HomeMy WebLinkAboutMichael Baker International Inc; 2026-08-12;City Attorney Approved 10/23/2025
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AGREEMENT FOR ENGINEERING PLANCHECK SERVICES
MICHAEL BAKER INTERNATIONAL, INC.
THIS AGREEMENT (“Agreement”) is made and entered into as of the _____ day of
_______________, 2026, by and between the City of Carlsbad, California, a municipal corporation ("City")
and Michael Baker International, Inc., a Pennsylvania corporation, ("Contractor").
RECITALS
A.City requires the professional services of a consultant that is experienced in engineering
plancheck services.
B.Contractor has the necessary experience in providing professional services and advice
related to engineering plancheck services.
C.City issued Request for Proposal No. 26-08 (RFP 26-08), to which Contractor responded
by submitting a proposal and affirming its willingness and ability to perform the work described therein
in accordance with the requirements of the RFP.
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 maximum period of five (5) years from the date first
above written with no extensions.
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
eighty thousand dollars ($80,000) per Agreement year. No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend
the Agreement, the amount shall not exceed eighty thousand dollars ($80,000) per Agreement year.
Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties.
City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or
Services specified in Exhibit "A."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
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City reserves the right to withhold a ten percent (10%) retention until City 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.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
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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
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.
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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:
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.
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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:
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.
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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
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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
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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 the following page]
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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 __________, 2026.
Pennsylvania corporation the State of California
Joanne Tyler – Vice President & Office
Tim Thiele – Vice President, Office Executive, Assistant City Clerk
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
7/23/2026
July23
7/23/2026
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1.CONTRACTOR'S OBLIGATIONS
The contractor shall provide qualified professional engineering and land surveying plancheck services in
accordance with the City of Carlsbad Engineering Review Manual, latest edition. All work shall also conform
to the City of Carlsbad Engineering Standards, latest edition, which shall serve as a separate and controlling
document governing design and construction requirements. In the event of a conflict, the more restrictive
requirement, as determined by the Engineering Manager, shall apply.
All services shall be performed in accordance with the prevailing professional standard of care and in full
compliance with all applicable federal, state, and local laws, regulations, and codes, including but not limited
to the Carlsbad Municipal Code, California Building Code, Subdivision Map Act, and applicable stormwater
and environmental regulations. The contractor shall be responsible for identifying and applying all such
requirements in the performance of plancheck services.
The contractor shall furnish all personnel, facilities, equipment, and standard engineering reference materials
necessary to provide the services required herein.
The City of Carlsbad utilizes Tyler Technologies’ Enterprise Permitting and Licensing (EPL) software system
for land management, permitting, and code compliance, and has fully implemented digital plan submittal
and review processes. The contractor shall perform all plancheck services within the City’s digital
environment and shall be responsible for accurately entering, tracking, and maintaining all required
plancheck in EPL in accordance with City procedures.
All plan reviews shall be conducted electronically using Bluebeam software. The contractor shall provide and
maintain, at its own expense, all necessary software licenses (including Bluebeam) and hardware required to
perform digital plan review.
The city currently utilizes its SharePoint site for the upload, download, and management of project submittals
and review documents. The contractor shall properly use the City’s SharePoint system in accordance with
established procedures.
The contractor shall comply with all current and future City digital review processes and platforms, including
but not limited to the potential implementation of Bluebeam Sessions or other integrated review tools within
EPL. The contractor shall be responsible for adapting to such changes without additional compensation and
in accordance with City direction.
EXHIBIT A
SCOPE OF SERVICES AND
FEES TO BE PAID
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A.CHECKING IMPROVEMENT PLANS:
Contractor shall perform the following work for each project:
1.Review submittal for completeness.
2.Examine record plans, tour the site in the field, and become familiar with general concept as proposed
by the project applicant for access, drainage, sewer and water facilities to the site relative to
compatibility with existing conditions.
3.Determine if the plans are in conformance with the applicable conditions of approval and the
approved tentative map or site plan.
4.Determine if the general format for the plan is in conformance with City of Carlsbad requirements, or
modifications thereof.
5.Determine if the plans are in compliance with the latest local, state and federal accessibility
requirements. A CASp Certified reviewer shall be available as determined by the city.
6.Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance
with the City standards, or modifications thereof.
