Loading...
HomeMy WebLinkAboutClark Land Resources Inc; 2018-11-28; PSA19-574CAPSA19-574CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 47281 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Clark Land Resources, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018 (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Easement Appraisal for Hosp Grove in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the proposal dated September 3, 2019, (“proposal”), attached as Appendix "A" for the Hosp Grove Easement Appraisal, (the “Project"). The Project services shall include Easement Appraisal for Hosp Grove Sewer Connection to Gravity Main. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within twenty-five (25) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $,7500. DocuSign Envelope ID: D6E1B4E6-B344-4C93-8DF6-4E3948F2387A October 15, 2019 PSA19-574CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT EASEMENT APPRAISAL FOR HOSP GROVE TASK GROUP TIME & MATERIALS Easement Appraisal $7,500 TOTAL (Not-to-Exceed) $7,500 CONTRACTOR Clark Land Resources, Inc. Clark Land Resources, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Linda L. Clark, President Susan M. Cope, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Vicki V. Quiram, Utilities Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: D6E1B4E6-B344-4C93-8DF6-4E3948F2387A October 15, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: D6E1B4E6-B344-4C93-8DF6-4E3948F2387A Corporate Office 4167 Avenida De La Plata, Suite 108, Oceanside, Ca 92056 P: (760) 758-1562 | F: (760) 560-1662 | E: info@clarklandresources.com www.clarklandresources.com Sue Cope, SR/WA Senior Manager/Project Director 4167 Avenida De La Plata, Ste. 108 Oceanside, CA 92056 linda.clark@clarklandresources.com P: (760) 468-3464 F: (760) 560-1662 September 3, 2019 Ms. Adelina Sanchez, P.E. Associate Engineer Public Works – Utilities Division 5950 El Camino Real, Carlsbad, CA 92008 Reference: Proposal to appraise the underlying land and an easement interest in an improved commercial property located at 1810 Marron Road, within the North County Plaza Shopping Center. APN: 156-301-16-00 Good afternoon Ms. Sanchez, As we discussed, the City of Carlsbad requires an appraisal of a portion of land for easement acquisition for underground utility purposes. The project will widen an existing 15’ wide utility easement an additional 15’ to the north. The acquisition area is a private driveway entrance to the shopping center, improved with asphalt paving, concrete curbing, and landscaping. The property is zoned “C2” (General Commercial) and designated “R” (Regional Commercial) by the City of Carlsbad. The parcel is approximately 19.51 acres and is owned by Kimco Realty. Following is a summary of the anticipated scope of the assignment and compensation for appraisal services. Scope of the Assignment The property will be appraised in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP), published by the Appraisal Foundation, and the Code of Professional Ethics and Standards of Professional Appraisal Practice, published by the Appraisal Institute, and California Code of Civil Procedure. The appraisal process will include: (1) an inspection of the subject property; (2) land use and zoning research to aid in determining the property’s highest and best use; (3) detailed research of comparable market data; (4) valuation of the underlying land using the sales comparison approach; (5) valuation of the portion sought by the city (utility easement); (6) consideration of damages and benefits to the remainder; (7) reconciliation of value opinion. After completing the appraisal process, our findings will be reported in detailed narrative appraisal report. The appraisal process and reporting will follow Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice and consistent with eminent domain law. Compensation for Appraisal Services Based on the time required to appropriately complete the valuation process consistent with the USPAP and California Civil Code and report our findings in a detailed narrative appraisal report, our not-to-exceed fee estimate for the assignment will be $7,500. APPENDIX ADocuSign Envelope ID: D6E1B4E6-B344-4C93-8DF6-4E3948F2387A Adelina Sanchez, P.E. Sept. 3, 2019 Page 2 Thank you for considering us for this appraisal assignment. Should you have any questions, please feel free to contact me. Respectfully submitted, Sue Cope, SR/WA Mark J. Hendrickson, MAI Senior Manager/Project Director Project Manager DocuSign Envelope ID: D6E1B4E6-B344-4C93-8DF6-4E3948F2387A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/4/2019 Compass Direct Insurance Services, Inc. 13681 Newport Ave., Ste 8 #622 Tustin, CA 92780 714-665-9800 714-665-9801 www.cdisi.com License #0H16100 Jeremy Seltzer Jeremy Seltzer jeremy@cdisi.com Clark Land Resources, Inc. 2943 Harris Drive Vista CA 92084 50950597 3 3 33 3 3 3 endorsements with respects to the operations of the names insured as per contract. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 - ECM #35050 New York NY 10163-4668 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services are named as additional insured as per the attached 30 days notice of cancellation. A 1,000,000MPL1356400.19 7/3/2019 7/3/2020 50,000 3 5,000 3 1,000,000 3 Deductible $5,000 3,000,000 1,000,0003 C CLAU093313 1/15/2019 1/15/2020 1,000,000 3 3 3 D 82670I180ALI 9/12/2019 9/12/2020 1,000,00033 1,000,000EENN6007239/14/2019 9/14/2020 B 72 WBC AD0YGU 7/3/2019 7/3/2020 3 1,000,000Y 1,000,000 1,000,000 A Professional Liability MPL1356400.19 7/3/2019 7/3/2020 1,000,000 Each Occ / 5,000,000 Gen Ag Deductible $10,000 Hiscox Insurance Company 10200 The Hartford 10448 AmGUARD Insurance Company 42390 StarStone Specialty Insurance Company 44776 AXIS Surplus Insurance Company 26620 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 1 of 10 General Liability Coverage Part (Occurrence) III. Who is an insured In addition to the named insured, other persons or organizations may qualify as insureds, as stated below. For purposes of this Section III only, you means the named insured. A. Sole proprietorships If you are an individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. However, if you die: 1. persons or organizations having proper temporary custody of your property are insureds, but only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and 2. your legal representative is an insured, but only with respect to his or her duties as your legal representatives. As such, they will assume your legal rights and duties under this Coverage Part. B. Partnerships or joint ventures If you are a duly organized partnership (including a limited liability partnership) or a joint venture, your members, partners, and their spouses are insureds, but only with respect to the conduct of your business. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) Clark Land Resources, Inc. MPL1356400.19 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 2 of 10 General Liability Coverage Part (Occurrence) C. Limited liability companies If you are a duly organized limited liability company, your members and their spouses are insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers. D. Other organizations If you are an organization (including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also insureds, but only with respect to their liability as your stockholders. E. Trusts If you are a trust, your trustees are insureds, but only with respect to their duties as your trustees. F. Employees Your employees are insureds, but only while in the course and scope of their employment by you or while performing duties related to the conduct of your business. G. Volunteer workers Your volunteer workers are insureds, but only while in the course and scope of their activities related to the conduct of your business performed on your behalf or at your direction. H. Real estate managers Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers. I. Amateur athletic participants Any person representing you while participating in an amateur athletic activity you sponsor is an insured. However, no such person is an insured for: 1. bodily injury to: a. a co-participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor; or b. you or any of your partners, members, or officers; or 2. property damage to property owned, occupied, or used by; rented to; or in the care, custody, or control of: a. a co-participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or b. you or any of your partners, members, or officers. J. Newly acquired or formed organizations If there is no other similar insurance available, any organization you acquire or form during the policy period, and in which you have majority ownership or interest at the time of an occurrence or offense covered by this Coverage Part, will qualify as an insured. This coverage is effective on the date of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever is earlier. There is no coverage for the acquired or formed organization for: 1. bodily injury or property damage that occurred; or 2. personal or advertising injury arising out of an offense that was committed, before you acquired or formed the organization. The acquired or formed organization is an insured only with respect to the conduct of your business. K. Additional insureds If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 3 of 10 General Liability Coverage Part (Occurrence) A person or organization’s status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: a. your acts or omissions or of those acting on your behalf; and b. the performance of your ongoing operations for the additional insured. However, there is no coverage for such additional insureds for: a. bodily injury, property damage, or personal and advertising injury arising out of the rendering of or failure to render any professional architectural, engineering, or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, drawings, or specifications; or (2) supervisory, inspection, architectural, or engineering activities; or b. bodily injury or property damage occurring after: (1) all work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured at the location of the covered operations has been completed; or (2) that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. A person or organization’s status as an additional insured under this subsection 2 ends when your operations for that additional insured are completed. 3. Any person or organization who sells or distributes your products (referred to in this subsection as “vendor”), but only with respect to bodily injury or property damage arising out of your products sold or distributed in the regular course of such vendor’s business. However, there is no coverage for such additional insureds for: a. bodily injury or property damage for which the vendor is legally obligated to pay damages because of liability assumed in a contract or agreement; however, this exclusion will not apply to liability the vendor would have in the absence of such contract or agreement; b. any express warranty unauthorized by you; c. any physical or chemical change in the product made intentionally by the vendor; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; f. demonstration, installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part, or ingredient of any other thing by or for the vendor; h. bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf; however, this exclusion will not apply to: Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 4 of 10 General Liability Coverage Part (Occurrence) (1) repackaging when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (2) demonstration, installation, servicing, or repair operations performed at the vendor's premises in connection with the sale of the product; or (3) inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product. This insurance does not apply to any person or organization from whom you have acquired: a. products; b. any ingredient or part of any product; or c. any container containing any products. 