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HomeMy WebLinkAboutDHK Engineers Inc; 2018-09-14; PSA19-505UTILPSA19-505UTIL AGREEMENT FOR APCD PERMITTING SUPPORT SERVICES DHK ENGINEERS, INC. THIS AGREEMENT is made and entered into as of the (~-th, day of ~-@...\GM bet' , 2018, by and between the CITY OF CARLSBAD, a municipal corporation,(''City"), and DHK ENGINEERS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in air pollution oontrol district permitting support services. B. Contractor has the necessary experience in providing professional services and advice related to aped permitting support. 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 City Manager may amend the Agreement to extend it for one (1) 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 be thirty thousand eight hundred seventy dollars ($30,870). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 PSA19-505UTIL 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 elll)loy 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 6/12/18 2 PSA19-505UTIL maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of 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 David Hull Title Associate Engineer Department Public Works City of Carlsbad Address 5950 El Camino Real Carlsbad, CA 92008 Phone No. 760-603-7322 For Contractor Name Donald King Title Project Manager Address 1851 Skyhill Place Escondido, CA 92026 Phone No. 760-747-9553 Email dhkeng1@sbcglobal.net 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 6/12/18 4 PSA19-505UTIL 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 categories. Yes~ No D 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 6/12/18 5 PSA 19-505UTIL 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 6/12/18 6 PSA19-505UTIL 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. CONTRACTOR DHK ENGINEERS, INC., a California ~\l~ CITY OF CARLSBAD, a municipal corporation of the State of California Terry S , Interim Utilities ;rector as authorized by the City Manager 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 BY:_~'---"---~-- Deputy City Attorney City Attorney Approved Version 6/12/18 7 July 23, 2018 David Hull, P.E. Assistant Engineer City of Carlsbad Public Works Division 5950 El Camino Real Carlsbad, CA 92008-8802 Exhibit "A" RE: City of Carlsbad-Air Pollution Control District-Permitting Agua Hedionda Lift Station, Homeplant Station, Poinsettia Lift Station and Bressi Ranch Sewer Corrosion and Odor Issues Dear Mr. Hull: In response to your request and follow-up to our July 20th meeting, DHK Engineers (DHK) is please to provide a SCOPE OF WORK for the APCD Air Permits (three facilities) and support on the Bressi Ranch Corrosion/Odor/pH Issue. Based upon the interaction with APCD regarding Lift Station permitting, development of site specific emission factors is encouraged since the APCD default factors are extremely conservative. We appreciate the opportunity to assist your efforts and we look forward to working with you and your staff on this project. Very truly yours, DHK Engineers, Inc. Donald H. King, P.E. Project Manger DHK;sky~ Attachment: Scope and estimated fees DHK Engineers, Inc. 1851 Skyhill Place Escondido, CA 92026 (760) 747-9553 Exhibit "A" I. SCOPE OF WORK/ MANHOURS/FEE Task 1: Agua Hedionda Lift Station-Station and Odor Control System Permit to Construct/Operate DHK will review the available project data, request any additional data and prepare the APCD permit application for the pump station (pumps and grinders) and odor control system. The permit package will include required forms, supplemental technical data, site specific emission factor ( developed by laboratory sampling data from Carlsbad or others), Fate Model (BASTE) to determine% of liquid phase constituents are being released at the grinder and pump station wetwell, anticipated odor control performance and VOC reductions, health risk assessment facility to receptor graphics, description of equipment to facilitate APCD review and monitoring of the application during the process. (Assume liquid VOC data (EPA 624) and recent H2S information is available). 