7.Determine any diversions, concentrations or increases in drainage flow, and any potential for damage
to off-site property resulting from such drainage. If so, ensure project mitigates such diversions,
concentrations, or increases in drainage flow. Check for adequate capacity of inlets, curbs, brow
ditches and down drains.
8.Determine requirements for easements necessary to encompass, access, and maintain the facility and
whether they have been obtained before plan approval.
9.Determine if any work is proposed that requires a temporary construction or slope easement
necessary to construct the improvements. Easements must be obtained prior to plan approval.
10.Check adequacy and availability of sewer and water services and the respective pipe sizing when
requested. Coordinate with sewer and water agencies to ensure plan consistency. All agency
approvals must be obtained prior to City approval.
11.Check sight distances, horizontal radius, and vertical curves on streets. Coordinate sight distance
requirements with landscape plans.
12.Determine that the plans, as submitted, are in conformance with the latest version of the Carlsbad
Municipal Code, the City of Carlsbad Engineering Standards, Carlsbad Municipal Water District
Standards, and other applicable standards used by the city.
13.Determine if the plans meet overall technical conformance and adherence to good design practice.
14.Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown
on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Engineering
Standards, and other applicable codes and standards used by the city and in coordination with the city
traffic engineer.
15.Determine that traffic signals, intersection control, detour, phasing, and all other sequence plans are
shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Engineering
Standards, and other applicable codes and standards used by the city.
16.Determine that the improvement plans are in conformance with the approved grading plan and final
map, if applicable to the project. A copy of the grading plan and final map will be furnished with the
improvement plans. The city may elect to check the grading plan and final map or include these
planchecks within the contractor's responsibilities.
17.Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad
Municipal Code, City of Carlsbad Engineering Standards, City of Carlsbad Landscape Manual, and other
applicable codes and standards used by the city.
18.Determine the accuracy of the quantity calculations, list of quantities, and contingencies between the
engineer's cost estimate and the plans relative to current city-adopted unit prices.
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19.Provide the city with a completed checklist and written certification that the plans are complete and
accurate, and are in conformance with applicable city codes, standards, discretionary approvals and
written policies, that they are consistent with any grading plans, final map and any other adjacent
project-related improvement documents filed at the city.
20.Provide, upon request, technical information for letters, agreements, securities, easement documents
and agenda bills with appropriate transmittal information. Submit all plancheck related documents to
the city for the project file.
21.Review project against latest State Storm Water Quality Regulations and ensure project is
incorporating post-development Best Management Practices (BMP) measures to verify that pollutants
of concern are identified and that treatment BMP’s meet numeric sizing criteria pursuant to Order R9-
2015-0100, or latest version. Review and require project Storm Water Management Plans (SWQMP),
when required per Order R9-2015-0100.
22.Ensure appropriate Storm Water Pollution Prevention Plans (SWPPP’s) are submitted in accordance
with City Stormwater Standards (i.e.: Tier 1, Tier 2, Tier 3). Ensure Tier 3 SWPPP’s satisfy State
Regional Water Quality Control Board regulations, latest version. Ensure that project SWPPP’s identify
the construction BMP’s to be implemented during the course of the project. Utilize checklists,
prepared by the California Regional Water Quality Control Board or CASQA templates to verify content
and organization of SWPPP’s.
23.Review Homeowner/Property Owner Association’s Covenants, Conditions, & Restrictions for
appropriate clauses that cover maintenance of applicable private improvements.
24.Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of
site boundaries, appurtenances and other relevant features. Submit photos to city’s project engineer.
25.During the submittal of the first plancheck comments, meet with city’s project engineer. Submit
plancheck, photos, checklist, and a project report. The city’s project engineer may waive the meeting
on small planchecks.
26.Subsequent planchecks require a checklist along with the plancheck red lines and written comments.
The checklist is to be developed by the planchecker unless the city issues a city checklist. The checklist
is to have a significant amount of items specific to the plancheck being performed, including the
Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to
verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial
the item and place a N/A as “not applicable.”
27.The planchecker is to coordinate with the appropriate city department regarding issues relevant to
that particular department.
28.Check the basis of bearings (NAD 83) is tied to the City Carlsbad’s Survey Control Network as shown
on R.O.S. No. 17271 and the vertical control is based on NGVD 29 datum.
B.CHECKING GRADING AND EROSION CONTROL PLANS:
Contractor shall perform the following:
1.Examine record plans, tour the site in the field, become familiar with the general concept as
proposed by the project applicant relative to compatibility with existing conditions.
