Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Ascent Environmental Inc; 2018-06-12;
AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES ASCENT ENVIRONMENTAL, INC. No. 1 is entered into and effective as of the,3/st day of --~...!.-..µ.,,.~~,------' 2019, extending the agreement dated June 12, 2018, (the "Agreemen ") by d between the City of Carlsbad, a municipal corporation, ("City"), and Ascent Environmental, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for professional engineering consulting services. RECITALS A. The Parties desire to extend and amend the Agreement for a period of one (1) year; and, B. The Parties desire to update the Agreements scope of work as defined in attached Exhibit "A". NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,000). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by June 12, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. Ill /II Ill /II /II City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. ASCENT ENVIRONMENTAL, INC. a California corporation By: By: (sign here) kobs, CEO (print name/title) Honey L. Walters, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Gity MHl'le~er or Mayor 01\,Director .. Assi~CE!) ATTEST: ~.f[lc_uflM/ ~RBARA ENGLESON tJ-v11Y Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES 1. Review applicant-prepared forms and documentation for completeness, accuracy and adequacy to determine consistency with CAP measures applicable to specific development proposals. Prepare written confirmation that submitted documentation is adequate for a finding of CAP consistency, or prepare written comments identifying deficiencies and corrections needed in order to demonstrate CAP consistency. If necessary, confirm CAP-related project features against project plans. 2. Validate GHG modeling data inputs, results, and post-processing adjustments. Assess reasonableness of assumptions and data source selections. 3. As needed, confirm expected project emissions against the "brightline" GHG threshold of 900 MTCO2e to determine whether project is subject to CAP measures. · 4. Confirm energy modeling calculations, reasonableness of assumptions and data source selections. 5. Review re-submittals of CAP consistency checklist forms and supporting documentation to confirm identified deficiencies and corrections have been made, or prepare written corrections as needed. 6. Evaluate infeasibility claims of specific CAP measures, and determine adequacy of proposed modified or substitute GHG-reducing project features. 7. Provide support to city staff in responding to requests for information, answering technical questions, or interpreting application to unique project circumstances. 8. As needed: a. Attend meetings with staff and/or applicants. b. Attend project public hearings, prepared to support staff in responding to GHG and/or CAP consistency-related questions. c. Conduct training to staff and/or Planning Commission related to GHG analysis and CAP consistency determinations. d. Provide ancillary CEQA analysis and/or technical support related to GHG emissions impact assessments or other environmental resource areas, as necessary. e. Assist with updating the city's CEQA Initial Study Checklist, environmental review process guidelines, and other CEQA-related forms as needed to ensure consistency with recent changes in state laws and guidance. 9. Support city-sponsored projects in determining CAP consistency as above. Performance requirements: 1. First review of technical reports and supporting documentation shall be completed and results communicated to city within 15 calendar days of receipt. 2. Second and subsequent reviews of re-submitted reports and supporting documentation shall be completed and results communicated to city within 1 0 calendar days of receipt. 3. Consultant shall be available to city staff by telephone during normal business hours. Telephone and email messages from city staff shall be returned within one business day, as feasible. City Attorney Approved Version 4/1/15 4. At City staffs discretion, direct communication between consultant and applicants, or their representatives, is permissible in order to facilitate technical review of reports, provided that staff are promptly notified of such communications. Any such telephone and email messages from applicant shall be responded to within one business day, as feasible. 5. With each request for payment, Consultant shall include a report that identifies each project review and re-review by project name and/or project number, the number of hours performed conducting each review and re-review, and number of days in review as provided in performance requirements #1 and #2 above. BudQeted Fee: Not to exceed $35 000 Project Project Totals Principal Director Manager Analyst Hours/Rates $260/hr. $180/hr. $140/hr. $125/hr. 3 reviews per month for 6 2 6 12 72 $12,280 months (18 total) 3 re-reviews per month for 6 1 2 9 27 $5,255 months (18 total) Initial Study Checklist support or 4 21 32 40 $14,300 other analyses Other -meetings/training 2 4 10 $2,640 Total hours 9 33 63 139 Misc. and reimbursable exp. $525 (copying, mileage, etc.) Total not to exceed cost S3s,ooo Environmental Practice Labor Classification Billing Rate Environmental Principal 111 $280 Environmental Principal II $260 Environmental Principal I $205 Senim ProJect