rigorously produced and thoroughly coordinated construction documents that minimize surprises and change orders during construction; • Skilled use of BIM (Revit), including clash detection (Novisworks), during both design and construction, to aid in the successful coordination of even the most complex set of building systems, and to facilitate the speed of construction so that projects may stay on or ahead of schedule; • Rigorous and regularly scheduled cost estimating. For This Project - We will assist in bringing on a modular construction company at the outset of the project. We are already very familiar with building modules, how they are made and installed, and what their limitations are, and can work quickly to fulfill the requirements of the project utilizing this expertise. JFAK's General Approach JFAK's office, located in LA's Boyle Heights neighborhood just outside of Downtown, is a light - filled, creative workspace with space for 30 personnel to work comfortably and productively. 3d modeling is performed in Rhino, with Enscape as JFAK's preferred rendering software. 11 full-time staff members are adept at 3d modeling and rendering, Revit and other BIM, and all are skilled in AutoCAD. We have an ace team, 5 of whom are presented in this submittal, ready to start work immediately on this project for the City of Palm Springs. Documentation tools and technologies include: • Model shop with 3d printing capabilities • Physical models • Full-size plotting, scanning, and printing • Video-conferencing • BIM and digital capabilities as discussed above • Animations and fly-throughs JFAK's production capability has been proven time and again to be excellent in many respects and many General Contractors have noted the quality of JFAK's production sets for their level of coordination that continues through the completion of construction. JFAK's skill in 3D rendering is of a similarly superior quality, and the firm's work has been very useful for institutions in their fundraising efforts. In fact, JFAK's expertise in BIM has streamlined the entire design and construction processes to ensure cost effectiveness. JFAK meticulously plans and documents throughout the project to curb any unnecessary or excess costs. Design Workshops: Workshops are the primary vehicles by which we come to know our clients and the various user groups. They are integral to the design process, as they allow the voicing of needs and opinions; they also allow JFAK to clearly clarify issues including program, master planning, context, circulation, adjacencies, and aesthetics; they allow collaboration (using tools at hand including sketching, internet, debate, dialogue) to generate multiple alternatives; and they allow all participants to feel that their issues have been thoroughly considered. If appropriate, JFAK also utilizes surveys to help users articulate their needs. For individuals inexperienced in understanding floor plans, JFAK utilizes 3d renderings and physical models as communication aids. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 14 Civil, MEP, Landscape Subconsultant Services / Coordination, Entitlements, and Utilities Coordination with Civil, MEP, Landscape, Lighting, and Structural (if needed) Subconsultants: Rigorous and regular coordination between JFAK and our subconsultants is one of the hallmarks of our practice. Our skill at coordination and project management is the reason why our entire construction document sets are so complete and why General Contractors for decades now have pointed to our work as being a model for how architects should prepare their documents. This has to do, not only with the quality of the drawings and 3d models, but with the constructability and completeness of our construction details. This not only is relevant to the architectural design and details, but extends to the work of our subconsultants. As the party responsible for the whole shebang, JFAK keeps tight tabs on all of the work and ensures that the work of our subs is coordinated fully with architecture, and with each other. The tools to accomplish this include the following: • Regular meetings with the entire team across all disciplines, including a kickoff meeting at which scopes of work are discussed and clarified, and subsequent meetings where interfaces between disciplines are addressed clearly, thoroughly, and rigorously. • JFAK redlining of entire documentation set at regular intervals. • Periodic release of 3d models and base drawings to all subs so that the project is kept fully up to date. • Rigorous adherence to schedules and deadlines that are set by JFAK for the entire team. • Regular check -ins via phone, email, and Teams meetings between JFAK project manager and subconsultant project managers. • Periodic overlay of 3d models, as relevant, to ensure that there are no conflicting elements. Utilities and Survey: VCA, JFAK's civil engineering collaborator for this project, will work with JFAK, City of Palmdale, and other necessary parties to understand, analyze, document, and set into motion the abilityto have full use of all necessary utilities on -site by required dates. This work will begin at project kick-off, as it is understood by all parties that activation of on -site utilities is one of the front-end bits of work that must happen efficiently and quickly in order for the project to be delivered on time. The entire team will rely on VCA's skill in producing surveys to receive an accurate survey at the earliest possible time. Entitlements: Working closely in tandem with Project Manager Ilaria Mazzoleni, Principal -in -Charge Alice Kimm will personally oversee the entitlements process on behalf of the project and the City of Palm Springs. She has over 30 years of experience in permitting complex projects, beginning with her first project management experience right out graduate school in LA, obtaining the entitlements for an affordable family housing project in Los Angeles that was subject to federal tax credits requirements as well as myriad other funding regulations. She cut her teeth on that project, successfully obtaining all necessary entitlements for a difficult site, challenging program, and satisfying multiple users. For JFAK, since its founding, she has directly shepherded the firm's most challenging as well as public projects through entitlements and permitting, working with JFAK's committed project managers and designers. For this project, the modular building units will be pre -certified by the State of California, leaving the entitlements and permits for the site, renovations, and parking lot to be coordinated and handled by JFAK. This is similar to what was the case for JFAK's NAVIG8: Council District 8 Homeless Navigation Center, for the City of Los Angeles. Note, however, that NAVIG8 was constructed ultimately by the City's General Services Department (GSD), which itself resulted in delays as GSD has lengthy procedures associated with taking on construction projects. The volatile construction cost climate added to the complexity of that project, as discussed on Page 17, but ultimately the building permits for the sitework were successfully obtained by JFAK, with Alice working behind the scenes with Project Manager Derek Greene and the City of LA's Bureau of Engineering. at waiting area John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 1s Proposed Schedule Duration in Weeks - Total: 52 Weeks plus additional 4 weeks for Project Closeout Schematic Design Design Development �IIII■IIIIIIAl11111NIAlAlIN1�� III Modular Fabrication��installI�I��III�IaI IIII�1 Schematic Design Phase (3 wks) • Manage project and coordinate with City and subconsultant team • Provide schedule • Provide topographic survey • Utility research • Lead on -site kick- off meeting with subconsultant team and City • Prepare schematic design package • Coordinate all sub -consultants • Attend meetings as necessary Deliverables • Schematic Design Package • Cost Estimate Design Development Phase (5 wks) • Prepare design development packages • Coordinate all sub -consultants • Attend meetings as necessary Deliverables • Design Development Package • Cost Estimate Construction Documents (12 wks) / Permitting Phase 0o weeks) Prepare 50% and 100% CD packages Submit 5O% CD package for initial building permit intake Make corrections and revisions based on permit comments Submit 100% CD package for final permit approval Prepare draft technical specs at 50% Prepare final technical specs at 100%. Review CD package and cost estimate with City Deliverables • Construction Documents Set • Permit Submittal Schedule Note Overlaps with permitting and Bid Phase Bidding Phase (y wks) Provide bid addenda and clarifications in response to bidder questions Attend pre -bid conference Support City with bid evaluations as necessary Make design modifications to reduce construction cost Deliverables • Support City bidding process • Help Select Contractor Schedule Note Overlaps with permitting Construction Observation Phase (28 wks) • Manage project; coordinate with City and team • Review submittals and mock-ups • Respond to RFls • Review proposed substitutions, alternates and change orders • Attend pre -con conference • Attend bi-weekly construction mtgs • Observe construction (bi- weekly visits) for consistency with design intent per CDs • Attend substantial completion walk through • Review contractor punch list • Attend final completion walk through • Review contractor's as - built drawings • Prepare record docs based on contractor as -built drawings John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 16 QA/QC, Troubleshooting Case Studies Ability to Control Cost and Schedule (Quality Assurance and Quality Control) Rigorous Documentation: JFAK takes seriously the responsibility of the Architect to control cost and schedule as best as possible. We attribute our track record of delivering not only on time and on budget but also with quality to our ability to tightly coordinate the production of Contract Documents. This has been further advanced in recent years by the use of BIM. With BIM, various design options can be tested easily across all building systems, and cost ramifications - especially as they pertain to materials and quantity takeoffs - can also be determined quite expeditiously. For this project, JFAK will produce a BIM Execution Plan at the project's onset, which will guide the production of all documentation through the various phases of design. Communication and Coordination: In addition to rigorous documentation, team coordination and communication is paramount. Multi -disciplinary team meetings will ensure coordination across our design and engineering team, the City of Palm Springs, modular building company, and contractors. Early subconsultant coordination will help us ensure that expectations for cost are in alignment with overall project budget. JFAK sees each project as an opportunity to collaborate with an interdisciplinaryteam to produce something extraordinary. We subscribe to a