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HomeMy WebLinkAboutChen Ryan Associates Inc; 2025-04-28; PSA25-3800UTILPSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 1 AGREEMENT FOR BARRIO TRAFFIC CIRCLES WATER SYSTEM IMPROVEMENTS SERVICES CHEN RYAN ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2025, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, ("CMWD"), and Chen Ryan Associates, Inc., a California corporation dba CR Associates ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in Engineering Design Services. B. Contractor has the necessary experience in providing professional services and advice related to Engineering Design Services. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to May 29, 2026. The Executive Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-one thousand eight hundred five dollars ($21,805). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed twenty-one thousand eight hundred five dollars ($21,805) per Agreement year. Payment terms are NET 30 unless provided otherwise in Exhibit “A”. Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF 28th April PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 2 CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 3 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’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, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 4 minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (If the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 5 Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Sean Diaz Name Ross Duenas Title Senior Engineer Title Project Manager Department PW Utilities Address 3900 5th Ave, Suite 310 California Municipal Water District San Diego, CA 92103 Address 5950 El Camino Real Phone No. 619-795-6086 Carlsbad, CA 92008 Email rduenas@cramobility.com Phone No. 442-200-7222 Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 6 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 7 A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering sixty (60) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 8 acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [signatures on following page] Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 9 CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad CHEN RYAN ASSOCIATES, INC., a California corporation dba CR Associates By: By: (sign here) AMANDA L. FLESSE, General Manager, as authorized by the Executive Manager Monique Chen, President (print name/title) ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Ross Duenas, Chief Financial Officer Director of Constituent & Clerk Services (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By: _____________________________ Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF PSA25-3800UTIL General Counsel Approved Version 2/11/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF 3955 5th Avenue, Suite 310 | San Diego, CA 92103 | (619) 795-6086 www.CRAMobility.com April 8, 2025 Mr. Sean Diaz, PE, QSD Utilities Senior Engineer City of Carlsbad Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Re: Village and Barrio Traffic Circles Water System Improvements, CMWD CIP 3904-D, CIP Project No. 4015 – Design Support During Construction Dear Mr. Diaz, Thank you for your consideration of this proposal request prepared by Chen Ryan Associates, Inc., D.B.A. CR Associates (“CRA”) to the Carlsbad Municipal Water District (the “Client”) for professional engineering services related to the Village and Barrio Traffic Circles Water System Improvements (the “Proposed Project”) located within the City of Carlsbad. Scope of Services Task 1 – Bid and Construction Period Services Task 1.1 – Bid Period Services (Time and Materials) As requested by the City and to the extent budgeted (20 Hours), during the bid phase of the project the Consultant will respond to Requests for Information (RFIs) from bidders, prepare required addenda, assist with evaluation of bids, attend a pre-bid meeting, and attend a pre-construction meeting, as requested by the City. Task 1.2 – Construction Period Services (Time and Materials) To the extent budgeted (60 Hours), during the construction phase of the project the Consultant will review submittals, respond to RFIs, material submittals, and review construction change requests for only their conformance with the project design. Task 1.3 – Record Drawings The Consultant will revise the signed mylars for the project, based upon field changes and revisions as provided by the Contractor’s Field Superintendent and approved by the City of Carlsbad. Task 1 – Deliverables: ·Bid period - RFI responses, addenda ·Construction period – RFI responses, submittals, construction change requests ·Record Drawings Additional Services Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed for a fee to be negotiated at the time of the request. Prior to commencing the Additional Services, Consultant will obtain prior written approval from the Client. Additional services we can provide include, but are not limited to, the following: PSA25-3800UTIL EXHIBIT A Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF ASSOC ATES Page 2 of 2 ·Preparation of technical studies not included in this scope of work ·Preparation of a SWPPP ·Preparation and processing of resource agency permit applications ·Preparation of a mitigation plan ·Meetings with the agencies beyond the effort scoped above ·Payment of any agency fees ·Franchise utility design ·Preparation of a Priority Development SWQMP Project Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule for the Village and Barrio Traffic Circles. CRA will perform these amended services outlined above on a time and materials basis, not to exceed the amounts shown below. Task 1: Bid and Construction Period Services $21,805.00 Total $21,805.00 Billing rates will be as follows: Principal: $310/hr Senior Professional: $285/hr Professional: $215/hr Analyst: $170/hr Admin: $115/hr Fees will be invoiced monthly based upon hours worked and reimbursable expenses as of the invoice date. Payment will be due within 30 days of the date of the invoice. We appreciate the opportunity to submit this proposal. Sincerely, Ross Duenas, PE Principal PSA25-3800UTILDocusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF Senior Intern / Principal Professional Professional Analyst Admin Task Description $310.00 $285.00 $215.00 $170.00 $115.00 Task 1 - Bid and Construction Period Services 0 41 36 14 0 91 $ 21,805.00 Bid Period Services 8 12 20 4,860.00$ Construction Period Services 30 20 10 60 14,550.00$ Record Drawings 3 4 4 11 2,395.00$ Village and Barrio Traffic Circles - Water System Improvements - DSDC CR Associates CR Associates CRA Hours CRA Cost PSA25-3800UTILDocusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11 /20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Carlos Sanchez Kremer NAME: Kremer Insurance