Director $245 Project Director $205 Senior Project Manager IV $190 Senior ProJect Manager Ill $185 Senior PtoJect Manage1 II $180 Senior Project Manager I $175 Project Manager Ill $170 Project Manager II $165 ProJect Manager I $160 Environmental Planner 1111 $150 City Attorney Approved Version 4/1 /15 2 Environmental Planner Ill $145 Environmental Planner II $140 Environmental Planner I $135 Environmental Analyst Ill $130 Environmental Analyst II $125 ~ ---~--~-----~ -~ ~--- Environmental Analyst I $120 Staff Analyst $105 Air Quality/ Climate Change / Noise Practice Labor Classification Billing Rate $260 (Honey Principal Scientist Walters, Amanda Olekszulin) $180 (Poo11am Senior Scientist II Bopa1ai, Erik de Kok) Senior Scientist I $175 ProJect Scientist Ill $160 Project Scientist II $150 $140 (Heidi Gen Project Scientist I Kuang, Brenda Hom) Staff Scientist Ill $135 $125 (Kai Lord- Farmer, Ricky Staff Scientist II Williams, Alyssa Way, Hannah Kornfeld) Staff Scientist I $115 Staff Analyst $105 Natural Resources Practice Labor Classification Billing Rate Principal Biologist/Ecologist $210 Senior Biologist/Ecolotist 111 $185 Senior Biologist/Ecologist II $170 Senior Biologist/Ecologist I $160 Project Biologist/Ecologist Ill $150 Project Biologist/Ecologist 11 $140 Project Biologist/Ecologist I $135 Field Biologist 11 $125 Field Biologist I $115 GIS Specialist II $130 GIS Specialist I $115 ~--------~-------" --~-------- Urban Design + Planning Practice Labor Classification Billing Rate Urban Design + Planning Principal $275 Senior Urban Designer $170 Urban Designer/Planner II $145 Urban Designer/Planner I $125 ---- Senior Planner" $200 Project Planner $140 Staff Planner $115 Project Designer $100 Project Support Labor Classification Billing Rate Controller $140 Finance Project Manager $110 Project Accountant $105 Finance/Contract Specialist $90 Technical Editor $125 Document Production Specialist II $115 Document Production Specialist I $95 Senior Graphic Designer $130 Graphic Designer $100 Direct Costs A project-support management cost of 10 percent will be applied to subcontractor costs Direct Costs Reproduction 8 ½" by 11" Reproduction: 11" by 17" Reproduction: Plotter Reproduction: CDs Rates $0.07 /page (black and white); $0 26/page (color) $0.14/page B&W; $0 52/page color $5/square foot $10/disc Automobile mileage (IRS rate in effect) Noise meter Lodging and/m Per Diem Other direct costs $0.545 $100 / half day, $150 / day, $200 / day plus overnight, $500 / week Government rates rn as 11egotiated As incu1Tecl Subcontractors As incu11ecl The proposed billing rates apply to the current calendar year. For work performed after this year has concluded, budget augmentations and contract amendments will be calculated using updated billing rates. unless precluded by contract terms. ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 3/18/2019 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 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton & Associates rA~,QN.t c_,_ 510-465-3090 \ r.e~ Nol: 510-452-2193 License# 0020739 E-MAIL P. 0. Box 12675 ADDRESS: Oakland CA 94604-2675 INSURERISI AFFORDING COVERAGE NAIC# INSURER A : Travelers Prooertv Casualtv Co of Ameri 25674 INSURED ASCENENVI INSURER s : Travelers lndemnitv Co. of Connecticut 25682 Ascent Environmental, Inc. INSURER c : Llovd's Svndicate 2623 455 Capitol Mall, Suite 300 Sacramento CA 95814-4405 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 467138889 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF ,~g~J%~, LTR '•••en ><n<n POLICY NUMBER IMM/DDIYYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6806H400124 3/15/2019 3/15/2020 EACH OCCURRENCE $2,000,000 f--□ CLAIMS-MADE 0 OCCUR l ,/ DAMAGE TO RENTED PREMISES IEa occurrence\ $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ 0PRO-□LOC PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER $ B AUTOMOBILE LIABILITY y y BA3710P295 3/15/2019 3/15/2020 fE~~~~~~llNGLE LIMIT $1000000 - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED BODIL y INJURY (Per accident) $ -AUTOS -AUTOS X X NON-OWNED ip~?~tc~d~~t~AMAGE $ -HIRED AUTOS f--AUTOS . $ A X UMBRELLA LIAS H OCCUR y y CUP3384T 427 3/15/2019 3/15/2020 EACH OCCURRENCE $1,000,000 - EXCESS LIAS CLAIMS-MADE AGGREGATE $1,000,000 DED I I RETENTION$ $ A WORKERS COMPENSATION y UB7K512607 3/15/2019 3/15/2020 XI ~-\%uTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) EL. DISEASE -EA EMPLOYEE $1,000,000 If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional Liability W123BD190801 3/15/2019 3/15/2020 2,000,000 per Claim 3,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: 16010031.01 Carlsbad -CAP Checklist and GHG Study. The City of Carlsbad, its officials, employees and volunteers are included as additional insured for General and Auto Liability. Insurance is primary and a severability of interest clause applies per policy form. A Waiver of Subrogation applies to General Liability, Automobile Liability and Workers' Compensation. CERTIFICATE HOLDER I City of Carlsbad Community and Economic Development Dept. 1635 Farada Avenue Carlsbad CA 92008-7314 ./ CANCELLATION 30 Davs Notice of Cancellation 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 V © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / POLICY NUMBER 6806H400124 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 