Loading...
HomeMy WebLinkAboutDudek; 2018-11-28; PSA19-563CAPSA19-563CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6611 This Fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Dudek, 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 Environmental services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, and the proposal dated February 10, 2020, (“proposal”), attached as Appendix "A" for the Park Drive Street and Drainage Improvements Project Environmental Services, (the “Project"). The Project services shall provide for coastal development permit support, a restoration and habitat enhancement plan and the finalized initial study and mitigated negative declaration document for the Project. 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 two (2) years 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 $84,059. DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 March 10, 2020 PSA19-563CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS PROEJCT ENVIRONMENTAL SERVICES TASK GROUP TIME & MATERIALS Coastal Development Permit Support $36,696 Restoration and Habitat Enhancement Plan $17,930 Preparation if Initial Study and Mitigated Negative Declaration $29,433 TOTAL (Not-to-Exceed) $84,059 CONTRACTOR Dudek Dudek (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Frank Dudek/Chairman & CEO Emily Hart/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: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 March 10, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 11632 1 February 2020 February 10, 2020 Danny Zimny, P.E., Q.S.D City of Carlsbad Public Works, Transportation Division 1635 Faraday Avenue Carlsbad, California 92008-7314 Subject: Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvement Project, City of Carlsbad, California Dear Mr. Zimny: Dudek is pleased to submit this proposal for environmental services pertaining to the Park Drive Drainage and Street Improvement Project within the City of Carlsbad. This task order is being requested pursuant to the Master Consulting Agreement between Dudek and the City of Carlsbad dated November 28, 2018. The scope for this subsequent task order is based on our recent discussions with you, our understanding of the Project’s current standing with the California Coastal Commission, the need for additional permitting and technical support in preparation of the MND, and for obtaining City development approvals. The proposed tasks outlined below include Coastal Development Permit support, preparation of a Restoration and Habitat Enhancement Plan, and completion of the Initial Study/Mitigated Negative Declaration. The proposed tasks below will support both completed and ongoing work under the first Project Task Description and Fee Allotment for this Project (Project Task No. 1, Project No. 6611). DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 Mr. Danny Zimny, P.E., Q.S.D. Subject: Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvement Project, City of Carlsbad, California 11632 2 February 2020 Scope of Work Task 1 Coastal Development Permit Support Dudek coastal planners will continue to coordinate with City and California Coastal Commission (CCC) staff throughout the Coastal Development Permit (CDP) process. Based on feedback on the Revised Alternatives Analysis Memorandum provided to CCC staff on December 19, 2019, Dudek will prepare a CDP application package, including completing the CDP application form, compiling all required attachments, and preparing a submittal letter that summarizes environmental information and technical studies to demonstrate consistency with applicable Coastal Act and Local Coastal Program policies. Following CCC staff’s first 30-day review of the application submittal, Dudek coastal planners will review any requests for additional project information and provide recommendations to deem the application complete and prepare for decision-maker hearing. Because the project involves a conflict between environmental sensitive habitat area (ESHA) and public access policies, this scope assumes two 30-day CCC incomplete letter/review cycles to thoroughly address potential impacts to coastal resources. After the CDP application is formally filed, Dudek will coordinate with CCC staff during development of the staff recommendation. Prior to the public CCC hearing on the CDP application, Dudek will review the final CCC staff report/recommendation and discuss the findings and special conditions of approval with the City. As needed, Dudek will support the City in preparing a presentation to address the staff recommendation. In addition, Dudek will attend the CCC hearing and be available to answer questions that come up during the hearing. Assuming that the CCC approves the CDP and the City is supportive of the special conditions and wants to seek release of the permit, Dudek will help the City compile all of the materials needed to satisfy the conditions of the permit. Dudek will coordinate with CCC staff, as necessary, to oversee issuance of the permit. In sum, CDP support services include the following: Preparation of a CDP application package; Preparation of two responses to CCC incomplete letters; Review of CCC staff report, including findings and conditions of approval; Preparation for and attendance of CCC hearing to support City’s presentation, if necessary; and Compilation of condition compliance materials. Given the level of uncertainty that exists in matters involving the CCC, including unanticipated data needs and technical study following review of application materials and the level of support required at the public hearing, additional work authorization may be required and would be subject to separate scope and fees. Total Estimated Cost for Task 1 ............................................................................................................................... $36,696 DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 Mr. Danny Zimny, P.E., Q.S.D. Subject: Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvement Project, City of Carlsbad, California 11632 3 February 2020 Task 2 Restoration and Habitat Enhancement Plan The purpose of this plan is to address habitat mitigation as a result of Project impacts to coastal sage scrub. As outlined under mitigation measure MM-BIO-1 of the Biological Resources Technical Report completed for the Project, this plan shall include an evaluation of restoration suitability specific to proposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. Subtask 2A Transect Data Collection Dudek will collect botanical transect data from four 25-meter transects in areas labeled 1 and 2 described in the Assessing the Needs and Cost to Reach Success Standards within Potential MHCP Gnatcatcher Core Area Mitigation Areas (ESA 2017) provided by the City of Carlsbad. The point-intercept method will be utilized. Species present within a five-meter belt transect at these four transects will also be recorded, as will any incidental wildlife data observed. No specific wildlife surveys are proposed with this scope of work. Dudek will tabulate the data and present it to the city in a brief letter report. To provide the best opportunity to document and identify native annual forb cover, the botanical data collection needs to be done during the spring months when most of these species are alive and easy to identify. Data collection at other times of year will likely miss collecting native annual forb cover. Estimated Cost for Subtask 2A .................................................................................................................................. $3,400 Subtask 2B Conceptual Habitat Enhancement Plan Following the transect data collection, Dudek will work in coordination with the City of Carlsbad to choose either Area 1 or 2 to develop a conceptual habitat enhancement plan. The plan will provide for enhancement methods to bring the area into compliance with the success criteria outlined in January 2005 Revised Mitigation Plan Carlsbad Municipal Golf Course, prepared by P & D Environmental. The City has indicated a preference for using Area 2. The conceptual habitat enhancement plan will also provide for the translocation of nine (9) California adolphia (Adolphia californica) plants into the selected enhancement area. Expected enhancement activities include, but are not limited to, soil amending to address any identified soil deficiencies and/or toxicities, seeding with appropriate native species, weed and other pest control, and temporary irrigation. This task does not include implementation of the habitat enhancement plan, such as site preparation, seeding, container planting, irrigation, or monitoring. Once the final mitigation site is selected and the habitat enhancement plan is final, Dudek would be happy to provide a scope and cost for implementing those tasks. Dudek has worked extensively on the implementation and monitoring of the golf course mitigation starting in 2005 and is very familiar with the site. Estimated Cost for Subtask 2B .................................................................................................................................. $6,690 DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 Mr. Danny Zimny, P.E., Q.S.D. Subject: Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvement Project, City of Carlsbad, California 11632 4 February 2020 Subtask 2C Soil Testing Dudek will collect composite soil samples from both Areas 1 and 