holistic, collaborative, and inclusive process that allows for broad input from an interdisciplinary team. JFAK has found that the projects with the highest level of collaboration and interaction have yielded the most inspiring results. Therefore, the project team will rely on regular in -person meetings and conference calls, often with screen -sharing through Zoom, Teams, or other program, to facilitate coordination. JFAK will also schedule regular, staggered documentation uploads, alternating between our Revit model and subconsultant Revit and PDF uploads. Troubleshooting and Case Studies: While we have had no challenges that could not be overcome with tight coordination and management practices, as well as creative and facile deign and value engineering skills, we can cite a couple of case studies in our relatively recent project delivery experience that are helpful to note at this time. 1 Challenaina Schedule: For our Resnick Sustainability Institute at Caltech, we completed a transformation and addition project to house two new sustainability institutes. The client had a goal of moving the project into construction with a very aggressive schedule, which we were able to meet. We transformed the existing 1970's computational lab building into a state- of-the-art new wet/dry lab facility within 9 months. The project was on time and on budget due to the well -executed BIM work by JFAK and DPR, the General Contractor. Therefore, our expertise in BIM has been a significant contribution to making projects more streamlined and, thus, more cost effective. BIM has been a significant time saving measure throughout the entire design and construction process. We have been early adopters of this technology and continue to lead the field in this respect. Below - our BIM model for the project. 2 Volatile Construction Climate: Our successful modular NAVIG8 project (below), was challenging to realize for many reasons, not the least of which was the volatile construction climate that plagued the project with high construction costs from the get -go. JFAK's solution: Creative and very fast value engineering design. We reworked the program, the massing, the size, and the design in short order to meet the budget. We were fully committed to success. John Friedman Alice Kimm Architects City of Palm Springs Architectural Design for Navigation Center 17 SCHEDI Cost Proposal Notes: T We have mcbded the services of o Structural Engineer, because we believe that they w-,II be req_red 2. We hove not included the design and renovation of Building C. 3. We have included design of the modular units. in coordination with the selected modular builder, in our scope. 4. We have included two cost estimates, rather than just one, to be prepared at the end of Design Development and at 50% Construction Documents, within the Arch iteotura Scope A second cost estimation during Construction Documents is not listed as part of the scope, but we believe it would be prudent to provide one Arctebctgre JFAK Architsi I S 60,000 S 00,000 S 120000 S 12000 S 128.000 8 400000 Cost Estlmourp M(i s 12.000 S 10.000 t 22,000 S 9.390 S 12,3n S 14.938 S 10! $ 4.268 t 42AW Gvd Eng nwnng VCA, Inc. S 2900 S 1900 S SA00 SWPPP S M.900 16,900 rrourW o hcol Surve S 13.000 1 UnderUtility Survey MEP Soles O'Brien S 13.606 S 13.606 S 9S.039 S 6203. $ 9,806 t Td8.260 Emeerm L' ht' ALD Lighteg S 12.500 S 2,500 t 500 S 4.500 000 Landscape 0i of the Dengned Landscape (0otDL7 S MOW S 15.000 S 25.000 S 1000 S 7.000 t 59,000 3 Site Visits / strvctufol obsenoreeis nc4Ced 31200 for addeWnal site v,uts) Structurol Englekmk t L..,)DV 1 2U.VVV f 4tl OUV f lUGU S '•. VUO f g&�0 Se,snxr retrofit of exnbng IsJ is not Eng neenog port of t fw proposal and ran be performed under sfpolote ogreerrent. Asbuiltdro ings ore not included in this fee t36 1 323.Tn $ 24A10 I S 167M 02D Notes. 5 At this time, JFAK requests to add a Relmleureeble Experuee (RE) Not To Exceed (NTE) figure of $40,000 to cover the following round trip mileage for required trips to Palm Springs or modular construction company factory to check on construction of units, any plotting/pr riling costs that are required for submittals to the City of Palm Springs, and arse other expenses including Federal Express for required mad-ngs, etc $820,640 + RE NTE 40,000 a $860,640. TOTAL FEE FOR ARCHITECTURE AND ENGINEERING: NTE $860,640. c,rtorf,nSense, M<Rt,cnN pup, r> Nw t�ce+tn t EXHIBIT "C" FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, the Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A): Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a "federally assisted construction contract" in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by SLFRF. (d) Appendix lI to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by SLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (u) of this section. (iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: (i) If the Federal award meets the definition of "funding agreement' under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency. (ii) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement' as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agreement term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled "Disclosure Form to Report Lobbying." Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 0) Appendix II to Part 200 (.i) — 4200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — &200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — 4200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. A`� CERTIFICATE OF LIABILITY INSURANCE DATE21/20IYYVY) s/z1/zozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Assured Partner Design Professionals Insurance Services, LLC 3697 Mt Diablo Blvd, #230 Lafayette CA 94549 CONTACT NAME: Marie Swaney PNONE 626-698-189U FAX No: AFL , CertsDesi nPrD AssuredPartners.com INSURERS AFFORDING COVERAGE NAIL$ INSURERA: The Travelers Indemnity Company of Connecticut 25682 Umn :600374 INSURED JOHNFRI-0 John Friedman Alice Kimm Architects,lnc 213.253.4740 INSURERB: Travelers Propemy Casualty Company of America 25674 INSURER C: US $ 8 Insurance Company 29699 INSURER D: HARTFORD INSURANCE COMPANY 38288 1461 E. 4th Street Los Angeles, CA 90033 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1623996176 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR I OF INSURANCE ADMTYPE LJIM POLICY NUMBER MOUCOY EFF MA'wDY UMRB B X COMMERCIAL GENERAL LIABILITY Y Y SBOIH53663A 8/18/2021 8/18/2022 EACH OCCURRENCE $1,000,000 � DAMAGETO 'T CLAIMS -MADE OCCUR REMI E Ee oence $1,000,000 X MED EXP ono person) $10,000 Cwaractu& Uab X laW XCUIreO PERSONAL B ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY XO LOC ECT PRODUCTS-COMP/OP AGG $2,000,000 $ OTHER: A AUTDMOBILELIABILRY Y Y BAOS475464 8/182021 B/18/2022 CEO�MBINOEeDSINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLYMAUTOS BODILY INJURY (Per acd4en0 $ HIRED NON-OWNEpPROPERTY ONLYAUTOS ONLY X DAMAGEAUTOS p r accident)$ X M NOOwneuto $ B X UMBRELLA LIAR XJ OCCUR Y Y CUP0237T988 8/18/2021 6/182022 EACH OCCURRENCE $5,000.000 AGGREGATE $5,000,000 Excess LIAR CWMS-MADE OEO RETENTION $ D WORKERSCOMPENSATKNN Y 72WEGZR2316 8/18/2021 8118=22 X O AND EMPLOYERS' LIABILITY YIN TATUT ER E.L.EACH ACCIDENT $1,000,000 ANYPROPRIETORIPARTNERIEKECUTIVE OFFICEP/MEMBEREXCLUDED7 N/A DISEASE -EA EMPLOYE 51,000,000 (Mandatory In NH) WE.L e. downbe imO r E.L DISEASE -POLICY LIMB $1,000,000 CRIPTIONOFOPERATIONSbelow C Pr0/eealonal Liability USS2132145 8/182021 8/18/2022 Par Claim $2,000.000 Ay0resets Limit $2.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A4Eltlonal Remade Schedule, may be anachW N more spew Is requir ) Insured owns no company vehicles; therefore hired/non-owned auto is the maximum coverage that applies. Umbrella Policy is follow -form to its underlying Policies: GL/AUTO Liability/Employers Liability. AM Best's rating on all policies above: A/XII or greater. RE: Project: Palm Springs Navigation Center. City Project No. 22-05 The City of Palm Springs, its officials, employees, and agents are named as additional insureds as respects general and auto liability as required per written contract or agreement. General Liability is Primary/Non-g ontributory per policy form wording, Insurance coverage includes waiver of subrogation per the attached endorsement(s). City of Palm Springs Attn: Vonda Teed, Engineering Division 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 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 5 ACORD riahts reserved. AUUKU 20 (2U1b/U3) The ACORD name and logo are registered marks of ACORD Policy Number: 680-1 H53663A Commercial General Liablity THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury' organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for "bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip - caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- in the performance of your ongoing operations for tion of the covered operations has been com- pleted; or the additional hsun:d(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the B. With respect to the insurance afforded to these injury or damage arises has been put to Its in- tended use by any additional insureds, the following additional exclu- person or organization other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 cG T8 01 08 211ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 07/02/2021 Page 1 of 1 Policy Number : 680-1 H53663A Commercial General Liablity THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (a): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, 6 not shown above, will be shown in the Declarations. Section 0 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the cc 1017 fl Of1 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". © ISO Properties, Inc., 2004 Page 1 of 1 DATE OF ISSUE: 07/02/2021 Page i of 1 Policy: BAOS476464 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 ® 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72WEGZR2316 Endorsement Number: Effective Date:08/18/2021 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: John Friedman Alice Kimm Architects,lnc 1461 E. 4th Street Los Angeles, CA 90033 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by lltodog;LU Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date:08/18/2022 Policy# 6801H53663A COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each Insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We hate issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 3. Transfer Of Rights Or Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy# 6801H53663A occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services v-1—un vi l uvel aye A or UOverade ts. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page $ of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # BAOS475464 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident' or "loss", provided that the CONDITIONS Section: "accident" or 'loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 C 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.