4. Any person or organization from whom you lease any equipment, but only with respect to liability arising out of your maintenance, operation, or use of such equipment. A person or organization’s status as an additional insured under this subsection 4 ends when the equipment lease expires, and this insurance will not apply to any occurrence or offense which takes place after such expiration. 5. Any other person or organization not included in 1 through 4 above, provided the contract or agreement: a. is currently in effect or becomes effective during the policy period; and b. was executed before the bodily injury or property damage occurred or the offense out of which the personal and advertising injury arises was committed. Coverage is available for additional insureds solely for their liability arising out of your negligence or of those acting on your behalf and not for any liability arising out of the sole negligence of the additional insured. Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured will be primary and non-contributory, and any other insurance available to the additional insured for the same claim or occurrence will be specifically excess of the coverage part limit. Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, we agree to waive any right of recovery we may have against any additional insured because of payments we make for injury or damage arising out of: 1. the ownership, maintenance, or use of that part of any premises leased to you; 2. your ongoing operations; or 3. your work done under a contract with the additional insured and included in the products-completed operations hazard. The limits of liability applicable to any additional insured are either the amounts specified in the contract or agreement requiring them to be added as an additional insured, or the limits identified in the Declarations, whichever is less, and such amounts will be a part of, and not in addition to, the coverage part limit. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10/14) 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 5 of 10 Clark Land Resources, Inc. City of Carlsbad/CMWD 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 6 of 10 Endorsement 7 APPLICANT NAME E6046.1 Waiver of Subrogation Endorsement (Specific Entity) In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Terms and Conditions are amended as follows: In Section V. Other provisions affecting coverage, I. Subrogation, is deleted in its entirety and replaced with the following: I. Subrogation WCL E6046 CW (05/13) In the event of any payment by us under this policy, we will be subrogated to all of your rights of recovery to that payment. You will do everything necessary to secure and preserve our subrogation rights, including but not limited to the execution of any documents necessary to allow us to bring suit in your name. You will do nothing to prejudice our subrogation rights without our prior written consent. Any recovery first will be paid to you up to the amount of any retention you have paid, and then to us up to the amount of any covered amounts we have paid. However, with respect to any payment we make under the Professional Liability Coverage Part Coverage Part for any claim arising from your professional services performed, we agree to waive any right of recovery we may have against Page 1 of 1 HPSENSLRQT42 Clark Land Resources, Inc. City of Carlsbad/CMWD 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 7 of 10 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1  DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Clark Land Resources, Inc. CLAU093313 1/15/2019 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 8 of 10 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1  WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. Clark Land Resources, Inc. CLAU093313 1/15/2019 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 9 of 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:04/12/19 Policy Expiration Date:07/03/20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:WC 04 03 06 Policy Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:CLARK LAND RESOURCES, INC. 2943 HARRIS DR VISTA CA 92084 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us 72 WBC AD0YGU 07/03/2019 50950597 | 18/19 GL AU UMB WC | Jeremy Seltzer | 9/4/2019 10:28:38 AM (MDT) | Page 10 of 10 PSA 19-57 4CA MASTER AGREEMENT FOR REAL PROPERTY SERVICES CLARK LAND RESOURCES, INC. ~ 0-l-h _, _v\/1 tJ__ \'\... I\. THIS AGREEMENT is made and entered into as of the '-ct~ · J "D ~ ~~ , 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and Clark Land Resources, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in real property services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to real property services. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. scopE OF WORK The 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA 19-57 4CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed four hundred thousand dollars ($400,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. ST A TUS 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 the City. Contractor will be under control of the City only as to the result to be accomplished, but will consult with the City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the 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. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The 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 the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the 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, the 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 the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the 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 the 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 the City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. lNDEMNlflCATlON 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. City Attorney Approved Version 6/12/18 2 PSA 19-57 4CA The parties expressly agree that any payment, attorney's fee, costs or expense the 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. 1 o. 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 "AX"; 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 the 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. The 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 (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the 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 the 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. City Attorney Approved Version 6/12/18 3 PSA 19-57 4CA 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 the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the 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 the City to obtain or maintain insurance and the 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. The 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 the 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 the 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 the 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 the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA 19-57 4CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor under this Agreement. For City Name Eleida Felix Yackel Title Senior ContractAdministrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Sue Cope Title Project Manager 4167 Avenida De La Plata Address Suite 108 Oceanside, CA 92056 Phone No. 760-758-1562 Email sue.cope@clarklandresources.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. 16. CONFUCT 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 categories. Yes~ No D 17. GENERAL COMPLIANCE WIJH 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 the 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 City Attorney Approved Version 6/12/18 5 PSA 19-57 4CA 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 all available legal and equitable remedies available to them or from seeking review of the directed solution in a court of competent jurisdiction. If the City Manager fails to timely direct a binding solution, then either party may seek all available legal and equitable remedies in a court of competent jurisdiction. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the 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 the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the 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 the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. The 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, the 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 the City must be asserted as part of the Agreement process as set forth in Section 19 of Agreement and not in anticipation of litigation or in conjunction with litigation. However, if the City Manager fails to direct a solution to the Agreement claim pursuant to the dispute resolution procedure set forth in Section 19, Contractor may pursue any available legal remedies in a court of competent jurisdiction. Contractor acknowledges that if a false claim is submitted to the 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. City Attorney Approved Version 6/12/18 6 PSA 19-57 4CA 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 the 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 the 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 the 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 the 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. 26. pusuc AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating pub! ic agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-575CA 27. 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_1_1_th ____ day of October , 2018. CONTRACTOR Clark Land Resources, Inc., a California corporation By: . ~~ x,~J. (sign here) Linda L. Clark/President-Gen Mgr (print name/title) B~---:,7 -~.~ ?~/It {s(gnt,er Susan M. Cope/Secretary (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By~~nt ATTEST: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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, General Counsel 8 General Counsel Approved Version 6/12/18 A notary public or other officer completing this certificate verifies only the identity of the individual \Vl10 signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STA TE OF CALIFORNIA COUNTY OF ,::x:,.n l)~() On \()/z_-z_J l?i 'before me '6· b½~fiG ::Public No¼~ personally appeared U 00(),_ EA , Qla.v\l.,, b R Y£5\c\_q•~~d: -qlli rvigir, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ), and that by his/her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i 'slltary Seal) rland duta lra/nrmv di,·1rih Fin! /11l('11c/nwnt to (,'ranr o/ f:'ascmen! 5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA couNTY oF _&~~n~])___,,__lf~~......._..