2, depending on the results of the botanical transect survey results and discussions with the City. Dudek will also collect a composite soil sample from an adjacent habitat area for comparison. The results of this soil testing will be used to inform any soil amendment treatments recommended in the conceptual restoration plan. Estimated Cost for Subtask 2C .................................................................................................................................. $1,840 Subtask 2D Meetings and Project Coordination Dudek will attend up to three (3) meetings, and coordinate with City and other agency staff, either in person or by telephone to discuss the mitigation options and proposed habitat enhancement plan. Estimated Cost for Subtask 2D .................................................................................................................................. $6,000 Total Estimated Cost for Task 2 ............................................................................................................................... $17,930 Task 3 Preparation of Initial Study/Mitigated Negative Declaration The scope and budget proposed under this task cover the work and hours necessary to complete the IS/MND as proposed under Task No. 1, Project No. 6611. Under Task No. 1, additional preliminary coastal development permit support, project management and revisions to the Alternatives Memorandum was required. As coordinated with you, some of the funds allocated for the preparation of the IS/MND under Task No. 1 were used to cover this additional preliminary coastal development permit support. The budget proposed for this Task 3 will ensure completion of the Screencheck Draft MND, Public Review Draft MND, Final MND, and Project Management/Meetings and Hearings as originally proposed under Task No. 1. Total Estimated Cost for Task 3 ............................................................................................................................... $29,433 Cost Summary The services proposed and associated cost estimates are presented in Table 1. All labor hours will be billed monthly on a time-and-material basis, not-to-exceed the total amount in Table 1, and according to Dudek’s 2018 standard schedule of charges per our Master Consulting Agreement. Should additional services be requested or required beyond the scope described herein, a contract amendment may be required. DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 Mr. Danny Zimny, P.E., Q.S.D. Subject: Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvement Project, City of Carlsbad, California 11632 5 February 2020 Table 1. Proposal Task Cost Summary Task Item Cost Task 1. Coastal Development Permit Support $36,696 Task 1. Subtotal $36,696 Task 2. Restoration and Habitat Enhancement Plan - Subtask 2A Transect Data Collection $3,400 Subtask 2B Conceptual Habitat Enhancement Plan $6,690 Subtask 2C Soil Testing $1,840 Subtask 2D Meetings and Project Management $6,000 Task 2 Subtotal $17,930 Task 3. Preparation of Initial Study/Mitigated Negative Declaration $29,433 Task 3 Subtotal $29,433 Total Cost Estimated $84,059 The tasks above will be billed on a time-and-material basis not to exceed $84,059. Dudek is able to commence work immediately upon authorization to proceed. Thank you for the opportunity to propose on this task order. If you have any questions regarding this proposal, please feel free to contact me at 760.479.4159, or vcurrie@dudek.com. Sincerely, _______________________ Vanessa Currie Project Manager DocuSign Envelope ID: E39B1326-6389-4EF1-90A0-193C97F63574 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 9/9/2019 Hall &CompanyA/E Insurance Services1966010thAveNEPoulsboWA98370 Allison Barga License #0K93926 360-626-2007 360-626-2007 abarga@hallandcompany.com ZURICH AMERICAN INSURANCE COMPANY 16535 25 CNA Insurance CompaniesDudek6053rdStreetEncinitasCA92024 932699924 A X 1,000,000 X 100,000 X OCP/XCU/BFPD 10,000 X Cross Liability 1,000,000 2,000,000 X GLO014631103 8/28/2019 8/28/2020 2,000,000 A 1,000,000 X X X BAP014632903 8/28/2019 8/28/2020 A X X 1,000,000 X AUC014640703 8/28/2019 8/28/2020 1,000,000 A X N WC014633003 8/28/2019 8/28/2020 1,000,000 1,000,000 1,000,000 B ProfessionalLiabClaimsMadeContractorsPollutionLiab:Occur EEH591932835 8/28/2019 8/28/2020 $1,000,000PerClaim$1,000,000Aggregate TRAN1541,TRAN1455,UTIL1629,CA1287,TRAN1486Thecertificateholderisanadditionalinsuredpertheattached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 GLO014631103 08/28/2019 08/28/2020 08/28/2019 N/A BAP014632903 08/28/2019 08/28/2020 08/28/2019 N/A N/A N/A GLO014631103 08/28/201908/28/2019 08/28/2020 WC014633003 U-CA-103-A CW (10/16) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Notification To Others Of Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 0146329-03 Effective Date: 08/28/2019 This endorsement modifies insurance provided under the: Auto Dealers Coverage Form Business Auto Coverage Form Motor Carrier Coverage Form A.If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1.Must be initially provided to us within 15 days: a.After the beginning of the policy period shown in the Declarations; or b.After this endorsement has been added to policy; 2.Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3.Must be in an electronic format that is acceptable to us; and 4.Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2., 3. and 4. above. B.Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C.Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D.Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1.Extend the Coverage Part cancellation date; 2.Negate the cancellation; or 3.Provide any additional insurance that would not have been provided in the absence of this endorsement. E.We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLO 0146311-03 08/28/2019 08/28/2020 08/28/2019 64955000 INCL Blanket Notification to Others of Cancellation or Non-Renewal U-GL-1521-A CW (10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1.Must be provided to us prior to cancellation or non-renewal; 2.Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3.Must be in an electronic format that is acceptable to us. B.Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1.Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2.At least 30 days prior to the effective date of: a.Cancellation, if cancelled for any reason other than nonpayment of premium; or b.Non-renewal, but not including conditional notice of renewal. C.Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1.Extend the Coverage Part cancellation or non-renewal date; 2.Negate the cancellation or non-renewal; or 3.Provide any additional insurance that would not have been provided in the absence of this endorsement. D.We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-WC-100-A CW (10/16) Includes copyrighted material of National Council on Compensation Insurance, Inc. used with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-100-A CW (10/16) NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX – CONDITIONS F. Notification To Others Of Cancellation 1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will deliver electronic notification to each person or organization shown in a Schedule provided to us by you. Such Schedule: a. Must be initially provided to us within 15 days: After the beginning of the policy period shown in the Declarations; or After this endorsement has been added to policy; b. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedule may be updated and provided to us by you during the policy period. Such updated Schedule must comply with Paragraphs b. c. and d. above. 2. Our delivery of the electronic notification as described in Paragraph 1. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to you. Delivery of the notification as described in Paragraph 1. of this endorsement will be completed as soon as practicable after the effective date of cancellation to you. 3. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1. and 2. of this endorsement. 4. Our delivery of electronic notification described in Paragraphs 1. and 2. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a. Extend the policy cancellation date; b. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 5. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs 1. and 2. of this endorsement. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company PSA19-563CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 This third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Dudek, 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 Management of the Poinsettia Station Vernal Pools, (THE “Project”). Project services shall include pre-enhancement activities for rare plants and establishment of the management area, vernal pool enhancement, and the drafting of a memo report summarizing the enhancement work completed. Contractor shall also provide additional habitat enhancement throughout the Poinsettia Station Vernal Pool area after identification of the highest priority areas. 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 two (2) years 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 project hours completed. 