38 hours@$175= $6,650 (no sampling)(* if sampling needed see Task 4) Task 2: Homeplant Lift Station-Station Permit to Operate DHK will review the available project data, request any additional data and prepare the APCD permit application for the pump station (pumps). The permit package will include required forms, supplemental technical data, site specific emission factor (developed by laboratory sampling data from Carlsbad or others), Fate Model (BASTE) determine% of liquid phase constituents are being released at the pump station wetwell, anticipated odor control performance and VOC reductions, health risk assessment facility to receptor graphics, description of equipment to facilitate APCD review and monitoring of the application during the process. (Assume liquid VOC data (EPA 624) and recent H2S information is available). 28 hours@ $175= $4,900 (no sampling) (* if sampling needed see Task 4) Task 3: Poinsettia Lift Station-Station Permit to Operate DHK will review the available project data, request any additional data and prepare the APCD permit application for the pump station (pumps). The permit package will include required forms, supplemental technical data, site specific emission factor (developed by laboratory sampling data from Carlsbad or others), Fate Model (BASTE) to determine% of liquid phase constituents are being released at the pump station wetwell, anticipated odor control performance and VOC reductions, health risk assessment facility to receptor graphics, description of equipment to facilitate APCD review and monitoring of the application during the process. (Assume liquid VOC data (EPA 624) and recent H2S information is available). 28 hours @ $175= $4,900 (no sampling) (* if sampling needed see Task 4) DHK Engineers, Inc. 1851 Skyhill Place Escondido, CA 92026 (760) 747-9553 Exhibit "A" Task 4: Site Specific Sampling-Sulfides, Volatile Organic Compounds If any station is lacking available data for development of the site specific emission factors), DHK will gather and on-site analyze three (3) liquid phase Sulfide samples, pH, DO, and Temperature. During the liquid phase sampling program, one (1) Volatile Organic by EPA Method 624 will be gathered and sent to a certified laboratory if required. IF REQUIRED ONLY DHK 11 @ $175/hr = $1,925 EPA 624 Laboratory Charge $280 (not required if City has previous data available) All three stations: $6,6 I 5 ($2,205 each with EPA 624 data) Task 5: Bressi Ranch Corrosion/Odor/pH issues DHK will provide as-needed assistance to support the corrosion control plan (Thioguard coating) and investigation of the low pH(acidic), coordinate with vendors, interpretation of field or lab data, and attend meetings. (As-needed 32 hours assumed) DHK 32 @ $175/hr = $5,600 (T &M) DHK Engineers, Inc. 1851 Skyhill Place Escondido, CA 92026 (760) 747-9553 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/16/2018 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(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 2x~i~cT BJ Sheffield --- -: FAX --------.. -- Falcon West Insurance Brokers, Inc. PHONE (619)297-9182 (8/.C, No, lal<Jl.; LLA/C~_l'i<tl:_ (619) 297-3366 --- License # 0616640 ~_t1rf~~ss: beeg@falconwestins ·:om ------~-----· 2525 Camino Del Rio So Ste 100 INSURER(S) AffORDING_C()_VERAc;~_ N_AIC # ___ - -t _f,~n _ Diego ___ CA 92108 INSURER A :Westchester Surplu_s __ Lines -------- ----- INSURED INSURER B: --------------------------DHK Engineers Inc. INSURER C: --------------·----------- 1851 Skyhill Place INSURER D: ---------------------------- INSURER E ------- ----·----------- Escondido CA 92026 INSURER F: COVERAGES CERTIFICATE NUMBER:18-19 Master 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 l X_ COMMERCIAL GENERAL LIABILITY A 1~,1~~;~:~:;; -7 OTHER AUTOMOBILE LIABILITY ANY AUTO ALL OWNED ~ ___ AUTOS HIRED AUTOS ---SCHEDULED __ AUTOS NON-OWNED ~---AUTOS I I UMBRELLA LIAB : I OCCUR I EXCESS LIAB [l CLAIMS-MADE I -;;-ED i-T RETENTIO~ $ -I AND EMPLOYERS' LIABILITY y / N: I I X : I : I ' I WORKERS COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE I !I . I: NIA OFFICER/MEMBER EXCLUDED? . (Mandatory in NH) I If yes, descnbe under DESCRIPTION OF OPERATIONS below ' A Errors & Omissions Liab I I A Contractors Pollutions i : POLICY NUMBER I G24259493007 i I I ' . 'G2425949300? G24259493007 ' ! I 3/10/2018 ! 