Agency rit)gN:o Ext\: 8S8-547-9435 I FAX (AIC Nol: 858-486-5440 9672 Via Excelencia !it~~ss: admin@kremerins.com INSURER(S) AFFORDING COVERAGE NAIC# San Diego CA 92126 INSURER A: Truck Insurance Exchange 21709 INSURED INSURER B: Mid Century Insurance Company 21687 Chen Ryan Associates Inc. Dba CR Associates INSURER c: Travelers Casualty and Surety Company 25658 3900 5th Ave Ste 310 INSURER D: INSURER E: San Diego CA 92103 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR •••"n lun,n POLICY NUMBER IMMIDDIYYYY\ IMMIDDIYYYY\ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ ~ CLAIMS-MADE [R] OCCUR PR~t~is (E~l=o~~~~ence) $ 75,000 X Crime Coverage: 1,000,000 MED EXP (Any one person) $ 5,000 A X 605878585 ~ 11/22/2024 11/22/2025 PERSONAL & ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 Fl [R] PRO-□LOG $ 2,000,000 POLICY JECT PRODUCTS • COMP/OP AGG OTHER: CYBER LIABILITY $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) ~ ANY AUTO BODILY INJURY (Per person) $ OWNED ~ SCHEDULED A X AUTOS ONLY AUTOS X 605878585 11/22/2024 11 /22/2025 BODILY INJURY (Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY <Per accident) $ UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 1,000,000 f-- A X EXCESS LIAB CLAIMS-MADE 606683420 11/22/2024 11/22/2025 AGGREGATE $ 1,000,000 OED I I RETENTION$ $ WORKERS COMPENSATION X I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN B ANYPROPRIETOR/PARTNERJEXECUTIVE □ B09463374 11/22/2024 11 /22/2025 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A X (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ 1,000,000 ~rn~~~-ff~~ ~n/5'PERATIONS below E.L. DISEASE • POLICY LIMIT $ 1,000,000 Professional Liability EACH CLAIM $3,000,000 C 106201541 11/22/2024 11/22/2025 AGGREGATE $4,000,000 DEDUCTIBLE $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is listed as additional insured. Waiver of subrogation in favor of certificate holder. Coverage is primary and non-contributory. RE: All Projects CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD-c/o EXIGIS Insurance Compliance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 947 ACCORDANCE WITH THE POLICY PROVISIONS. Murrieta CA 92564 ~;E:;;zTAl~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICYNUMBER: 605878585 ~' FARMERS INSURANCE ADDITIONAL INSURED -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSI N ESSOWN E RS COMMON POLICY CONDITIONS 16840 2nd Edition With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Additional Insured Person(s) The City of Carlsbad Or Organization(s): Location Of Covered Operation(s): Effective Date Of Endorsement: 11/22/2024 If no entry appears above, information required to complete this endorsement will be shown in the Declarations. The BUSIN ESSOWN ERS LIABILITY COVERAGE FORM is amended as follows: A. With respect to the additional insured described in Paragraph B. of this endorsement, the following exclusions are added to Paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: 1. "Bodily injury" or "property damage" for which the additional insured(s) is obligated to pay damages by reason of the assumption of I iabi I ity in a contract or agreement. This exclusion does not apply to liability ford a mag es that the additional insured(s) would have in the absence of the contract or agreement. 2. "Bodily injury" or "property damage" occurring after: a. Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed; or b. The portion of your ongoing operation out of which the "bodily injury" or "property damage" arises has been putto its intended use by any person or organization. But in no event shall this insurance apply to "bodily injury" or "property damage" arising out of your operations that were completed prior to the effective date of this endorsement. 3. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s) of your ongoing operations performed for that additional insured. 4. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured(s); b. Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control; or c. Any work including materials, parts or equipment furnished in connection with such work which is performed for the additional insured by you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of2 ]6840201 Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for "bodily injury" or "property damage" caused in whole or in part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on "your" behalfon the scheduled project in the performance of your ongoing operations for the additional insured(s)which start and are completed within the effective period of this endorsement; or 3. The acts or omissions of such additional insured(s) in connection with its general supervision of such operations. C. With respect to this endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: A. With respect to the additional insured described in Paragraph B. of this endorsement, Section H. Other Insurance is replaced by the following: H. Other Insurance 1. Primary and Noncontributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and noncontributory ONLY to any insu ranee issued directly to the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis; b. Such written contract or written agreement referenced in a. above was executed prior to the issuance of this endorsement; c. The additional insured designated herein has a policy with an Other Insurance provision making that policy excess; and d. There is no "wrap up policy" in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, th is insu ranee wi 11 be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the po I icy. J6840-ED2 09-18 93-6840 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page2 of2 )6840202 Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF POLICY NUMBER: 605878585 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 11/22/2024 Named Insured: CHEN RYAN ASSOCIATES INC. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of Carlsbad (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc , 1998 Page 1 of 1 □ Docusign Envelope ID: 142FCD9D-C37B-4A7F-BC3E-2FA36D1955AF WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC990631 (Ed. 6-20) 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 w ork under a written contract that requires you to obtain this agreement from us.) The additional premium forthisendorsementshall be _ __l,_Q_% of the California workers compensation premium otherwise due on such remuneration, subject to a minimum charge of $250 All written contracts in thestate(s) of: CA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11 /22/24 Insured CHEN RYAN ASSOCIATES, INC. (DBA) CR ASSOCIATES 3900 5TH AVE STE 310 SANDIEGO CA921033138 WC990631 (Ed. 6-20) Policy No. 80946-33-74 Endorsement No. Insurance Company MID-CENTURY INSURANCE COMPANY Countersigned By _____________________ _ Includes copyright material of the Workers Compensation Insurance Rating Bureau of California. All rights reserved.