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 $25,000. DocuSign Envelope ID: 103C1123-F9EF-427E-8CCB-920ACAD1A351 May 20, 2019 PSA19-563CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT POINSETTIA STATION VERNAL POOLS MANAGEMENT TASK GROUP TIME & MATERIALS Implement Mitigation Requirements $15,000 Additional Habitat Enhancement $10,000 TOTAL (Not-to-Exceed) $25,000 CONTRACTOR DUDEK, a California corporation DUDEK, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Frank Dudek, Chairman / CEO Emily Hart / 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: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 103C1123-F9EF-427E-8CCB-920ACAD1A351 May 20, 2019 May 2, 2019 2019-80 Rosanne Humphrey City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Proposal for Poinsettia Station Vernal Pools Management Dear Rosanne: Dudek is pleased to submit this proposal for the Habitat Enhancement at Poinsettia Station Vernal Pool Site. The cost estimate and scope of work are provided below. Dudek understands the City will be required to comply with the mitigation requires as shown below. As part of the Poinsettia Station Improvement Project, SANDAG dug two bore holes within the Poinsettia Station Vernal Pool Preserve (PSVPP) to locate a buried high pressure gas line. To offset impacts to 8 square feet within the watershed of occupied San Diego fairy shrimp and Riverside fairy shrimp habitat and within button celery habitat, SANDAG provided $15,000 to the City of Carlsbad (city) for enhancement (e.g., dethatching, invasive species removal, vegetation thinning) of approximately 1 acre of the PSVPP. Enhancement activities will occur during dry conditions to minimize potential impacts to vernal pools and their watersheds. All enhancement work will be conducted by hand and will not use heavy machinery. Rare plant surveys will be conducted prior to enhancement activities, and all listed plants occurring within the enhancement area will be flagged for avoidance. The City will provide a final report to SANDAG, U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) summarizing the enhancement work that was completed with the funding within 30 days of completion. SCOPE OF WORK Task 1: Implement Mitigation Requirements in Biological Opinion Associated with the Poinsettia Station Improvement Project (FWS-SDG-16B0307-16F0764- R001) (PS Improvement Project) PSA19-563CA - Task No. 3 Appendix "A" DocuSign Envelope ID: 103C1123-F9EF-427E-8CCB-920ACAD1A351 Task 1A: Pre-enhancement Rare Plant Survey and Establishment of Management Area Dudek will coordinate with the City to identify a potential management area using an aerial photograph, location of bore holes, and previous vernal pool mapping. Dudek will have a biologist check for rare plants within this area prior to any weeding/enhancement activities. This area will be refined as necessary in the field based on site conditions. The work area and avoidance areas will be desalinated in the field using flagging or similar method. Four visits will be performed under this task. Task 1B: Vernal Pool Enhancement Perform vernal pool enhancement within previously delineated work area. Enhancement will consist of dethatching, invasive species removal, and vegetation thinning by HRS. The work will be conducted during the dry season and will be performed by hand (e.g., using hand tools) only. No herbicides will be used. Vernal pool enhancement may include the removal or thinning of native shrubs that have encroached upon the ponded areas. Habitat enhancement is to be performed only by qualified personnel. Four visits will be performed under this task. Task 1C: Memo Report Following each enhancement visit by HRS, Dudek will complete a draft memo report summarizing the enhancement work that was completed will be submitted to the City within three weeks of completion. A final report incorporating city comments will be submitted to the city within one week of receiving city comments. The report will include before and after photographs, a summary of the methods used, a description of before and after conditions, and a discussion of any issues or management recommendations. Four memos will be prepared under this task. Task 2: Additional Habitat Maintenance HRS/Dudek will conduct additional habitat enhancement (e.g., dethatching, invasive species removal, vegetation thinning) throughout the PSVPP area to augment enhancement activities described in Task 1. In coordination with the City, Dudek will identify the highest priority areas to be treated, methods of enhancement, and timing of activities. Enhancement activities can be performed during the same year as Task 1 activities or a subsequent year, whichever is deemed most effective. As described for Task 1, the enhancement area will be delineated before implementation in coordination with the City, and a follow up memo describing the work performed (with photographs) will be submitted. PSA19-563CA - Task No. 3 Appendix "A" DocuSign Envelope ID: 103C1123-F9EF-427E-8CCB-920ACAD1A351 COST ESTIMATE Task 1: Implement Mitigation Requirements ....................................................................... $15,000.00 Task 2: Additional Habitat Enhancement ............................................................................. $10,000.00 _________ Total ............................................................................................................................................. $25,000.00 This scope of work is based upon our understanding of the project request from the client. Additional services required beyond this scope of work would need to be negotiated between Dudek and the client accordingly. All fees will be billed as T&M and invoiced on a monthly basis. The total for this phase of the work is $25,000.00 and would not be exceeded without client approval. COST ESTIMATE -Dudek assumes non-prevailing wage rates. -Dudek assumes the Client will pay all water meter, permit fees, and water costs as applicable. -Dudek assumes the City will procure a ROE permit for the work. -All staff that work on the project site will have RWP training. EXCLUSIONS -This proposal does not include permit fees, electrical fees, hazardous materials removal, coring, boring, or rock breaking. -This proposal does not include a traffic control plan or any traffic control services. -This proposal does not include any homeless encampment clean-up or removal. -This proposal does not include any protocol level surveys. We look forward to the opportunity to work with you on this project. If you have any questions regarding this proposal, please feel free to contact me at 760.479.4257 or jmarcon@dudek.com. Sincerely, _______________________ Jake Marcon Biologist/Habitat Restoration Specialist PSA19-563CA - Task No. 3 Appendix "A" DocuSign Envelope ID: 103C1123-F9EF-427E-8CCB-920ACAD1A351 DUDEK 2019 STANDARD SCHEDULE OF CHARGES Effective January 1, 2019 ENGINEERING SERVICES Project Director .............................................................................. $285.00/hr Principal Engineer lll ...................................................................... $265.00/hr Principal Engineer II ...................................................................... $255.00/hr Principal Engineer I ....................................................................... $245.00/hr Program Manager .......................................................................... $225.00/hr Senior Project Manager ................................................................. $225.00/hr Project Manager ............................................................................ $220.00/hr Senior Engineer III ......................................................................... $215.00/hr Senior Engineer II ......................................................................... $205.00/hr Senior Engineer I .......................................................................... $195.00/hr Project Engineer IV/Technician IV ................................................. $185.00/hr Project Engineer llI/Technician III .................................................. $175.00/hr Project Engineer lI/Technician II .................................................... $160.00/hr Project Engineer I/Technician I ...................................................... $145.00/hr Project Coordinator ........................................................................ $115.00/hr Engineering Assistant ....................................................................$110.00/hr ENVIRONMENTAL SERVICES Project Director .............................................................................. $245.00/hr Senior Specialist IV ....................................................................... $230.00/hr Senior Specialist III ........................................................................ $220.00/hr Senior Specialist II ......................................................................... $200.00/hr Senior Specialist I .......................................................................... $190.00/hr Specialist V .................................................................................... $180.00/hr Specialist IV ................................................................................... $170.00/hr Specialist III ................................................................................... $160.00/hr Specialist II .................................................................................... $145.00/hr Specialist I ..................................................................................... $130.00/hr Analyst V ....................................................................................... $120.00/hr Analyst IV ...................................................................................... $110.00/hr Analyst III ....................................................................................... $100.00/hr Analyst II .......................................................................................... $90.00/hr Analyst I ........................................................................................... $80.00/hr Technician IV ................................................................................... $90.00/hr Technician III ................................................................................... $80.00/hr Technician II .................................................................................... $70.00/hr Technician I ..................................................................................... $60.00/hr Compliance Monitor ......................................................................... $95.00/hr DATA MANAGEMENT SERVICES GIS Programmer I ......................................................................... $185.00/hr GIS Specialist IV ............................................................................ $160.00/hr GIS Specialist III ............................................................................ $150.00/hr GIS Specialist II ............................................................................. $140.00/hr GIS Specialist I .............................................................................. $130.00/hr Data Analyst III .............................................................................. $100.00/hr Data Analyst II ................................................................................. $90.00/hr Data Analyst I .................................................................................. $80.00/hr UAS Pilot ......................................................................................... $90.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager .......................................................................... $195.00/hr Senior Construction Manager ....................................................... $180.00/hr Senior Project Manager ................................................................. $165.00/hr Construction Manager ................................................................... $155.00/hr Project Manager ............................................................................ $145.00/hr Resident Engineer ............................................................ …….….$145.00/hr Construction Engineer ................................................................... $140.00/hr On-site Owner’s Representative .................................................... $140.00/hr Construction Inspector III ............................................................... $130.00/hr Construction Inspector II ................................................................ $120.00/hr Construction Inspector I ................................................................. $110.00/hr Prevailing Wage Inspector ............................................................. $135.00/hr HYDROGEOLOGICAL SERVICES Project Director .............................................................................. $285.00/hr Principal Hydrogeologist/Engineer II .............................................. $260.00/hr Principal Hydrogeologist/Engineer I ............................................... $240.00/hr Sr. Hydrogeologist IV/Engineer IV ................................................ $225.00/hr Sr. Hydrogeologist III/Engineer III .................................................. $210.00/hr Sr. Hydrogeologist II/Engineer II .................................................... $195.00/hr Sr. Hydrogeologist I/Engineer I ...................................................... $185.00/hr Hydrogeologist VI/Engineer VI ...................................................... $165.00/hr Hydrogeologist V/Engineer V......................................................... $155.00/hr Hydrogeologist IV/Engineer IV ....................................................... $145.00/hr Hydrogeologist III/Engineer III ....................................................... $135.00/hr Hydrogeologist II/Engineer II ......................................................... $125.00/hr Hydrogeologist I/Engineer I ........................................................... $115.00/hr Technician ..................................................................................... $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ............................................................... $195.00/hr District Engineer ............................................................................ $185.00/hr Operations Manager ..................................................................... $160.00/hr District Secretary/Accountant ....................................................... $120.00/hr Collections System Manager ......................................................... $135.00/hr Grade V Operator .......................................................................... $125.00/hr Grade IV Operator ......................................................................... $110.00/hr Grade III Operator ......................................................................... $100.00/hr Grade II Operator ............................................................................ $75.00/hr Grade I Operator ............................................................................. $70.00/hr Operator in Training ......................................................................... $65.00/hr Collection Maintenance Worker II .................................................... $75.00/hr Collection Maintenance Worker I ..................................................... $65.00/hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist ........................................................................... $175.00/hr Senior Designer ............................................................................. $165.00/hr Designer ........................................................................................ $155.00/hr Assistant Designer ......................................................................... $150.00/hr CADD Operator III ......................................................................... $145.00/hr CADD Operator II .......................................................................... $140.00/hr CADD Operator I ........................................................................... $125.00/hr CADD Drafter ................................................................................ $115.00/hr CADD Technician .......................................................................... $110.00/hr SUPPORT SERVICES Technical Editor lll ......................................................................... $145.00/hr Technical Editor ll .......................................................................... $130.00/hr Technical Editor l ........................................................................... $115.00/hr Publications Specialist lll ............................................................... $105.00/hr Publications Specialist ll .................................................................. $95.00/hr Publications Specialist l ................................................................... $85.00/hr Clerical Administration ..................................................................... $90.00/hr Forensic Engineering – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually. PSA19-563CA Task No. 3 DocuSign Envelope ID: 103C1123-F9EF-427E-8CCB-920ACAD1A351 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 8/27/2018 Hall &CompanyA/E Insurance Services1966010thAveNEPoulsboWA98370 Allison Barga License #0K93926 360-626-2007 360-626-2007 abarga@hallandcompany.com Zurich American Insurance Company 16535 25 Steadfast Insurance Company 26387Dudek6053rdStreetEncinitasCA92024 316240811 A X 1,000,000 X 100,000 X OCP/XCU/BFPD 10,000 X Cross Liability 1,000,000 2,000,000 X GLO014631102 8/28/2018 8/28/2019 2,000,000 A 1,000,000 X X X BAP014632902 8/28/2018 8/28/2019 A X X 1,000,000 X AUC014640702 8/28/2018 8/28/2019 1,000,000 A X N WC014633002 8/28/2018 8/28/2019 1,000,000 1,000,000 1,000,000 B ProfessionalLiabClaimsMadeContractorsPollutionLiab:Occur PEC014631402 8/28/2018 8/28/2019 $1,000,000PerClaim$1,000,000Aggregate TRAN1541Thecertificate holder is an additional insured per the attached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 GLO014631102 08/28/2018 08/28/2019 08/28/2018 N/A BAP014632902 08/28/2018 08/28/2019 08/28/2018 N/A N/A N/A GLO014631102 08/28/201808/28/2018 08/28/2019 WC014633002 PSA19-563CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Dudek, 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 environmental services for Baseline Surveys for Poinsettia Station Vernal Pools, (the “Project”). The Project services shall include addressing the hydrology of the pools, the occurrence of fairy shrimp, a baseline survey of potential rare plants, and a comprehensive species list. Additionally, Contractor will provide long-term management of the vernal pools and the preserve area, including trash removal, site inspections, biological surveys, sign and fencing repair and installation, public outreach, and trespass control. 