3/18/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 6806H400124 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 3/18/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 6806H400124 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an addi- tional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that con- tract or agreement by you. CG D4 25 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 .,/ POLICY NUMBER: 6806H400124 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 3/18/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you agree in a written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ./ NON-OWNED AND HIRED AUTO POLICY NUMBER: BA3710P295 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS.AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED USE -INCREASED LIMIT C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES-INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness . 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA Tl 53 0215 @2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. wfth Its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours ls an "insured" while us- ing a covered "auto• you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI• TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or •suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other involved "insured" will make any settlement without our consent. (Iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your Investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of Insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance In any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of Insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto• will apply to glass damage if the glass is repaired rather than replaced, H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER· AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only In the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss• set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" Is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (If you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other-or- ganization ); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident• or "loss", provided that the "accident" or "loss• arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con• cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office,· Inc. with Its permission. ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) -001 POLICY NUMBER: UB7K512607 / WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization ALL PERSONS OR ORGANIZATIONS THAT REQUIRES YOU TO OBTAIN EXECUTED THE CONTRACT BEFORE DATE OF ISSUE: 3/18/2019 017106 Schedule Job Description THAT ARE PARTIE TO A CONTRACT THIS AGREEMENT, PROVIDED YOU THE LOSS. ST ASSIGN: CA AGREEMENT FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES ASCENT ENVIRONMENTAL, INC. _rtilS AGREEMENT is made and entered into as of the J~fb day of ~ r }....f\_Q , 2018, by and between the CITY OF CA LSBAD, a municipal corporation, ("City"), and ASCENT ENVIRONMENTAL, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an environmental consultant that is experienced in in reviewing technical reports and supporting documentation for consistency with Climate Action Plan (CAP) measures. B. Contractor has the necessary experience and expertise in providing professional services and advice related to plan review for project level CAP measures, adequacy of CEQA analysis and greenhouse gas emissions calculations. 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 herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The Community and Economic Development Department Director may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, 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 will not exceed thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 9/27/17 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 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 the 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 the 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 The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 City Attorney Approved Version 9/27 /17 2 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 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: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. City Attorney Approved Version 9/27/17 3 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 three (3) 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. 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. For City Name Teri Delcamp Title Principal Planner Community & Economic Department Development City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-4611 For Contractor Name Honey Walters Title Principal Address 455 Capitol Mall, Suite 300 Sacramento, CA 95826 Phone No. (916) 444-7301 Honey. walters@ascentenvironme Email ntal.com ------------- 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. City Attorney Approved Version 9/27 /17 4 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. The Contractor shall report investments or interests in all four categories. YesO No~ 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. 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. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. 