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HomeMy WebLinkAboutD.A. Hogan & Associates Inc; 2026-04-21; PR-PSA-26001PPR-PSA-26001P Page 1 City Attorney Approved Version 9/3/2025 AGREEMENT FOR SYNTHETIC TURF REPLACEMENT CONSULTING SERVICES FOR ALGA NORTE COMMUNITY PARK D.A. HOGAN & ASSOCIATES, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and D.A. Hogan & Associates, Inc., a Washington corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in outdoor sports facility improvements, including natural and synthetic turf replacement. B. Contractor has the necessary experience in providing professional services and advice related to natural and synthetic turf replacement, including the preparation of general design plans, guidance on competitive bidding requirements, and the development of materials outlining best practices and turf product options. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("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 for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. 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 forty-four thousand six hundred ninety-five dollars ($44,695). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 21st 26April PR-PSA-26001P Page 2 City Attorney Approved Version 9/3/2025 right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." 6. 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 City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. 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 City. 8. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of 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 California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, 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 Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P Page 3 City Attorney Approved Version 9/3/2025 for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program 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. 10. 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, 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 City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and 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. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 City's satisfaction, a declaration stating this. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P Page 4 City Attorney Approved Version 9/3/2025 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, 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 City. 10.2.4 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. 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 City 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. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. 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 City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P Page 5 City Attorney Approved Version 9/3/2025 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Roger Havlak Name Robert Harding Title Parks Superintendent Title Project Manager Dept Parks & Recreation Address 1450 114th Ave. SE, Suite 225 CITY OF CARLSBAD Bellevue, WA 98004 Address 1166 Carlsbad Village Drive Phone 206-285-0400 Carlsbad, CA 92008 Email info@dahogan.com Phone 442-339-2824 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. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. 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. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P City Attorney Approved Version 10/23/2025 Page 6 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 whose services are required by this Agreement. 18. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 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, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 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 City will reduce such questions, and their respective views, to writing. 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 City Manager. The City 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 City 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 Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P City Attorney Approved Version 10/23/2025 Page 7 under this Agreement. City 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, City 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 City 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 City, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor 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 City 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 City 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 City, 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 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 Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P City Attorney Approved Version 10/23/2025 Page 8 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. [signatures on following page] Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 PR-PSA-26001P City Attorney Approved Version 10/23/2025 Page 9 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. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California D.A. Hogan & Associates, Inc., a Washington corporation By: By: (sign here) Kyle Lancaster, Parks & Recreation Department Director David L. Anderson, CEO (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Robert S. Harding, Treasurer Deputy / Assistant City Clerk (print name/title) If required by City, 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, City Attorney BY: _____________________________ Deputy / Assistant City Attorney Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 26April19th D.A. Hogan & Associates, Inc.(206) 285-0400 Tel 1450 114th Ave. SE, Suite 225 Bellevue, WA 98004 April 16, 2026 (Revised) Todd Reese, Parks Services Manager Roger Havlak, Parks Superintendent Carlsbad Parks & Recreation 799 Pine Avenue, Suite 200 Carlsbad, CA 92010 Re: Professional Consulting Services for Alga Norte Park Synthetic Turf Replacement Dear Todd and Roger: D.A. Hogan & Associates, Inc. is pleased to submit this proposed scope of services and fee proposal for the proposed synthetic turf replacement at Alga Norte Park. The project schedule is assumed to have construction occurring during November 2026-February 2027 and would take approximately 5-7 weeks per field, with an early January break in construction to accommodate an anticipated soccer tournament. My assumptions include preparation of a typical set of drawings and specification suitable for competitive bidding including the following: Basic Improvements 1.Removal and recycling of existing infilled synthetic turf at two (2) separate fields with combination of softball/soccer uses. City to confirm desired recycled content goal. 2.Removal and replacement of 12 ft. ht. chain link wing and outfield fence fabric. Installation of new bottom rail and an additional tension wire at 24” ht. above finish grade. Clean, prime and repaint posts, existing mid rail and top rail. Install new chain link fabric. All improvements to match existing – color black. 3.Repair/regrading of permeable aggregate base. Complete edge transitions where settlement has occurred or displaced during removal. 4.Provide a shim on the edge nailer at the field edge to facilitate changes in turf fiber height. 5.A new synthetic turf edge nailer was installed in 2013-2014 as part of the original turf installation. While it is not likely to require replacement in its entirety an allowance for replacement of portions will be included as part of the documents. 6.Install new synthetic turf system including supplemental pad and permanent tufted and/inlaid markings for the softball/baseball and modified soccer fields. It is assumed similar markings as currently installed on the field shall be duplicated with other sports to be included as directed by program requirements. 7.Synthetic turf system design to be based on “non-performance” infilled turf. 8.Vactor/clean storm drainage system adjacent to the field area and downstream drainage system to confirm operational capabilities. 9.Replaced bases and plates at softball infields 10.Provide spare/replacement panels at home plate and pitching area. Attached please find the following: Schedule A - Scope of Services Schedule B - Fee Proposal Preliminary Construction Cost Estimate EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 ~DA HOGAN City of Carlsbad Alga Norte Park Turf Field Replacement Fee Proposal Page 2 of 6 It is anticipated the turf product will mirror that of most recently installed turf at Poinsettia Park, with potential adjustments for a reduced fiber ht. to be more appropriate to softball uses. It is anticipated the turf installation will be staged, such that only one field will be closed at a time. Please do not hesitate to contact me if you need further information. We are prepared to begin work upon issuance of an agreement, and anticipate completion of design documents, bidding and construction to occur during spring/summer 2026, with construction to commence in late fall 2026. On behalf of D.A. Hogan & Associates, we look forward to working with you, and completing these improvements for the City of Carlsbad. Sincerely, Robert Harding, Principal D.A. Hogan & Associates, Inc. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 City of Carlsbad Alga Norte Park Turf Field Replacement Fee Proposal Page 3 of 6 SCHEDULE A Professional Consulting Services for Alga Norte Park Synthetic Turf Field Replacement SCOPE OF SERVICES 1.1 PHASE 1 – GENERAL SERVICE AND SCHEMATIC DESIGN PHASE (30%) A. Project Kick Off Meeting (virtual) B. Confirm proposed design and construction schedule prepared by the owner. C. Confirm design program elements and areas of responsibility with Owner. D. Provide one (1) complete set of documents upon completion of each phase of the work. E. Confirm City desired turf product for use. F. Prepare preliminary design and drawing preparation including field layout. G. Prepare preliminary construction specifications for all applicable work items. H. Calculation of initial construction cost estimates I. Consultation to Owner as requested. J. Submit 30% / Schematic Design documents to Owner and receive Owner review comments K. Return revised 30% Documents. L. Obtain Owner’s written approval of the Schematic Design before proceeding with the Construction Document Phase. 