2.Determine if the plans are in conformance with the applicable conditions of approval and the approved
tentative map.
3.Determine if the plans meet overall technical conformance and adherence to good design practice.
4.Determine if the general format for the plan is in conformance with City of Carlsbad requirements.
5.Compare the grading plan with the recommendations in the soils report provided and check that the
specifications and details in the soils report are included in the plans. Make recommendations on
necessity for additional soils review and review any such additional soils reports that are submitted.
6.Compare the grading plan with the grading shown on any and all discretionary approvals and the
conditions thereto applied by the appropriate city body.
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7.Compare the grading plan with the improvement plans for the project.
8.Compare the grading plan with the approved environmental information.
9.Check for the following technical items:
a.Setback from property line;
b.Identification of property and easement lines;
c.Amounts noted for excavation, fill, import, export, remedial (cubic yards);
d.Cut slope and fill slope inclination ratios;
e.Existing contours;
f.Final grades shown by contours and spot elevations;
g.Location of cut and placement of fill (cut-fill transitions), daylight and limit lines shown on the
plan);
h.Typical lot drainage;
i.Typical berm or swale at the top of the fill or slope;
j.Typical brow ditch;
k.Terrace drains;
l.Percent of grade of streets and driveway, length of vertical curves; and
m.Horizontal and vertical site distance cross-checked with improvement plans;
n.Verify compliance with city ordinances, standards, policies and resolutions that apply to the
subject plans.
o.Good engineering practice.
p.Permanent post-construction site design, source control and treatment control BMP’s have been
proposed and are consistent with the approved SWQMP, if applicable.
q.Review project for compliance with California’s statewide General National Pollution Discharge
Elimination System (NPDES) Permit for Storm Water Discharges Associated with Construction
Activities. If applicable, ensure that a Notice of Intent has been filed with Regional Water Quality
Control Board and that a response letter with an assigned Waste Discharge Identification (WDID)
Number has been assigned, is current and that the WDID number is included on the grading plan
title sheet.
10.Check hydrology and hydraulic calculations, and the design of the drainage system for conformance with
city standards, or modifications thereof.
11.Determine any diversion, concentrations or increases in drainage flow, and any potential for damage to
off-site property resulting from such drainage. Check for adequate capacity of inlets, curbs, brow
ditches, and down drains.
12.Check for non-erosive velocities at point of discharge or adequate energy dissipation.
13.Review erosion control plans and check for conformance with the SWPPP, California BMP Handbook,
Municipal Code, and California Regional Board requirements.
14.Check landscape plans for conformance to the grading plans and for conformance with intersection sight
corridors and corner cut-offs. Verify large trees are not proposed over proposed public facilities.
15.Provide the city with a completed checklist and a written certification that the plans and reports are
complete and technically correct, and are in conformance with applicable city codes, standards, and
written policies and that they are consistent with any improvement plans, final map, and other adjacent
project-related improvement documents furnished by the city.
16.Provide, upon request, technical information for letters, agreements, securities, easement documents
and agenda bill with appropriate transmittal information. Submit all plancheck related documents to
the city for the project file.
17.Review project against latest State Storm Water Quality Regulations and ensure project is incorporating
post-development BMP measures to verify that pollutants of concern are identified and that treatment
BMP’s meet numeric sizing criteria pursuant to Order R9-2015-0100, or latest version. Review and
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require project Storm Water Quality Management Plans (SWQMP), when required per Order R9-2015-
0100.
18.Review Storm Water Pollution Prevention Plans (SWPPP’s), when required per State Regional Water
Quality Control Board regulations, latest version. Ensure that project’s SWPPP identify the construction
BMPs to be implemented during the course of the project. Utilize checklists, prepared by the California
Regional Water Quality Control Board, to verify content and organization of SWPPP’s.
19.Determine the accuracy of the quantity calculations, the list of quantities, and the engineer's cost
estimate relative to current adopted unit prices.
20.Review Homeowner’s/Property Owner’s Association CC&R’s for appropriate clauses that cover
maintenance of applicable private improvements and permanent post-construction BMP’s.
21.Review HOA/POA CC&R’s for appropriate clauses that cover maintenance of applicable private
improvements.
22.Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of
site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city’s
project engineer.