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 one (1) working day after receiving this fully executed document and a City Purchase Order. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Contractor shall complete the work within two (2) years thereafter. 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 $20,000. DocuSign Envelope ID: 26B79607-905B-47B5-B957-66E987EA0AE9 March 18, 2019 PSA19-563CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT BASELINE SURVEYS FOR POINSETTIA STATION VERNAL POOLS TASK GROUP TIME & MATERIALS Plant Surveys $5,400 Monitor Hydrology/Inundation of Vernal Pools $4,700 Monitor Fairy Shrimp Presence $3,400 Additional As-Needed Task for Long-Term Management $6,500 TOTAL (Not-to-Exceed) $20,000 CONTRACTOR DUDEK, a California corporation DUDEK, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Frank Dudek, Chairman / CEO Emily Hart / 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: _________________________ Paz Gomez, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 26B79607-905B-47B5-B957-66E987EA0AE9 March 18, 2019 1 February 2019 February 27, 2019 Rosanne Humphrey City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal to Provide Baseline Surveys for Poinsettia Station Vernal Pools, City of Carlsbad, California Dear Rosanne: Dudek is pleased to provide you with this scope of work and cost estimate for providing baseline biological survey tasks to support the future management of vernal pools at Poinsettia Station. Dudek proposes to address the hydrology of the pools, the occurrence of fairy shrimp, and a baseline survey of the rare plants potentially present as well as a comprehensive species list. This proposal provides the scope of work and estimated cost, as detailed below. Scope of Work The following scope of work includes focused surveys for plants, monitoring of inundation of the pools, baseline survey for fairy shrimp presence within the pools and an as-needed task for long-term management. Task 1: Plant Surveys Dudek will conduct a baseline vernal pool plant survey at Poinsettia Station Preserve. Dudek suggests conducting a site visit in early May based on the list of vernal pool indicators listed in Appendix D of the City of San Diego Vernal Pool Inventory1 and the flowering times included in the Jepson Flora Project2. In a typical year, all species can be identified in May (Table 1). However, because species bloom at different times of year, two site visits are proposed for the special status species, one in late April/early May and one in late May/early June. We propose to do one early survey in Mid-March in order to capture those species that are more aquatic and that would be dried up by late April. Thus we propose to conduct three focused surveys for plant species. All special status plant species will be flagged so that they can be relocated at a later time. Surveys will include both the North County Transit District (NCTD) portion and the thin strip along the trail for approximately 3,000 linear feet of survey area. Biologists will document presence of vernal pool indicator plants using a Geographic Positioning System (GPS) capable of sub-1 meter accuracy. An estimate of the number of individuals in each pool will be provided. For special-status species, a California Natural Diversity Database (CNDDB) record will be completed and submitted. A brief memorandum describing the methods and results of the survey, including a graphic with survey results, will be provided. Task 1 cost……………………………………………………………………………………………$5,400.00 1 https://www.sandiego.gov/sites/default/files/legacy//planning/programs/mscp/biomonitor/vpi/pdf/23appD.pdf 2 http://ucjeps.berkeley.edu/interchange/ Appendix "A" PSA19-563CA - Task No. 2 DocuSign Envelope ID: 26B79607-905B-47B5-B957-66E987EA0AE9 Ms. Humphrey Subject: Proposal to Provide Baseline Surveys for Poinsettia Station Vernal Pools, City of Carlsbad, California 2 February 2019 Table 1. Vernal Pool Indicator Species Species Blooming Period Status (Federal/State/CRPR) Callitriche marginata Mar--Jun None/None/None Crassula aquatica Mar--Jun(Aug) None/None/None Deschampsia danthonioides Mar--Aug None/None/None Downingia cuspidata Mar--Jun None/None/None Elatine californica Mar--Aug None/None/None Epilobium campestre (=E. pygmaeum) May--Sep None/None/None Eryngium aristulatum var. parishii Apr–Jun Endangered/Endangered/1B.1 Isoetes howellii N/A (Spores mature late spring/summer) None/None/None Isoetes orcuttii N/A (Spores mature spring) None/None/None Triglochin scilloides (=Lilaea scilloides) Mar--Oct None/None/None Marsilea vestita N/A None/None/None Malvella leprosa Apr--Nov None/None/None Myosurus minimus Apr--Jun None/None/None Navarretia fossalis Apr--Jun Threatened/None/1B.1 Orcuttia californica Apr--Aug Endangered/Endangered/1B.1 Phalaris lemmonii Mar--Jul None/None/None Pilularia americana N/A None/None/None Plagiobothrys acanthocarpus Mar--May None/None/None Plantago elongata Apr--Jun None/None/None Pogogyne abramsii Mar--Jun Endangered/Endangered/1B.1 Pogogyne nudiuscula Mar--Jun Endangered/Endangered/1B.1 Psilocarphus brevissimus May–Jun None/None/None Psilocarphus tenellus Mar–Jul None/None/None Task 2: Monitor Hydrology/Inundation of Vernal Pools Dudek will conduct monitoring of the vernal pools based on rain events to determine extent and depth of the vernal pools within the NCTD portion and the strip along the trail. Duration of inundation will also be monitored and drying of the pools will be documented. Although some rain events have already occurred, additional events seem likely and visits will still be able to document extent, depth and duration. The extent of the vernal pools will be recorded using a GPS unit and attributed with the depth of the pool. Dudek assumes a total of six visits to the pools to monitor the hydrology. These visits will also be couple with the fairy shrimp survey visits described below in Task 3. The information will be provided in the memorandum described above. Task 2 cost……………………………………………………………………………………………$4,700.00 Appendix "A" PSA19-563CA - Task No. 2 DocuSign Envelope ID: 26B79607-905B-47B5-B957-66E987EA0AE9 Ms. Humphrey Subject: Proposal to Provide Baseline Surveys for Poinsettia Station Vernal Pools, City of Carlsbad, California 3 February 2019 Task 3: Monitor Fairy Shrimp Presence Dudek will conduct a survey for fairy shrimp species within the vernal pools in conjunction with the visits conducted in Task 2. However, if fairy shrimp are detected, a fairy shrimp permitted biologist will visit the site to determine the species present. The biologist will document the species using non-lethal means by either macrophotography or by visual identification (larger specimens). For fairy shrimp monitoring visits, the number of specimens and maturity (presence of gravid females, immature fairy shrimp, or mature males) will be documented. Other vernal pool species will also be recorded if observed. As noted above in Task 2, the information will be provided in the memorandum described in Task 1. Based on past experience, it is assume that 4 visits may be required to provide information on fairy shrimp presence in the pools. It is assumed that no more than twice monthly surveys will be required. Task 3 cost……………………………………………………………………………………………$3,400.00 Task 4: Additional As-Needed Task for Long-Term Management Dudek will provide additional biological tasks as part of long-term management of the vernal pools and the preserve area. These tasks may include trash removal, site inspections, conducting surveys for biological resources, installation or repair of signs and fencing, public outreach, and trespass control. Dudek will work with the City to provide the needed expertise and tasks as needed based on the conditions of the site. Task 4 cost……………………………………………………………………………………………$6,500.00 Cost Estimate The scope of work described above reflects our assumptions of the project needs for this survey effort. The total not-to-exceed-cost for the tasks described above, which includes labor and direct costs and is based on time and materials, is $20,000.00. All work will be completed in accordance with our 2019 Standard Schedule of Charges. Dudek welcomes the opportunity to provide environmental services to you and is prepared to implement the work described herein. Please let us know if you wish us to provide you with our standard contract. We are prepared to conduct the work immediately. Please contact me at ahayworth@dudek.com or 760.518.7948 if you have any questions or concerns. Sincerely, ___________________ Anita Hayworth, PhD Principal/Senior Biologist Att.: 2019 Dudek Standard Schedule of Charge Appendix "A" PSA19-563CA - Task No. 2 DocuSign Envelope ID: 26B79607-905B-47B5-B957-66E987EA0AE9 DUDEK 2019 STANDARD SCHEDULE OF CHARGES Effective January 1, 2019 ENGINEERING SERVICES Project Director .............................................................................. $285.00/hr Principal Engineer lll ...................................................................... $265.00/hr Principal Engineer II ...................................................................... $255.00/hr Principal Engineer I ....................................................................... $245.00/hr Program Manager .......................................................................... $225.00/hr Senior Project Manager ................................................................. $225.00/hr Project Manager ............................................................................ $220.00/hr Senior Engineer III ......................................................................... $215.00/hr Senior Engineer II ......................................................................... $205.00/hr Senior Engineer I .......................................................................... $195.00/hr Project Engineer IV/Technician IV ................................................. $185.00/hr Project Engineer llI/Technician III .................................................. $175.00/hr Project Engineer lI/Technician II .................................................... $160.00/hr Project Engineer I/Technician I ...................................................... $145.00/hr Project Coordinator ........................................................................ $115.00/hr Engineering Assistant ....................................................................$110.00/hr ENVIRONMENTAL SERVICES Project Director .............................................................................. $245.00/hr Senior Specialist IV ....................................................................... $230.00/hr Senior Specialist III ........................................................................ $220.00/hr Senior Specialist II ......................................................................... $200.00/hr Senior Specialist I .......................................................................... $190.00/hr Specialist V .................................................................................... $180.00/hr Specialist IV ................................................................................... $170.00/hr Specialist III ................................................................................... $160.00/hr Specialist II .................................................................................... $145.00/hr Specialist I ..................................................................................... $130.00/hr Analyst V ....................................................................................... $120.00/hr Analyst IV ...................................................................................... $110.00/hr Analyst III ....................................................................................... $100.00/hr Analyst II .......................................................................................... $90.00/hr Analyst I ........................................................................................... $80.00/hr Technician IV ................................................................................... $90.00/hr Technician III ................................................................................... $80.00/hr Technician II .................................................................................... $70.00/hr Technician I ..................................................................................... $60.00/hr Compliance Monitor ......................................................................... $95.00/hr DATA MANAGEMENT SERVICES GIS Programmer I ......................................................................... $185.00/hr GIS Specialist IV ............................................................................ $160.00/hr GIS Specialist III ............................................................................ $150.00/hr GIS Specialist II ............................................................................. $140.00/hr GIS Specialist I .............................................................................. $130.00/hr Data Analyst III .............................................................................. $100.00/hr Data Analyst II ................................................................................. $90.00/hr Data Analyst I .................................................................................. $80.00/hr UAS Pilot ......................................................................................... $90.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager .......................................................................... $195.00/hr Senior Construction Manager ....................................................... $180.00/hr Senior Project Manager ................................................................. $165.00/hr Construction Manager ................................................................... $155.00/hr Project Manager ............................................................................ $145.00/hr Resident Engineer ............................................................ …….….$145.00/hr Construction Engineer ................................................................... $140.00/hr On-site Owner’s Representative .................................................... $140.00/hr Construction Inspector III ............................................................... $130.00/hr Construction Inspector II ................................................................ $120.00/hr Construction Inspector I ................................................................. $110.00/hr Prevailing Wage Inspector ............................................................. $135.00/hr HYDROGEOLOGICAL SERVICES Project Director .............................................................................. $285.00/hr Principal Hydrogeologist/Engineer II .............................................. $260.00/hr Principal Hydrogeologist/Engineer I ............................................... $240.00/hr Sr. Hydrogeologist IV/Engineer IV ................................................ $225.00/hr Sr. Hydrogeologist III/Engineer III .................................................. $210.00/hr Sr. Hydrogeologist II/Engineer II .................................................... $195.00/hr Sr. Hydrogeologist I/Engineer I ...................................................... $185.00/hr Hydrogeologist VI/Engineer VI ...................................................... $165.00/hr Hydrogeologist V/Engineer V......................................................... $155.00/hr Hydrogeologist IV/Engineer IV ....................................................... $145.00/hr Hydrogeologist III/Engineer III ....................................................... $135.00/hr Hydrogeologist II/Engineer II ......................................................... $125.00/hr Hydrogeologist I/Engineer I ........................................................... $115.00/hr Technician ..................................................................................... $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ............................................................... $195.00/hr District Engineer ............................................................................ $185.00/hr Operations Manager ..................................................................... $160.00/hr District Secretary/Accountant ....................................................... $120.00/hr Collections System Manager ......................................................... $135.00/hr Grade V Operator .......................................................................... $125.00/hr Grade IV Operator ......................................................................... $110.00/hr Grade III Operator ......................................................................... $100.00/hr Grade II Operator ............................................................................ $75.00/hr Grade I Operator ............................................................................. $70.00/hr Operator in Training ......................................................................... $65.00/hr Collection Maintenance Worker II .................................................... $75.00/hr Collection Maintenance Worker I ..................................................... $65.00/hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist ........................................................................... $175.00/hr Senior Designer ............................................................................. $165.00/hr Designer ........................................................................................ $155.00/hr Assistant Designer ......................................................................... $150.00/hr CADD Operator III ......................................................................... $145.00/hr CADD Operator II .......................................................................... $140.00/hr CADD Operator I ........................................................................... $125.00/hr CADD Drafter ................................................................................ $115.00/hr CADD Technician .......................................................................... $110.00/hr SUPPORT SERVICES Technical Editor lll ......................................................................... $145.00/hr Technical Editor ll .......................................................................... $130.00/hr Technical Editor l ........................................................................... $115.00/hr Publications Specialist lll ............................................................... $105.00/hr Publications Specialist ll .................................................................. $95.00/hr Publications Specialist l ................................................................... $85.00/hr Clerical Administration ..................................................................... $90.00/hr Forensic Engineering – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually. DocuSign Envelope ID: 26B79607-905B-47B5-B957-66E987EA0AE9 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 8/27/2018 Hall &CompanyA/E Insurance Services1966010thAveNEPoulsboWA98370 Allison Barga License #0K93926 360-626-2007 360-626-2007 abarga@hallandcompany.com Zurich American Insurance Company 16535 25 Steadfast Insurance Company 26387Dudek6053rdStreetEncinitasCA92024 316240811 A X 1,000,000 X 100,000 X OCP/XCU/BFPD 10,000 X Cross Liability 1,000,000 2,000,000 X GLO014631102 8/28/2018 8/28/2019 2,000,000 A 1,000,000 X X X BAP014632902 8/28/2018 8/28/2019 A X X 1,000,000 X AUC014640702 8/28/2018 8/28/2019 1,000,000 A X N WC014633002 8/28/2018 8/28/2019 1,000,000 1,000,000 1,000,000 B ProfessionalLiabClaimsMadeContractorsPollutionLiab:Occur PEC014631402 8/28/2018 8/28/2019 $1,000,000PerClaim$1,000,000Aggregate TRAN1541Thecertificate holder is an additional insured per the attached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 GLO014631102 08/28/2018 08/28/2019 08/28/2018 N/A BAP014632902 08/28/2018 08/28/2019 08/28/2018 N/A N/A N/A GLO014631102 08/28/201808/28/2018 08/28/2019 WC014633002 PSA19-563CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6611 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Dudek, 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 Environmental services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated February 4, 2019, (“proposal”), attached as Appendix "A" for the Park Drive Street and Drainage Improvements California Environmental Quality Act (CEQA), (the “Project"). The Project services shall include performing site specific environmental technical studies and CEQA Mitigated Negative Declaration (MND) document for the Park Drive Street and Drainage Improvement project. 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 two (2) years 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 $93,244. DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 February 28, 2019 PSA19-563CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL TECHNICAL STUDIES AND CEQA ANAYLSIS TASK GROUP TIME & MATERIALS Preliminary Coastal Development Permit Support $15,660 Biological Resources 19,559 Air quality and greenhouse gas emissions 7,440 Noise Study 3,480 Hazardous Materials Memorandum 2,865 CEQA MND 44,240 TOTAL (Not-to-Exceed) $93,244 CONTRACTOR DUDEK, a California corporation DUDEK, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Frank Dudek, Chairman/CEO Emily Hart, 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: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 February 28, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvements Project, City of Carlsbad, California Page 1 February 12, 2019 Danny Zimny, P.E., Q.S.D City of Carlsbad Public Works, Transportation Division 1635 Faraday Avenue Carlsbad, California 92008-7314 Subject: Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvement Project, City of Carlsbad, California Dear Mr. Zimny: Dudek is pleased to submit this proposal for environmental services pertaining to the proposed street and retaining wall improvements located along Park Drive in Carlsbad, California. Park Drive provides one lane of travel in each direction, parking, bike lanes, and sidewalks within the 60-foot right-of-way (ROW). Currently, the hillside along the northeast side of Park Drive between Cove Drive and Bayshore Drive experiences significant erosion and drainage issues that affect the function of the roadway and sidewalk, and the safety of pedestrians, cyclists, and drivers, particularly during and after rain events. The City has engaged engineers and consultants to identify alternative designs to rectify this issue. Dudek understands that the City is seeking professional services to entitle the subject project. This scope herein is based on our recent discussions with you, our understanding of your goals for property, and the requirements for various technical studies in preparation of a CEQA document (Mitigated Negative Declaration (MND) for obtaining City development approvals. These technical studies include biology, cultural resources, noise, air quality, greenhouse gases, and traffic, which are all described below. DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvements Project, City of Carlsbad, California Page 2 Scope of Work I. Technical Studies and Support Dudek will prepare drafts of each of the following reports for City review. Dudek will respond to concerns raised during two rounds of review and will prepare final reports for project submittal to the City. Task 1 Preliminary Coastal Development Permit Support Subtask 1A Information Review and Site Visit Dudek coastal planners will review project information, including the Countermeasure Assessment for Park Drive Street and Drainage Improvements by Burns McDonnell dated March 13, 2018 and Biological Resources Technical Report by LSA dated July 2018 as well as correspondence between the California Coastal Commission (CCC) and the City, and other relevant documents provided by the City such as past permits. Dudek coastal planners will then conduct a site visit and meet City staff to observe existing conditions and discuss project history. Subtask 1B Project Coordination The City has a Local Coastal Program (LCP) certified by the CCC; however, the implementation program for the Agua Hedionda segment has yet to be certified. Therefore, the CCC must issue the Coastal Development Permit (CDP) for the project, with Chapter 3 policies of the Coastal Act as the standard of review and the certified Agua Hedionda Land Use Plan, amended to include the Habitat Management Plan (HMP), used as guidance. Dudek coastal planners will evaluate the project’s consistency with applicable Coastal Act and LCP policies to identify potential issues. Based on this evaluation, Dudek coastal planners will prepare for and attend up to two meetings with City and CCC staff to discuss the proposed design, including the alternatives analysis, impact determinations, and mitigation. One of these meetings may be a site visit with the CCC staff biologist. As appropriate, based on CCC staff feedback, Dudek coastal planners will assist the City to make project modifications to demonstrate the project’s consistency with coastal resource protection policies. This coordination prior to preparation and submittal of the formal CDP application package will streamline the CCC CDP process, which will be contracted a later phase under a separate task order; no formal permitting activities are assumed in this task order scope. Project coordination with the CCC is critical to determining the appropriate design of the project, and that design will be the basis of analysis for the technical reports and CEQA analyses described in the tasks below. Estimated Cost ............................................................................................................................................... $15,660 DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 3 Task 2 Biological Resources Subtask 2A Vegetation Mapping and Jurisdictional Delineation Review Dudek will map the vegetation communities and land cover within the study area, in accordance with the vegetation classification system by Holland (1986)1 and Oberbauer et al. (2008)2, where feasible, with modifications to accommodate the lack of conformity of the observed communities. Based on the biology report prepared by LSA in 2018, there are potential waters of the U.S. and/or state within the study area. Dudek will conduct a formal jurisdictional within the project boundary. The delineators will determine if there are any features regulated by the U.S. Army Corps of Engineers (ACOE) as defined in 33 CFR 328.3 using the ordinary high water mark as outlined in A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (ACOE 2008a)3. Wetlands will be delineated using the 1987 Corps of Engineers Wetlands Delineation Manual (ACOE 1987)4 and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (ACOE 2008b)5. The limits of RWQCB jurisdiction will generally follow the extent of ACOE jurisdiction, but may also include ponded areas or other isolated features not typically under ACOE jurisdiction, but regulated under the Porter-Cologne Act. The CDFW asserts jurisdiction over rivers, streams, lakes, and riparian vegetation associated with these features. Waters of the state will be delineated based on watercourse characteristics present in the field, which include surface flow, sediment transportation and sorting, physical indicators of channel forms, channel morphology, and riparian habitat associated with a streambed. The methods and results of the jurisdictional delineation will be included in the biology letter report. This task does not include stand-alone report, an Approved Jurisdictional Delineation through the ACOE, or preparation of permitting applications. Subtask 2B Rare Plant Surveys Dudek will conduct focused surveys for special status plant species with a potential to occur within the study area. Focused special-status plant surveys will conform to CNPS Botanical Survey Guidelines (CNPS 2001)6; Protocols for Surveying and Evaluating Impacts to Special Status Native Populations and Natural Communities (CDFG 2009)7; and U.S. Fish and Wildlife Services General Rare Plant Survey Guidelines (Cypher 2002)8. 