1.2 PHASE 2 – CONSTRUCTION DOCUMENT DESIGN PHASE (100%) Phase 2A - Documentation A. Final design of all systems and components including: 1. Site Preparation and Demolition of Existing Conditions 2. Field Site Plan and Layout 3. Site Details 4. Field Layout and Synthetic Surfaces Composite Plans 5. Coordination with other related disciplines. B. Working drawings and construction details. C. Construction specifications D. Bid documents. It is assumed the project will be competitively bid. E. Update construction estimates as appropriate. Configure pricing documents to keep project within estimated MACC. F. Submit 100% CD documents to Owner and receive Owner review comments G. Return revised 100% Plans and Specifications. Phase 2B – Support and Public Meeting A. Prepare minor update (if requested) to previous prepared memorandum related to current synthetic turf systems regarding current Best Practices and Synthetic Turf material options including infilled and non-infilled turf types. B. Participate in one public meeting or City Council meeting regarding supporting documentation Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 City of Carlsbad Alga Norte Park Turf Field Replacement Fee Proposal Page 4 of 6 1.3 PHASE 3 –BIDDING A. Virtually attend Pre-Bid Review with prospective bidders. B. Respond to questions by vendors and Contractors. C. Issue information for inclusion with addendum(s) as may be appropriate. D. Review of bids received, consultation and recommendations to Owner for award of applicable items. 1.4 PHASE 4 – CONSTRUCTION PHASE A. Attend virtual pre-construction conference B. Review and recommend all materials and equipment submitted by the Contractor. C. Attend weekly construction meetings, if conducted virtually. If on site, to be conducted concurrent with site / milestone inspections noted below. D. Conduct periodic surveillance of site construction to observe the progress and quality of the work. Owner’s representative to attend where feasible. It is anticipated construction will require 5-7 weeks per field. Only one field shall be closed at any time; and both fields shall be available for an anticipated tournament during the first two weeks of January. Inspections are likely as follows: 1. At completion of turf removal and evaluation of base. Confirm permeability of base aggregate. 2. At completion of finish grading of base and any required repair of perimeter edge anchor. 3. During seaming/installation of turf 4. Completion of markings 5. At completion of work (Punch List Inspection) E. Monitor construction progress and quality with decisions relative to contract performance. Document all progress with reports as appropriate. F. Issue instructions for and of the Owner to the Contractor and prepare RFI, field directives and changes orders, if applicable. G. Guard the Owner against deficiencies in the work and review and recommend work in conformance with the contract documents. H. Keep the Owner advised as to the progress of the work. I. Assure for the Owner that the completed project will conform to the requirements of the contract documents. J. Complete substantial completion inspection and generate and distribute discrepancy (punch list) items. K. Processing of contract progress payment requests. L. Final inspection and certification of completion. 1.5 WORK NOT INCLUDED A. Full-time, on-site inspection B. Construction site survey and construction control bench marks C. Cost of printing of review, bidding, and distribution costs D. Permit and Plan Check fees assessed by permit authorities. E. Laboratory charges for construction testing Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 City of Carlsbad Alga Norte Park Turf Field Replacement Fee Proposal Page 5 of 6 1.6 OWNER’S RESPONSIBILITIES A. Assist the Consultant by placing at his disposal all available information pertinent to the site. B. Advertise for proposals from bidders and administer the opening of bids. C. Prepare such legal, accounting and auditing services as may be required by the Owner. D. With the assistance of the Consultant, obtain approval of all governmental authorities that have jurisdiction over the project. E. Designate a person to act as Owner’s Representative/Project Manager. F. Provide to the Consultant 30% (Schematic Design) Owner review comments G. Provide to the Consultant 100% CD Owner review comments 1.7 CONSTRUCTION BUDGET A. The maximum allowable construction (MACC) budget for the project is estimated to be approximately $3,050,000, including SWPPP (construction) allowance. Total is inclusive of sales tax, overhead and profit and and exclusive of design fees, survey, geotechnical investigation, permitting, construction testing, administrative and associated costs. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 City of Carlsbad Alga Norte Park Turf Field Replacement Fee Proposal Page 6 of 6 SCHEDULE B 1.7 COMPENSATION AND PAYMENT TO CONSULTANT A. We offer a lump-sum fee for all basic scope work as follows: Schematic Design through Closeout $44,695 B. All Contractor construction negotiations and change order processing within original scope of project is included in this amount. C. Included in the fees are anticipated travel expenses for 5 trips to the site, whether during design, public process or during construction. D. Progress payment for Consulting work to be as follows: Completion of Phase 1 $6,215 Completion of Phase 2A $17,575 Completion of Phase 2B $2,500 Completion of Phase 3 $2,220 Completion of Phase 4 $14,375 Close Out $2,080 Total $44,695 E. Compensation for additional services that may be requested by the Owner, including expert witness in the event of any litigation, shall be as follows: Principal Engineer/Landscape Architect $270.00 per hour Project Engineer/Landscape Architect $215.00 per hour Engineering Technician II $160.00 per hour Technical Staff $160.00 per hour Landscape Designer $135.00 per hour Engineering Technician I $125.00 per hour Administrative $90.00 per hour ACCEPTED BY: By: By: Robert Harding, ASLA Title: Principal Landscape Architect California Landscape Architect #4760 Date: Date: February 6, 2026 Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 Synthetic Turf Field Replacement Alga Norte Park Estimated Cost of Construction - 2026 Dollars Prepared for: City of Carlsbad Prepared by: D.A. Hogan & Associates Inc. 2/6/2026 - Revised 3-4-26 Quantity Units Unit Cost Est. Cost Total Turf Area - 153,000 SF General Conditions Bonds (1%)1 ls $12,266 12,260$ Insurance (1.5%)1 ls $18,399 18,390$ Contractor Superintendent & Management 2 mon $6,500 13,000$ SWPPP/BMP (Allowance)1 ls $15,000 15,000$ Vactor clean downsteam piping 1 ls $4,500 4,500$ Estimated General Conditions $63,150 Synthetic Turf Field Replacement-East Field Construction Survey & Layout 1 ls $1,500.00 1,500$ Fence Remove/Reinstall - Construction Entrance 1 ls $5,000.00 5,000$ Remove & Recycle Existing Turf 76500 sf $1.50 114,750$ Regrade Existing Aggregate with edge transition 76500 sf $0.25 19,120$ Planarity Tolerance 76500 sf $0.10 7,650$ Replace Turf Edge Anchoring (Allowance)500 lf $15.00 7,500$ Edge Anchor Shim 1070 lf $5.00 5,350$ Supplemental Pad 76500 sf $2.25 172,120$ Non-Infilled Turf 76500 sf $9.50 726,750$ Turf Ballast/Pivot Cool Mineral (2.5 lbs/sf)191250 lbs $0.20 38,250$ Inlaid Soccer Markings 1 ls $7,500.00 7,500$ Softball Markings 1 ls $4,500.00 4,500$ Home Plates 2 ea $1,000.00 2,000$ Slide Pit Materials (2,036 sf/set) 8 sets 16,300 sf $6.00 97,800$ Maintenance Equipment 1 ls $7,325.00 7,320$ Additional Turf Materials 1000 sf $7.00 7,000$ Site Cleanup 1 ls $2,500.00 2,500$ Estimated Net Construction Cost with Non-Performance Infilled Turf $1,226,610 Synthetic Turf Field Replacement-West Field Construction Survey & Layout 1 ls $1,500.00 1,500$ Fence Remove/Reinstall - Construction Entrance 1 ls $5,000.00 5,000$ Remove & Recycle Existing Turf 76500 sf $1.50 114,750$ Regrade Existing Aggregate with edge transition 76500 sf $0.25 19,120$ Planarity Tolerance 76500 sf $0.10 7,650$ Replace Turf Edge Anchoring (Allowance)500 lf $15.00 7,500$ Edge Anchor Shim 1070 lf $5.00 5,350$ Supplemental Pad 76500 sf $2.25 172,120$ Non-Infilled Turf 76500 sf $9.50 726,750$ Turf Ballast/Pivot Cool Mineral (2.5 lbs/sf)191250 lbs $0.20 38,250$ Inlaid Soccer Markings 1 ls $7,500.00 7,500$ Softball Markings 1 ls $4,500.00 4,500$ Home Plates 2 ea $1,000.00 2,000$ Slide Pit Materials (2,036 sf/set) 8 sets 16,300 sf $6.00 97,800$ Maintenance Equipment 0 ls $7,325.00 -$ Additional Turf Materials 1000 sf $7.00 7,000$ Alga Norte Park Turf Replacment Estimated Cost of Construction 1 of 2 Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 ~DA HOGAN Synthetic Turf Field Replacement Alga Norte Park Estimated Cost of Construction - 2026 Dollars Prepared for: City of Carlsbad Prepared by: D.A. Hogan & Associates Inc. 2/6/2026 - Revised 3-4-26 Quantity Units Unit Cost Est. Cost Total Site Cleanup 1 ls $2,500.00 2,500$ Estimated Net Construction Cost with Non-Performance Infilled Turf $1,219,290 Fencing Removal/Replacement Remove/Dispose Existing Fabric 1700 lf $5.00 8,500$ Repaint existing posts/top rail 1 ls $15,000.00 15,000$ Add Bottom Rail and Tension Wire 1700 lf $10.00 17,000$ New 12' ht. CL Fabric 1700 lf $75.00 127,500$ Remove/Replace Fence Cap 1700 lf 5 8,500$ Estimated Total Fencing Removal/Replacement $176,500 Subtotal $2,685,550 Sales Tax on Materials (7.75%)$33,274 Estimated Increase to Split Mobilization/Staging $50,000 Overhead and Profit (10%)$276,882 Total Basic Turf Replacement $3,045,706 Estimated Construction Contingency (10%)$304,571 Alga Norte Park Turf Replacment Estimated Cost of Construction 2 of 2 Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 ~DA HOGAN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/10/2026 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 be endorsed. If SUBROGATIONIS 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 USAA INSURANCE AGENCY INC/PHS 65812846 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (888) 242-1430 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED D A HOGAN & ASSOCIATES, INC 1450 114TH AVE SE STE 225 BELLEVUE WA 98004-6962 INSURER A : Hartford Underwriters Insurance Company 30104 INSURER B : INSURER C : INSURER D : INSURER E : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X X 65 SBA BC7VJN 07/29/2025 07/29/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY X X 65 UEC TU1536 09/27/2025 09/27/2026 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 X ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS- MADE X 65 SBA BC7VJN 07/29/2025 07/29/2026 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A 65 SBA BC7VJN 07/29/2025 07/29/2026 PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Employment Practices Liability Insurance 65 SBA BC7VJN 07/29/2025 07/29/2026 Each Claim Limit Annual Aggregate Limit $25,000 $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES(ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008-1949 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 ~ .,. db I ACC>RC> ~ ~ - - I ,__ □ □ ,__ Fl □ □ ,__ ~ ~ ,__ t--- ,__ t--- ~ 7 I I I I I [ 03/31/2026 Shipley & Pease Insurance P O Box 928 Woodinville WA 98072 Kim Grahn (206) 519-5371 (503) 282-3345 kim@shipleyins.com D A Hogan & Associates Inc. 1450 114th Ave. SE, Suite 225 Bellevue WA 98004 Travelers Casualty & Surety Company of America 31194 CL2633104738 A Professional Liability 105270214 04/21/2026 04/21/2027 Each Claim $3,000,000 Aggregate $3,000,000 Deductible $25,000 This certificate refers to but the policy itself is not limited to a specific project: Poinsettia Park Synthetic Turf Replacement City of Carlsbad Parks & Recreation Department 3096 Harding St Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 ACORD® I ~ I I □ - - ~ □ □ - - - - - - - -H I I I I I □ jh..,.1 ... I ll'Ff"' r-• r ACORD 101 (2014/01)© 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC# : ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY USAA INSURANCE AGENCY INC/PHS NAMED INSURED D A HOGAN & ASSOCIATES, INC 1450 114TH AVE SE STE 225 BELLEVUE WA 98004-6962 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER:ACORD 25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE RE: Alga Norte Synthetic Turf Replacement The City of Carlsbad, its officials, employees and volunteers, but only as required by a valid written contract, agreement, or permit is an additional insured as provided by the Business Liability Coverage Form SL 30 32 attached to this policy. The Business Liability Coverage Part includes a Blanket Additional Insured By Contract Endorsement, Form SL 30 32 and a Blanket Additional Insured by Contract - Umbrella Endorsement SU 00 02. Coverage is primary and noncontributory per the Business Liability Coverage Form SL 00 00, attached to this policy. Umbrella coverage follows the Business Liability Coverage Form SL 00 00, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SL 00 00, attached to this policy. Notice of Cancellation will be provided in accordance with Form SL9013 attached to this policy. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 32 06 21 Page 1 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A.The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1)The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 THE~ HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 32 06 21 Page 2 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (h)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i)The exceptions contained in Paragraphs (d) or (f); or (ii)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1)Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1)Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a)Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b)Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1)Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In connection with your premises; (b)In the performance of your ongoing operations performed by you or on your behalf; or (c)In connection with "your work" and included within the "products-completed operations hazard", but only if: (i)The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii)Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 THE~ HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 32 06 21 Page 3 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1)Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a)"Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b)"Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party (1)Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations performed by you or on your behalf; (b)In connection with your premises owned by or rented to you; or (c)In connection with "your work" and included within the "products-completed operations hazard", but only if: (i)The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b)Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 THE~ HARTFORD 03/31/2026 Shipley & Pease Insurance P O Box 928 Woodinville WA 98072 Kim Grahn (206) 519-5371 (503) 282-3345 kim@shipleyins.com D A Hogan & Associates Inc. 1450 114th Ave. SE, Suite 225 Bellevue WA 98004 Travelers Casualty & Surety Company of America 31194 CL2633104738 A Professional Liability 105270214 04/21/2026 04/21/2027 Each Claim $3,000,000 Aggregate $3,000,000 Deductible $25,000 This certificate refers to but the policy itself is not limited to a specific project: Poinsettia Park Synthetic Turf Replacement City of Carlsbad Parks & Recreation Department 3096 Harding St Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Docusign Envelope ID: E897A962-426E-443B-B36A-C166E9ACCC38 ACORD® I ~ I I □ - - ~ □ □ - - - - - - - -H I I I I I □ jh..,.1 ... I ll'Ff"' r-• r