23.During the submittal of the first plancheck comments, meet with city’s project engineer at the city.
Submit plancheck, photos, photo log and checklist in a project report. The project report is to include
any issues of concern.
24.Subsequent planchecks require a checklist along with the plancheck red lines and written comments.
The checklist is to be developed by the planchecker unless the city issues a city checklist. The checklist
is to have a significant number of items specific to the plancheck being performed, including the
Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify
that the item has been reviewed. If the item is not relevant, then the contractor planchecker is to initial
the item and place a N/A as “not applicable.”
25.The planchecker is to coordinate with the appropriate city department regarding issues relevant to that
particular department.
26.Review retaining walls, verify correct regional standard drawing is called out and all parameters are
appropriate. For non-standard walls, review input and output parameters on calculations for
conformance to soils report, site conditions, and city standards.
27.Check the basis of bearings (NAD 83) is tied to the City Carlsbad’s Survey Control Network as shown on
R.O.S. No. 17271 and the vertical control is based on NGVD 29 datum.
C.CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following;
1.Review submittal for completeness.
2.Determine that the map is in conformance with applicable conditions of approval and the approved
tentative map or tentative parcel map.
3.Check that the format is in compliance with the City of Carlsbad Municipal Code Title 20, and County
Map Processing Manual, latest version, and the city final map title sheet template.
4.Check Title Report and Subdivision Guarantee and verify that all easements are noted on the map, the
legal description conforms to the map, and all parties required to sign the map have done so.
5.Check traverse closure for lots, blocks, boundaries and easements for acceptable closure.
6.Check all easements to which the lots are subject, including use and reference if already of record.
7.Check legal descriptions and plats for any off-site easements; check ownership against title reports
and prepare deed in conformance with city format.
8.Determine that the title sheet and/or Procedure of Survey sheet includes basis of bearings (NAD 83
ties), number of lots, acreage of the subdivision, soils report note, and monumentation notes.
9.Determine that the following certificates and acknowledgments appear on the title sheet:
a.Owner's Certificate signed and acknowledged by all parties having record title interests,
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including dedications and offers of dedication;
b.Engineer's or Surveyor's Statement;
c.City Engineer's Statement of Approval;
d.City Clerk's Certificate of Approval by City Council and Acceptance of Offer of Dedication; and
e.Such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as
required by the Subdivision Map Act and the Carlsbad Municipal Code.
f.Signature omission statement
10.Determine that map is in conformance with provisions of Land Surveyor's Act, the Subdivision Map
Act, applicable California Civil Code, and any and all discretionary approvals and the conditions thereto
applied by the appropriate city body. Professional Land Surveyor of responsible charge of the map
review shall sign and stamp the map attesting that the map is technically correct in accordance with
the Subdivision Map Act, latest edition.
11.Provide the city with a completed checklist and a written certification that the map is complete and
technically correct and is in conformance with applicable city codes, standards, and written policies;
that it is consistent with any improvement plans, grading plans, and any other adjacent project-related
improvement documents furnished by the city.
12.Provide, upon request, technical information for letters, agreements, securities, easement
documents, and agenda bills. Submit all plancheck related documents to the city for the project file.
13.Check that the basis of bearings for the survey is in NAD 83 coordinates pursuant to the City of
Carlsbad Digital Submittal Requirements and County Map Processing Manual.
14.Verify signature authorization against the title sheet of map to verify the signature(s) listed are
authorized to bind the company or entity of the owner.
15.Ensure that proper signature authority is provided for fee title interests.
16.Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of
site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city’s
project engineer.
17.During the submittal of the first plancheck comments, meet with city’s project engineer at the city.
Submit plancheck, photos, photo log and checklist in a project report. The project report is to include
any issues of concern.
18.Subsequent planchecks require a checklist along with the plancheck red lines and written comments.
The check list is to be developed by the contractor planchecker unless the city issues a city checklist.
The checklist is to have a significant amount of items specific to the plancheck being performed,
including the Conditions of Approval. The city approved planchecker is to initial each line item of the
checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is
to initial the item and place a N/A as “not applicable.”
19. The contractor planchecker is to coordinate with the appropriate city department regarding issues
relevant to that particular department.
D.CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS
1.Review the submittals for completeness.
2.Examine record plans, tour the site in the field (as necessary), and become familiar with the general
concepts as proposed by the project applicant for water, sewer, and reclaimed water facilities for the
site.