20. TERMINATION In the event of the 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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 City Attorney Approved Version 9/27/17 5 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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. 22. 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 attorney's 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. 23. JURISDICTION AND VENUE 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. 24. 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. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 9/27/17 6 26. 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. ASCENT ENVIRONMENTAL, INC, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California ~-#---------"-W By~ (sign here) Debbie Fountain Honey Walters, Secretary (print name/title) Community & Economic Development Director ATTEST: \j ,tr, (>AO,. f rihi!~&n BARBARA ENGLESON /) City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 9/27/17 7 EXHIBIT "A" SCOPE OF SERVICES 1. Review applicant-prepared forms and documentation for completeness, accuracy and adequacy to determine consistency with CAP measures applicable to specific development proposals. Prepare written confirmation that submitted documentation is adequate for a finding of CAP consistency, or prepare written comments identifying deficiencies and corrections needed in order to demonstrate CAP consistency. If necessary, confirm CAP-related project features against project plans. 2. Validate GHG modeling data inputs, results, and post-processing adjustments. Assess reasonableness of assumptions and data source selections. 3. As needed, confirm expected project emissions against the "brightline" GHG threshold of 900 MTC02e to determine whether project is subject to CAP measures. 4. Confirm energy modeling calculations, reasonableness of assumptions and data source selections. 5. Review re-submittals of CAP consistency checklist forms and supporting documentation to confirm identified deficiencies and corrections have been made, or prepare written corrections as needed. 6. Evaluate infeasibility claims of specific CAP measures, and determine adequacy of proposed modified or substitute GHG-reducing project features. 7. Provide support to city staff in responding to requests for information, answering technical questions, or interpreting application to unique project circumstances. 8. As needed: a. Attend meetings with staff and/or applicants. b. Attend project public hearings, prepared to support staff in responding to GHG and/or CAP consistency-related questions. c. Conduct training to staff and/or Planning Commission related to GHG analysis and CAP consistency determinations. d. Provide ancillary CEQA analysis and/or technical support related to GHG emissions impact assessments. 9. Support city-sponsored projects in determining CAP consistency asabove. Performance requirements: 1. First review of technical reports and supporting documentation shall be completed and results communicated to city within 15 calendar days of receipt. 2. Second and subsequent reviews of re-submitted reports and supporting documentation shall be completed and results communicated to city within 1 0 calendar days of receipt. 3. Consultant shall be available to city staff by telephone during normal business hours. Telephone and email messages from city staff shall be returned within one business day, as feasible. 4. At City staff's discretion, direct communication between consultant and applicants, or their representatives, is permissible in order to facilitate technical review of reports, provided that staff are promptly notified of such communications. Any such telephone and email messages from applicant shall be responded to within one business day, as feasible. City Attorney Approved Version 9/27/17 8 5. With each request for payment, Consultant shall include a report that identifies each project review and re-review by project name and/or project number, the number of hours performed conducting each review and re-review, and number of days in review as provided in performance requirements #1 and #2 above. Budgeted Fee: Not to exceed $35,000 Principal Hours/Rates $215/hr. 5 reviews per month for 6 months {30 total) 15 5 re-reviews per month for 6 months {30 total) 8 Other -meetings/training 5 Total hours 28 Misc. and reimbursable exp. (copying, mileage, etc.) Total not to exceed cost 2018 Billing Rates by Labor Classification (effective until March 1, 2019) Project Totals Manager Analyst $165/hr. $125/hr. 22 120 $21,855 15 45 $9,820 10 $2,725 47 165 $600 ~351000 The proposed billing rates apply to the current calendar year. For work performed after this year has concluded, budget augmentations and contract amendments will be calculated using updated billing rates. unless precluded by contract terms. Environmental Practice Labor Classification Billing Rate Environmental Principal II $260 Environmental Principal I $235 Senior Project Director $225 Project Director $215 Senior Project Manager IV $195 Senior Project Manager Ill $190 Senior Project Manager II $180 Senior Project Manager I $175 Project Manager Ill $170 Project Manager II $165 ProJect Manager I $160 Environmental Planner Ill $150 Environmental Planner II $145 Environmental Planner I $140 Environmental