- on ID I i,-z.,/ 2015 , before me lb , ~i,fi_t:' iJ?,ut>[j C; };)D-\-Q,_\j personally appeared ~O-~Ll"'-'<',:;>__...Q ...... .Y)-t--~m~•------.C_.l:) __ "9€ ___ --+-1 -~~c......=..,\fC~*'------'-'-Yj---+------ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ), and that by his/her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (Notary Seal) Fland dara lra/orn11· di,rrih Finr l111t'11dme111 ro (;ran/ o/ f:a1t>111e,11 5 EXHIBIT "A" SCOPE Of SERVICES Perform a variety of real property services related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Property Appraisals B. Property Acquisition Assistance PSA 19-57 4CA Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 Master Services Agreement Cost Proposal for Real Property Services The following.rates include both Clark Land and our subconsultant rates along with the other direct costs (ODC's) for mileage, copies, etc. PSA19-574CA City of Carlsbad -Master Services Agreement Cost Proposal I Real Property Services These rates will be valid for the duration of the contract-three years from time of award, if awarded this year, 2018. · . · . Clark land Resources, Master Agreernent Rate Schedule . . Staff Sue Cope, SR/WA Fred Clark, SR/WA Ted Hendrickson, MAI Mike Flanagan, SR/WA, R/W-NAC Mark Hendrickson, MAI Elsie Esquivel Tom Petrosky, SR/WA Mike Harris, R/W-NAC Bethanee Lussier, SR/WA; Greg Hill, RWA; Donna Fritts Christi Keller Debra Halpin Jeff Davis, RWA; Kathy Cabanilla Jenny Martinez, RWA Sandra Robinson, RWA Cynthia Stutz, Corbin White, Brenda Gomez, Alexandria Clark-Quinones Title/Classification Principal in Charge QA/QC QA/QC Appraisals Project Manager Lead Sr. Appraiser Real Estate Broker Sr./Lead Acquisition Agent Sr. Relocation Agent Sr. Right of Way Agents Sr. Permitting Specialist Contract Administration Right of Way Agent Title Supervisor Title Researcher Right of Way Assistants · · Crockett & Associates (Subconsultant}, Master Agreement Rate Schedule Staff Rich Crockett Title/Classification Goodwill/FF&E Appraiser Hourly Rate $195.00 $190.00 $190.00 $180.00 $180.00 $175.00 $175.00 $170.00 $170.00 $150.00 $150.00 $135.00 $100.00 $90.00 $85.00 Hourly Rate $125.00 Cost Proposal I Clark Land Resources, Inc. (WBE/SBE) 10 PSA19-574CA City of Carlsbad -Master Services Agreement Cost Proposal I Real Property Services . Clark Land Team Expense Cost for Master Agreement Description Cost % Mark Up Total Per Unit Cost IRS Allowable Rate-currently .545 cents per .60 at current IRS Allowable Mileage mile 10% Rate Copies .14 center per copy 10% .15 cents Title Reports $750.00 6.67% $800.00 Note.-No condemnation or expert witness costs are included with this proposal_ Cost Proposal I Clark Land Resources, Inc. (WBE/5B E) 11 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 10/12/2018 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Compass Direct Insurance Services, Inc. CONTACT Jeremy Seltzer NAME: 13681 NewBort Ave., Ste 8 #622 PHONE 714-665-9800 I FAX 714-665-9801 Tustin, CA 2780 ,,,,.. a..1 ... c.,t-\, IA/C Nol: E-MAIL ieremv@cdisi.com ADDRESS: INSURER{S) AFFORDING COVERAGE NAIC# www.cdisi.com License #OH16100 INSURER A: Hiscox Insurance Companv 10200 INSURED INSURERS: Foremost Siqnature Insurance ComoanY 41513 Clark Land Resources, Inc. INSURERC: Wesco Insurance Company 25011 2943 Harris Drive Vista CA 92084 INSURERD: StarStone Specialty Insurance Company 44776 INSURERE: AXIS Surolus Insurance Company 26620 INSURERF: COVERAGES CERTIFICATE NUMBER· 44880553 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •••~n un,n POLICY NUMBER IMM/DD/YYYV\ IMM/DD/YYYY\ LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ MPL 1356400.18 7/3/2018 7/3/2019 EACH OCCURRENCE $1000000 -~ CLAIMS-MADE CL] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $50 000 _{_ Deductible $5,000 MED EXP {Any one person) $5,000 PERSONAL & ADV INJURY $1,000 000 f----- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 =2l •PRO-•LOG PRODUCTS -COMP/OP AGG $1 000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY WPP1406677 02 1/15/2018 1/15/2019 COMBINED SINGLE LIMIT $2,000,000 ✓ ✓ {Ea accident) ./ -XL00201172-01 10/12/2018 10/12/2019 _{_ ANY AUTO BODILY INJURY (Per person) $ OWNED -SCHEDULED BODILY INJURY {Per accident) $ f-----AUTOS ONLY f-----AUTOS _{_ HIRED ~ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ $ D _{_ UMBRELLA LIAB H OCCUR ✓ ✓ 82670I180ALI 9/12/2018 9/12/2019 EACH OCCURRENCE $1 000 000 E EXCESS LIAB CLAIMS-MADE ENN600723 9/14/2018 9/14/2019 AGGREGATE $1 000 000 OED I I RETENTION $ $ B WORKERS COMPENSATION ✓ WC 08104053 05 7/3/2018 7/3/2019 I PER I I OTH-✓ STATUTE ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIYE [TI NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? {Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 nnn nnn If yes, describe under E.L. DISEASE -POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS below A Professional Liability MPL 1356400.18 7/3/2018 7/3/2019 1,000,000 Each 0cc / 5,000,000 Gen Ag / Deductible $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services are named as additional insured as per the attached endorsements with respects to the operations of the names insured as per contract. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE ~~ I Jeremy Seltzer © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 44880553 I 18/19 GLAU UMB WC I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 1 of 8 ~·I" HISCOX PRO™ Endorsement 11 APPLICANT NAME: Clark Land Resources, Inc. E6149.4 Additional Insured Endorsement In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the Professional Liability Coverage Part is/are amended as follows: I. The following definition is added to the end of Section Ill. Who is an insured: Additional insured means the person or organization listed below: City of Carlsbad/CMWD Coverage is available for additional insureds solely for their liability arising out of the named insured's negligence or of those acting on the named insured's behalf and not for any liability arising out of the sole negligence of the additional insured. II. In the preamble of Section Ill. Who is an insured, the words "additional insured," are added after "named insured,". Ill. In Section VII. Definitions, the definition of "You, your, or insured" is amended to add the words "additional insured," after "named insured,". WCL E6149 CW (09/14) 44880553 I 18/19 GLAU UMB WC I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 2 of 8 Page 1 of 1 HPSENSLRQTL12 MPL 1356400.18 Clark Land Resources, Inc. ~'tt HISCOX PROT"' General Liability Coverage Part (Occurrence) Ill. Who is an insured A. Sole proprietorships B. Partnerships or joint ventures In addition to the named insured, other persons or organizations may qualify as insureds, as stated below. For purposes of this Section Ill only, you means the named insured. If you are an individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. However, if you die: 1. persons or organizations having proper temporary custody of your property are insureds, but only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and 2. your legal representative is an insured, but only with respect to his or her duties as your legal representatives. As such, they will assume your legal rights and duties under this Coverage Part. If you are a duly organized partnership (including a limited liability partnership) or a joint venture, your members, partners, and their spouses are insureds, but only with respect to the conduct of your business. Includes copyrighted material of Insurance Services Offices, Inc., with its permission 4488055lWIC~f;qgotLC)(-6(J~14t I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 3 of 8 ~,,. HISCOX PRQ1 " General Liability Coverage Part (Occurrence) C. Limited liability companies D. Other organizations E. F. G. H. I. J. Trusts Employees Volunteer workers Real estate managers Amateur athletic participants Newly acquired or formed organizations K. Additional insureds If you are a duly organized limited liability company, your members and their spouses are insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers. If you are an organization (including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also insureds, but only with respect to their liability as your stockholders. If you are a trust, your trustees are insureds, but only with respect to their duties as your trustees. Your employees are insureds, but only while in the course and scope of their employment by you or while performing duties related to the conduct of your business. Your volunteer workers are insureds, but only while in the course and scope of their activities related to the conduct of your business performed on your behalf or at your direction. Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers. Any person representing you while participating in an amateur athletic activity you sponsor is an insured. However, no such person is an insured for: 1. bodily injury to: a. a co-participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor; or b. you or any of your partners, members, or officers; or 2. property damage to property owned, occupied, or used by; rented to; or in the care, custody, or control of: a. a co-participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or b. you or any of your partners, members, or officers. If there is no other similar insurance available, any organization you acquire or form during the policy period, and in which you have majority ownership or interest at the time of an occurrence or offense covered by this Coverage Part, will qualify as an insured. This coverage is effective on the date of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever is earlier. There is no coverage for the acquired or formed organization for: 1. bodily injury or property damage that occurred; or 2. personal or advertising injury arising out of an offense that was committed, before you acquired or formed the organization. The acquired or formed organization is an insured only with respect to the conduct of your business. If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured. Includes copyrighted material of Insurance Services Offices, Inc., with its permission 4488055lWIC~f;qgotLC)/'6(J/,M1~t I Nina Lautenschlager I 10/12/2018 1,46,14 PM (PDT) I Page 4 of 8 ~'rt HISCOX PROT" General Liability Coverage Part (Occurrence) A person or organization's status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: a. your acts or omissions or of those acting on your behalf; and b. the performance of your ongoing operations for the additional insured. However, there is no coverage for such additional insureds for: a. bodily injury, property damage, or personal and advertising injury arising out of the rendering of or failure to render any professional architectural, engineering, or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, drawings, or specifications; or (2) supervisory, inspection, architectural, or engineering activities; or b. bodily injury or property damage occurring after: (1) all work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured at the location of the covered operations has been completed; or (2) that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. A person or organization's status as an additional insured under this subsection 2 ends when your operations for that additional insured are completed. 