3.Determine that the water improvement plans are in conformance with the Carlsbad Municipal Water
District’s (CMWD's) checklist, the standards for the design and construction of water, sewer, and
reclaimed water facilities, and applicable codes.
4.Determine that the plans are in compliance with the conditions of approval, water, sewer and
reclaimed water master plans, or other agreements as may apply.
5.Determine requirements for on-site and off-site water and sewer easements and whether they have
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been obtained/dedicated.
6.Check existing and proposed CMWD easements, to include closure of the traverse, plats, and legal
descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with
a current title report for further processing.
7.Determine that the water improvement plans are in conformance with the grading plans and final
map, if applicable to the project.
8.Determine the accuracy of the quantity calculations, the list of quantities and the engineer's cost
estimate relative to current adopted unit prices.
9.Check the water improvement plans for overall technical conformance and adherence to good design
practice.
10.Review plancheck submittals with city staff to discuss significant review comments and/or unresolved
issues.
11.Review public potable water distribution and transmission mains, laterals, booster pump stations, and
pressure reducing stations designs against Carlsbad Municipal Water District Standards, latest edition
or revision thereof. Among other actions, but at minimum, contractor shall review point-of-
connection, pipe layout, hydraulic grade line, pressure design, pipe material, critical bends, valves
layout, meters, thrust blocks, stationing, cross-connects with recycled water, hydrant locations, blow-
off and manual air release locations, automatic air release locations, depth of pipe, vertical conflicts,
easements, accessibility, offset from curb, pressure at each lot, meter sizing, meter location, and fire
services. Contractor shall coordinate with city for special design considerations.
12.Review public sewer lines and pump station designs against Carlsbad Municipal Water District
Standards, latest edition or revision thereof. Among other actions, Contractor shall review point-of-
connection, sewer alignment, cleanout locations, access hole placement, depth of sewer, gravity flow,
easements, accessibility, sewer laterals, invert elevations, vertical conflicts, and sewer lateral tables.
Contractor shall coordinate with city for special design considerations.
13.If applicable, review Homeowner’s/Property owner’s Association CC&R’s for appropriate clauses that
cover maintenance of applicable private improvements and permanent post-construction BMP’s.
14.Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of
site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city’s
project engineer.
15.During the submittal of the first plancheck comments, meet with city’s project engineer. Submit
plancheck, photos, photo log and checklist in a project report. The project report is to include any
issues of concern.
16.Subsequent planchecks require a checklist along with the plancheck red lines and written comments.
The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist
is to have a significant amount of items specific to the plancheck being performed, including the
Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to
verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial
the item and place a N/A as “not applicable.”
17. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that
particular department.
E.STORM WATER QUALITY MANAGEMENT PLAN (SWQMP) REVIEWS
1.Review SWQMP for compliance with the City of Carlsbad BMP Design Manual.
2.Review existing, anticipated and potential pollutants of concern associated with the development for
conformance with in-situ conditions.
3.Review hydrologic unit, subunit and water body nomenclature and EPA Section 303(d) list for impaired
water bodies status.
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4.Verify applicable stormwater standards to review individual priority project categories applicable to
priority projects. Verify compliance with required site design, source control and treatment control
BMPs.
5.Review adequacy of recommended source control, site design and treatment control Best
Management Practices (BMP’s) for applicability to the existing, anticipated, and potential pollutants
relative to removal efficiencies and impacts to applicable 303(d) listed waters.
6.Review compliance with Trash Capture requirements.
7.Review adequacy of Low Impact Development design features incorporated into the project as
mitigating measures for impacts to storm water quality due to increased volume flow rates, velocities
and durations.
8.Revise applicability of hydromodification requirements as they apply to development projects. Ensure
adequate hydromodification controls are incorporated into the project as required by the BMP Design
Manual.
9.Ensure that all approved post-construction permanent treatment controls BMP and
hydromodification facility information is included on the title sheet of the grading plans in standard
format.
10.Verify whether flow-based or volume-based numeric sizing requirements are met relative to the
proposed design and treatment control BMP(s).
11.Evaluate the rationalization and justification of selected treatment control BMPs relative to other
available and more effective BMPs.
12.Review the operation and maintenance procedures for all proposed Low Impact Design (LID), source
control and treatment control BMP’s and ensure that all maintenance practices, methods, frequencies
and respective responsibilities are well defined through appropriate narrative and details.