3/10/2018 3/10/2018 i 3/10/2019 LIMITS I EACH OCCURRENCE $ 1,000,000 -bAMAGE r--o~R~E~N~T~E-D---+-----5-0-, 0_0_0_ I F'REMISES (Ea occurrence} $ ' MED EXP (Any one person)_ $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 ------------ GENERAL AGGREGATE 2,000,000 ---------------·-----t----------, PRODUCTS-COMP/OPAGG $ 2,000,000 ----------1-----------I Professional Uab11ity-Claims $ 2 , O O O , 0 O O COMBINED SINGLE LIMIT $ (Eaacc1d~.O!l ______________ -----------< BODILY INJURY (Per person) $ BODIL y INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE I AG_GREGATE_ --~$----· -------· -... . :!~~rnn_l J~;t I I E L EACH ACCIDENT . -~ l $ : EL 12'5EASE_:_~~_P_~_$_ _________ _ I E.L DISEASE· POLICY LIMIT i $ 3 / 10 / 2 O 19 I Limits Per Occ/Agg/Ded $2500 3/10/2019 I Limits Per Occ/Agg/Ded $2500 $1Mil/$2Mil $1Mil/$2Mil i DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project -Odor Outfall Scrubber Permittin Services. City of Carlsbad is named as Additional Insured subject to terms and conditions on the policy. This Certificate of Insurance shall provide that there will be no cancellation or reduction of coverage without thirty(30) days prior written notice to Certificate Holder. CERTIFICATE HOLDER CANCELLATION rhonda.gasper-heather@carl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Contract Administrator ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rhonda Heather 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ...;:;;-t'_.~ P'07o-r~---~ Tom Normandie/BSR © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS0251201401) The ACORD name and logo are registered marks of ACORD 0 3/10/2018 Westchester SUrplus Unes Insurance COmpany ntlS ENDORSEME!NTCHANBES lHE POLICY, PLEASE READ IT CAREFULLY. ADDfflONALINSUREDENDORSEMENT OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION Thia endorlament modifies Insurance provided under the 'following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLWTION UABJLITY COVERAGE SCHEDULE; Nam, P! Pep 9CP!P-'"!l"b•m Any person or mganlzalfon that Is an owner of real property or personal property on which you are performing operatlona, or a contraCIDr on whose behalf you are performing operations, and only at the apeclflc wrtttan request of such person or organization to you, whereln such request Is made prior to commencement or operations, (If no entry appeara above, Information required to complete thls endorsement will be shown In the Declarations as appBcable CD this undoT88mem.) A. SECTION II • WHO IS AN INSURED Is amended to lndude as an Insured the paraon or organization shown In the Schedule, but only with respect to llabDlty arising out of your ongoing operaUons performed for that Insured. a. With raspact to the Insurance afforded to thsse addiQonal Insureds, the followlng exclusion Is added: 2. E!xclualons Thia Insurance d088 not apply to bodlly Injury or property damage occurring after: (1) All work, lndudlng 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 or the addlflonal Insured(&) at the Bite 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 pel"8Dn or organization other than another contractor or subcontractor engaged In pmformlng oparatlons for a prlnclpal as a part of the same project. ENV4100 (08-04) Includes copyr1;Med materf8' of Insurance Services Office, Inc. wl1h Its permlsalon Pase 1 of1 · 3/1.0/2018 Westchaatar SUrpJus Unes Insurance Company THIS ENDORSEMENT CHANGES TME POLICY. PLEASE READ IT CAREFULLY. ADDfflONAL INSURED ENDORSEMENT. OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endol'88ment madlflea Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILl1Y COVERAGE SCHEDULE; Name pf Panlpn w OrganlPfipn; Any person or ozganlzatlon that la an owner of Nial proparty or personal property on which you are performing opandlons. or a contra=r on whose behalf you are performing oparaUona. and only at the spacfflc written request or such person or organtzaUon to you, wherein such request Is made prior to commencement of operauona. (If no entry BJ)P88J8 , nna on requ to complete appllcab!a to this endoraement.) SECTION II • WHO IS AN INSURED Is emended to lnctude: A. 8EC110N II • WHO 18 AN INSURED Is amended to Include as en Insured the person or organization shown In the Schedu!a, but only With respect to DabDlty artstng out of your ongoing operations performed for that