Analyst Ill $135 City Attorney Approved Version 9/27 /17 9 Environmental Analyst II $125 Environmental Analyst I $115 Staff Analyst $90 Air Quality/ Climate Change I Noise Practice Labor Classification Billing Rate Principal Scientist $235 -- Senior Scientist II $180 Senior Scientist I $170 -~------------------------~- Project Scientist Ill $155 -------------· Project Scientist II $145 Project Scientist I $135 Staff Scientist Ill $130 Staff Scientist 11 $125 Staff Scientist I $115 Staff Analyst $90 Natural Resources Practice Labor Classification Billing Rate Principal Biologist/Ecologist $200 Senior Biologist/Ecologist II $185 Senior Biologist/Ecologist I $160 Project Biologist/Ecologist Ill $150 ProJect Biologist/Ecologist 11 $140 Project Biologist/Ecologist I $130 Field Biologist II $115 Field Biologist I $105 GIS Specialist II $125 GIS Specialist I $115 -------------- Urban Design + Planning Practice Labor Classification Billing Rate Urban Design + Planning Director $260 Senior Urban Designer $155 Urban Designer/Planner II $145 Urban Designer/Planner I $125 Senior Planner $165 Project Planner $135 Staff Planner $115 Project Designer $95 City Attorney Approved Version 9/27/17 10 Project Support Labor Classification Billing Rate Controller $130 Finance Project Manager $110 Project Accountant $105 Finance/Contract Specialist $90 Technical Editor $125 Document Production Specialist II $115 Document Production Specialist I $95 Senior Graphic Designer $130 Graphic Designer $95 Direct Costs A project-support management cost of 10 percent will be applied to subcontractor costs. Direct Costs Rates Reproduction: 8 ½" by 11" $0.07/page (black and white); $0.26/page (color) Reproduction: 11" by 17" $0.14/page B&W; $0.52/page color Reproduction Plotter $5/square foot Reproduction: CDs $10/disc Automobile mileage (IRS rate in effect) $0.545 Noise meter $100 / half day. $150 I day, $200 I day plus overnight, $500 / week Lodging and/or Per Diem Government rates or as negotiated Other direct costs As incurred Subcontractors As incurred City Attorney Approved Version 9/27/17 11 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 3/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton & Associates rA~~N.t CvH• 510-465-3090 I FAX License # 0020739 IA/C Nol: 510-452-2193 P. 0. Box 12675 E-MAIL ADDRESS: Oakland CA 94604-2675 INSURERISl AFFORDING COVERAGE NAIC# INSURER A : Travelers Prooertv Casualtv Co of Ameri 25674 INSURED ASCENENVI INSURER B: Travelers lndemnitv Co. of Connecticut 25682 Ascent Environmental, Inc. INSURER c : Uovd's Syndicate 2623 455 Capitol Mall, Suite 300 Sacramento CA 95814-4405 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 774084738 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF ,~~rJ%~1 LTR ,.,en "",n POLICY NUMBER IMM/DDNYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6806H400124 3/15/2018 3/15/2019 EACH OCCURRENCE $2,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $2,000,000 - GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 Fl 0PRO-D LOG PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER $ B AUTOMOBILE LIABILITY y y BA3710P295 3/15/2018 3/15/2019 COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) -ANY AUTO BODIL y INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ f---------AUTOS f---------AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ f---------f--------- $ A X UMBRELLA LIAB M OCCUR y y CUP3384T427 3/15/2018 3/15/2019 EACH OCCURRENCE $1,000,000 -EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 V OED I I RETENTION$ $ A WORKERS COMPENSATION y UB7K512607 3/15/2018 3/15/2019 X I ~'ffTuTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 II yes, describe under E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below $1,000,000 C Professional Liab1hty W123B0180701 3/15/2018 3/15/2019 2,000,000 per Claim 3,000,000 Anni. Aggr. ./ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability Policy excludes claims arising out of the performance of professional services. Re: 16010031.01 Carlsbad -CAP Checklist and GHG Study. The City of Carlsbad, its officials, employees and volunteers are included as additional insured for General and Auto Liability. Insurance is primary and a severability of interest clause applies per policy form. A Waiver of Subrogation applies to General Liability, Automobile Liability and Workers' Compensation. CERTIFICATE HOLDER av ay or on ayo CANCELLATION 30 D NOC/10 D f N P fP rem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Community and Economic Development Dept. 1635 Farada Avenue AUTHORIZED REPRESENTATIVE Carlsbad CA 92008-7314 ,{J.--t.t!,. ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy# 6806H400124 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requ1nng insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: BA371 0P295 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Ascent Environmental, Inc. Endorsement Effective Date: 3/15/2018 SCHEDULE Name Of Person(s) Or Organization(s): The City of Carlsbad, its officials, employees and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy# BA3710P295 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of Rights Of Recovery Against Others To Us, of the CONDITIONS Section: 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. CA T3 40 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.