13.Secure the recordation of an executed standard Permanent Stormwater Quality Best Management
Practice Maintenance Agreement that ensures perpetual maintenance of the BMP’s associated with
the project.
F.CHECKING GEOTECHNICAL REPORTS (OPTIONAL)
Contractor shall perform the following:
1.Review submittal for completeness.
2.Examine record reports and references, tour the site in the field, become familiar with the general
concept as proposed by the project applicant relative to compatibility with existing conditions.
3.Determine if the report meets overall technical conformance and adherence to good design practice.
4.Compare the grading plan with the recommendations in the soils report provided and check that the
specifications and details in the soils report are included in the plans.
5.Check for the following technical items:
a.General/Project Description;
b.Field Investigation;
c.Lab Testing;
d.Earth Materials;
e.Seismicity;
f.Slope Stability
g.Conclusions/Recommendations;
h.Geologic Hazards;
i. Illustrations;
j.References;
k.Coastal Bluffs;
l.Observation/Testing during construction;
m.Verify compliance with city ordinances, standards, policies and resolutions that apply to the
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subject plans.
n.Good engineering practice.
6.Review report and calculations and check for conformance with the Municipal Code and the current
California Building Code.
7.Provide the city with a completed checklist and a written certification that the plans and reports are
complete and technically correct, and are in conformance with applicable city codes, standards, and
written policies and that they are consistent with any improvement plans, final map, and other
adjacent project-related improvement documents furnished by the city.
8.Subsequent planchecks require a checklist along with the plancheck red lines and written comments.
The checklist is to be developed by the planchecker unless the city issues a city checklist. The checklist
is to have a significant amount of items specific to the plancheck being performed. The city approved
planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the
item is not relevant, then the contractor planchecker is to initial the item and place a N/A as “not
applicable.”
9.Review retaining walls for conformance to soils report, site conditions and details
G.ADDITIONAL AND SPECIAL SERVICES
The contractor may be requested to perform plancheck or other engineering services that are outside the
standard scope of services or not covered by the City’s adopted fee schedule. Such services may include, but
are not limited to, review of City capital improvement projects, technical studies, reports, or other
specialized assignments.
Work performed under this section shall not be subject to the City’s standard fee schedule and shall instead
be compensated on a time-and-materials basis (hourly rates) or for a negotiated lump sum fee, as agreed
to in writing and approved by the Engineering Manager prior to commencement of work.
The City reserves the right to define the scope, schedule, and compensation structure for such services on
a case-by-case basis.
H.MONTHLY MEETINGS
The contractor is to attend monthly plancheck meetings. The meetings will be attended by city staff and
other contractors (plancheckers). Issues such as policies, procedures, regulations, standards, and updates
will be presented or discussed. The frequency of the meetings may be reduced over time.
2.CITY OBLIGATIONS
A.Upon initial receipt of a request for plancheck, the city shall perform a preliminary review of the plans
to ensure that complete plan packages per the applicable city submittal checklist are submitted before
forwarding them to the contractor.
B.Prior or concurrent with forwarding of the plans to the contractor, city staff shall route to each affected
department or agency, a complete set of plans and include the following as a minimum: copy of
conforming tentative map or other discretionary approval, copies of all applicable resolutions showing
the conditions of approval, cost estimate, associated studies, corrected plans and previous check prints
(during resubmittal). Upon receipt of comments from affected departments or agency, city staff shall
transmit the comments to the contractor.
C.City shall provide the contractor with the following documents:
1.A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion Control" of the Carlsbad
Municipal Code, and all revisions as they are adopted. (available online)
2.A copy of the latest edition of the “City of Carlsbad Standards”. (available online)
3.A copy of the latest City of Carlsbad Final Map Title Sheet Template. (available online)
4.A copy of any other written policies, standards, or criteria adopted or used by city applicable to
contractor’s planchecking services as described above.
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D.In addition to prints of the plans to be checked, the city will furnish to the contractor the following;
1.A print of the grading plan, improvement plan, and proposed final map of the project, if applicable.
2.A print of any adjacent improvement plans. (available online)
3.A copy of the conforming tentative map and tentative map conditions and/or any other applicable
discretionary approval.
E.Collect the necessary fees, securities and deposits required for the project from the applicant.