Insured. a. With respect to the tnaurance afforded to these additional insureds. the following e>duslon Is added: 2. Exclualona Thla tnswanca does not apply to bodlly lnJwy or property damage occurring after: (1) All work, lncludlng materials, perta or equlpmant fUmlshed In connection With such work. on the proJect (other than seMCS. maintenance or repairs) to be performed by or on behalf of the add111onal Insured(&) at the site of the covaNld operations has been completed; or (2) That po1tlon of your work out of which the lnJwy or damage arises has been put to ha Intended use by any P81801'1 « organlZatlon other than another contractor or subcontractor engaged In performing operations for a principal as a pmt of the same proJect. c. The cove11ge provided hereunder 8haD be primary and not contributing With any other Insurance avaOabla to thosa daalgnased above under any other third party llablllly policy. ENV-3101 (08,04) lnoludes oopyrl;h!ed material of Insurance SelVlces Office, Inc. with Ila parmtsston Page 1 of 1 Na rad Endarsanent umbst DHK Engineers, Inc. Ill'._ o!lcy Pe!lcl 3/10/2018 to-3/10/2019 3/10/2018 8ffl8 runce any Westchester surplus Unes Insurance Company lnaert Iha pOl!eJ num!ler. 1'118 nmsalnder ol 11111 lnlomlallon IS IO ba complated only when lhla endo,._nt It 1t1ued 8Ufflllll&nl to the praparaUan of Iha pollcy. 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 CONTRACTORS POUUTION LIABILITY COVERAGE PART SCHEDULE Name pf PQQIOl'l or QmQD!zaPpn; Any person or organization that Is an owner of real property or personal property on which ycu are performing operations, or a contractor on whose behalf you are performing operations, end only at the specific written request of such person or organization to you, wherein such request Is made prior to commencement of operations. (If no entry appears above, Information requlrad to complete this endorsement wtll be shown In the Declarallons as appllcabla to this ernfol88ment.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition 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 hazard. This waiver applies only to the person or organization shown In the Schedule above. All other terms and conditions remaln the same. ENV-3143 (03-05) Includes copyrighted material or Insurance SelVlcea Office, Inc. with Its perm!B&lon Page 1 0r1 August 11, 2018 City of Carlsbad ATfN: Public Works Contracts Administration 1635 Faraday Avenue Carlsbad, CA 92008 Reference: Air Pollution Control Permitting Support -PSA19-505UTIL RE: Sole Proprietary Company & Auto Insurance Certificate DHK Engineers, Inc. has no employees and I'm the sole proprietor (No Workmen's Comp applies). DHK Engineers owns no vehicles and personal car is used only (AAA evidence provide below). We appreciate the opportunity and look forward to working with you and your staff. Very truly yours, DHK Engineers, Inc l~-9.C {}, ~ r ! __ ..., c· Donald H. King, P.E. Project Manger (760) 747-9553 DHK;sky • PROOF OF INSURANCE lnterinsurance Exchange of the Automobile Club NAIC #: 15598 Named lraured Polley Number CAA 03151l9341 I KING JR, DONALD HAND KATHLEEN M ~ E"*'-Dae 11-0&-17 E,cprationDale 11-0&-18 Thiopallcy.,,_ .. _.,. __ ol _,, -...--by Ille CA \ll!HCOOE SECTION 1eaee1or111e ------and-p,oo,tde-lof ___ and ___ .,._..., ... _pallcy VEl9CI.DONPOUCY YEAR -\ll!Hl.0.1 2011 ct«V 1~127518 2017 NSSN 5N1Clft2MNIIHCeell DRIVERS ON POI.ICY KHJ. KATHU!EN M KING, OONALO DHK ENGINEERS, INC. 1851 Skyhill place Escondido, CA 92026 (760) 747-9553 • CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Donald H. King President I, ________________ , am the _______________ _ [insert name] [title] Mann, King Engineers, Inc. OBA DHK Engirn DHK of _______________ . I hereby certify that __________ _ [name of company] [name of company] has no employees and is not required by law to maintain workers' compensation or employers' . . . . h Id DHK I hab1hty msurance. S ou _________________ emp oy any person [name of company] San Diego Air Permitting Support during the term of the Agreement with the City of Carlsbad for ___________ _ Services and Collection System Odor [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. Donald King [Name] President, DHK Engineers [Title and name of company or corporation]