3. Any person or organization who sells or distributes your products (referred to in this subsection as "vendor"), but only with respect to bodily injury or property damage arising out of your products sold or distributed in the regular course of such vendor's business. However, there is no coverage for such additional insureds for: a. bodily injury or property damage for which the vendor is legally obligated to pay damages because of liability assumed in a contract or agreement; however, this exclusion will not apply to liability the vendor would have in the absence of such contract or agreement; b. any express warranty unauthorized by you; c. any physical or chemical change in the product made intentionally by the vendor; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; f. demonstration, installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part, or ingredient of any other thing by or for the vendor; h. bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf; however, this exclusion will not apply to: Includes copyrighted material of Insurance Services Offices, Inc., with its permission 44880553WIC~f;qgo6LClf1\(JR/i1~/: I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 5 of 8 ~'"' HISCOX PROT" General Liability Coverage Part (Occurrence) (1) repackaging when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (2) demonstration, installation, servicing, or repair operations performed at the vendor's premises in connection with the sale of the product; or (3) inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product. This insurance does not apply to any person or organization from whom you have acquired: a. products; b. any ingredient or part of any product; or c. any container containing any products. 4. Any person or organization from whom you lease any equipment, but only with respect to liability arising out of your maintenance, operation, or use of such equipment. A person or organization's status as an additional insured under this subsection 4 ends when the equipment lease expires, and this insurance will not apply to any occurrence or offense which takes place after such expiration. 5. Any other person or organization not included in 1 through 4 above, provided the contract or agreement: a. is currently in effect or becomes effective during the policy period; and b. was executed before the bodily injury or property damage occurred or the offense out of which the personal and advertising injury arises was committed. Coverage is available for additional insureds solely for their liability arising out of your negligence or of those acting on your behalf and not for any liability arising out of the sole negligence of the additional insured. Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured will be primary and non-contributory, and any other insurance available to the additional insured for the same claim or occurrence will be specifically excess of the coverage part limit. Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, we agree to waive any right of recovery we may have against any additional insured because of payments we make for injury or damage arising out of: 1. the ownership, maintenance, or use of that part of any premises leased to you; 2. your ongoing operations; or 3. your work done under a contract with the additional insured and included in the products- completed operations hazard. The limits of liability applicable to any additional insured are either the amounts specified in the contract or agreement requiring them to be added as an additional insured, or the limits identified in the Declarations, whichever is less, and such amounts will be a part of, and not in addition to, the coverage part limit. Includes copyrighted material of Insurance Services Offices, Inc., with its permission 4488055lWIC~,F;qgo;;hc)(tl(JRi\1i1: I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 6 of 8 ~·l'I HISCOX PRO™ Endorsement 7 APPLICANT NAME Clark Land Resources, Inc. E6046.1 Waiver of Subrogation Endorsement (Specific Entity) In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Terms and Conditions are amended as follows: In Section V. Other provisions affecting coverage, I. Subrogation, is deleted in its entirety and replaced with the following: I. Subrogation In the event of any payment by us under this policy, we will be subrogated to all of your rights of recovery to that payment. WCL E6046 CW (05/13) You will do everything necessary to secure and preserve our subrogation rights, including but not limited to the execution of any documents necessary to allow us to bring suit in your name. You will do nothing to prejudice our subrogation rights without our prior written consent. Any recovery first will be paid to you up to the amount of any retention you have paid, and then to us up to the amount of any covered amounts we have paid. However, with respect to any payment we make under the Professional Liability Coverage Part Coverage Part for any claim arising from your professional services performed for San Diego Gas & Electric, we agree to waive any right of recovery we may have against San Diego Gas & Electric. Page 1 of 1 HPSENSLRQT42 44880553 I 18/19 GLAU UMB WC I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 7 of 8 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/3/2018 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC 08104053 05 Endorsement No. of the FOREMOST SIGNATURE INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to Clark Land Resources, Inc. Premium (if any) $ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Carlsbad/CMWD WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description 448805:13 I 18/19 GLAU UMB WC I Nina Lautenschlager I 10/12/2018 1:46:14 PM (PDT) I Page 8 of 8