F.Provide contractor with access, use of city project files, data printouts, and conference rooms as
appropriate.
G.Nothing in this agreement shall be construed to obligate city to provide any work to the contractor. city
reserves the right, at its sole discretion, to assign plans for checking to Contractor, to perform planchecks
with its own forces, or to assign plans for checking to another consulting firm.
H.Before improvement plans are assigned to contractor, city shall review the cost estimate, as prepared
by the Engineer-of-Work, and verify the “cost basis” (Basis) for contractor fees. Any items included in
the cost estimate that the city decides the contractor should not review can be removed from the Basis
at the discretion of the city. City shall add remarks on the plancheck assignment sheet informing
Contractor not to review specific portions of the improvement plan. City will reduce the contractor fees
accordingly.
3.PROGRESS AND COMPLETION
Contractor shall complete planchecks according to the following schedule:
A.First plancheck: complete and return to city within fifteen (15) working days of notice to pick up.
B.Second and third planchecks: complete and return to city within ten (10) working days of notice to
pick up.
C. Final: complete and return to city within five (5) working days of notice to pick up.
D.Construction revisions to grading or improvement plans: complete and return to city within three
(3) working days of notice to pick up.
Failure to meet the stipulated return times shall result in a 5% reduction in the payments due for that
particular plancheck turnaround, resulting in an equal cost reduction in the fee due under Exhibit "A" for
the total plancheck. [Example: First plancheck turnaround late fee = (TOTAL FEE x 40%) x 95%]. Penalty
would not be recovered at end of plancheck.
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FEE SCHEDULE
FEES TO BE PAID TO THE CONTRACTOR
The total amount of the fee for planchecking services for each set of plans, maps, or reports shall
be 75% of the engineering department fee based on the current Master Fee Schedule, except as
otherwise provided for in Section 3 of original agreement, Exhibit “A”.
The fee shall become payable according to the following schedule:
First plan check completed 40% of total fee
Second plan check completed 25% of total fee
Third plan check completed 20% of total fee
Plan or map approval and submittal of written certification
of plancheck 15%* of total fee
*Actual amount may be adjusted so that 100% of the total fee based on city-approved quantities
or cost estimates (or reductions to the estimate imposed by the city) is paid. The city may reduce
the final cost estimate used for final payment if the estimate includes items not planchecked by
the contractor.
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HOURLY RATE SCHEDULE
Effective December 2025 through December 2026
OFFICE PERSONNEL $/ Hr.
Principal ............................................................................................................................................... $325.00
Project Manager .................................................................................................................................... 270.00
Structural Engineer ................................................................................................................................ 260.00
Technical Manager ................................................................................................................................ 260.00
Project Engineer .................................................................................................................................... 210.00
Senior Planner ....................................................................................................................................... 195.00
Electrical Engineer ................................................................................................................................. 200.00
Landscape Architect .............................................................................................................................. 200.00
Environmental Specialist ......................................................................................................................... 171.00
Project Planner ....................................................................................................................................... 170.00
Design Engineer/Senior Designer .......................................................................................................... 195.00
Qualified SWPPP Practitioner ................................................................................................................. 160.00
GIS Analyst ............................................................................................................................................. 160.00
Designer/Planner .................................................................................................................................... 160.00
Project Coordinator ................................................................................................................................ 145.00
Permit Processor ................................................................................................................................... 140.00
Design Technician .................................................................................................................................. 126.00
Environmental Analyst/Staff Planner ...................................................................................................... 126.00
Graphic Artist .......................................................................................................................................... 130.00
Assistant Engineer/Planner ..................................................................................................................... 124.00
Engineering Aid/Planning Aid ................................................................................................................... 83.00
Office Support/ Clerical ............................................................................................................................. 78.00
SURVEY PERSONNEL
2-Person Survey Crew .......................................................................................................................... $350.00
1-Person Survey Crew ............................................................................................................................ 240.00
Licensed Surveyor ................................................................................................................................. 295.00
Mapping Technician ................................................................................................................................ 185.00
Field Supervisor ..................................................................................................................................... 230.00
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 10%. A Sub-consultant
Management Fee of ten-percent (10%) will be added to the direct cost of all sub-consultant services to provide for the cost of administration, sub-
consultant consultation and insurance. Vehicle mileage will be charged as an additional cost at the IRS approved rate.
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ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION.
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