1 Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Game. October 1986. 2 Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego County. March 2008. http://www.sdcanyonlands.org/canyon-groups/canyon-group-resources/canyon-enhancement-guide/189-canyon-enhancement- planning-guide-materials. 3 ACOE (U.S. Army Corps of Engineers). 2008a. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States: A Delineation Manual. By Robert W. Lichvar and Shawn McDolley. August 2008. 4 ACOE. 1987. Corps of Engineers Wetlands Delineation Manual. Online ed. Environmental Laboratory, Wetlands Research Program Technical Report Y-87-1. Vicksburg, Mississippi: U.S. Army Engineer Waterways Experiment Station. January 1987. 5 ACOE. 2008b. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). Environmental Laboratory, ERDC/EL TR-08-28. Vicksburg, Mississippi: U.S. Army Engineer Research and Development Center. September 2008. 6 CNPS (California Native Plant Society). 2001. CNPS Botanical Survey Guidelines. December 9, 1983. Revised June 2, 2001. http://cnps.org/cnps/rareplants/pdf/cnps_survey_guidelines.pdf. 7 CDFG. 2009. “Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities.” CDFG. November 24, 2009. DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 4 All plant species encountered during the field surveys will be identified to subspecies or variety, if applicable, to determine sensitivity status. Moreover, all plant species encountered in the field will be recorded for inclusion in the appendix of the biological resources technical report. If target species are encountered, field personnel will record data points demarcating edge of polygon and assess population numbers using a GPS with sub-meter accuracy. For purposes of preparing a cost estimate, Dudek assumes that suitable habitat for special-status plant species can be surveyed in one pass (May), which will capture the bloom period for the majority of the special-status plants that have potential to occur on site. The rare plant surveys will also be conducted at the same time as the vegetation mapping and jurisdictional delineation. This task also includes a half-day visit at a reference population site to review the blooming status of target species. The methods and results of these surveys will be included in the biology letter report. Subtask 2C Biological Resources Letter Report Dudek will prepare a biology letter report in accordance with the City’s Guidelines for Biological Studies. The biology letter report will describe the proposed project location and information, regulatory context, existing conditions (including vegetation mapping and results from the jurisdictional delineation and rare plant survey), special-status species that have potential to occur on site, impacts analysis, and mitigation measures. The report will include figures and appendices to support the information provided in the report. The report will also summarize relevant information and studies from the 2018 LSA Biological Resources Technical Report and preliminary comments received from California Coastal Commission. This task includes preparation of a draft report for submittal to the City, as well as up to two (2) revisions based on City comments to address clarifications, corrections, or minor analysis revisions in the biology letter report. Estimated Cost ............................................................................................................................................... $19,559 Assumptions  Dudek staff will attend up to four meetings with the City, California Coastal Commission and/or the wildlife agencies regarding the contents of this report.  The scope of work does not include substantial revisions to the biological resources technical report arising due the City changes, revisions based on revised impact footprints, or significant modifications and/or research requested by the City and/or agencies.  This scope of work does not include preparation of a restoration or revegetation plans, mitigation site planning, or preparation of other reports not specified in this scope. Task 3 Air Quality and Greenhouse Gas Emissions Subtask 3A Air Quality Assessment Dudek will prepare an assessment of the air quality impacts of the proposed project utilizing the significance thresholds in Appendix G of the CEQA Guidelines and the San Diego County Air Pollution Control District’s (SDAPCDs) emissions-based thresholds as the basis. The air quality section of the IS/MND will include a brief discussion of criteria 8 Cypher, E.A. 2002. “General Rare Plant Survey Guidelines.” Bakersfield, California: California State University, Stanislaus, Endangered Species Recovery Program. Revised July 2002. http://www.fws.gov/sacramento/ES/Survey-Protocols-Guidelines/Documents/rare_plant_protocol.pdf. DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 5 air pollutants, regional climate, and the attainment status of the San Diego Air Basin. We will identify federal, state, and local regulatory agencies responsible for air quality management; summarize applicable federal, state, and local air quality policies, regulations, and standards, including applicable SDAPCD rules and regulations. Daily criteria air pollutant emission calculations will be included in a technical appendix to the IS/MND. After reviewing all available project materials, Dudek will prepare a request for any outstanding data needed to conduct the analysis. If precise information on a particular factor is not available from Carlsbad staff, Dudek engineers, or City representatives, Dudek will make every effort to quantify these items using the best available information for comparable data sources, but in all cases will consult first with Carlsbad staff regarding the information needed. Dudek will estimate criteria air pollutant emissions associated with the construction phase of the proposed retaining wall project using the California Emissions Estimator Model (CalEEMod). The analysis of short-term construction emissions will be based on scheduling information (e.g., overall construction duration, phasing and phase timing) and probable construction activities (e.g., construction equipment type and quantity, workers, and haul trucks) developed by Carlsbad and/or standardized approaches. Dudek will then evaluate the significance of the construction emissions based on the thresholds established by the SDAPCD. For the purposes of this proposal, we anticipate operational activities associated with the project would be negligible, consisting only of routine inspection and maintenance. As such, a qualitative discussion of potential operational emissions will be included. Similarly, Dudek assumes that an evaluation of whether traffic associated with the project could lead to potential exposure of sensitive receptors to carbon monoxide (CO) hotspots will not be required. Additional Appendix G thresholds will also be evaluated, including the potential for the project to expose sensitive receptors to substantial pollutant concentrations, to cause objectionable odors, or to impede attainment of the SDAPCD air quality plans, specifically the Regional Air Quality Strategy. For budgetary purposes, a construction health risk assessment to evaluate the potential for project-generated construction toxic air contaminants to impact sensitive receptors is assumed to not be required. In addition, project operation is not anticipated to generate stationary sources of toxic air contaminants; therefore, an operational health risk assessment is not included. Subtask 3B Greenhouse Gas Emissions Assessment The greenhouse gas (GHG) emissions section of the IS/MND will include a brief description of global climate change, a summary of key, and applicable regulatory measures. Dudek will estimate the GHG emissions associated with construction of the project using CalEEMod based on the same construction scenario utilized in the air quality analysis. Annual GHG emission calculations associated with construction will be included in a technical appendix to the IS/MND. In regards to long-term operations, GHG emissions are anticipated to be negligible, associated with routine inspection and maintenance, and will be discussed qualitatively. Dudek will assess the significance of the project with respect to the Appendix G thresholds; specifically, whether a project would (a) generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment and (b) conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions. In September 2015, the City of Carlsbad’s Final CAP was adopted, followed by a three-step “CAP Consistency Checklist Questions” on February 2017. Additionally, as described in the Final CAP, the City has determined that development projects that emit less than 900 metric tons (MT) of carbon dioxide equivalent (CO2e) annually would not considerably contribute to cumulative climate change impacts and do not need to demonstrate consistency with the CAP. Dudek will utilize this 900 MT CO2e screening threshold to evaluate the significance of the project. DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 6 In addition, Dudek will discuss how the proposed project complies with state regulations (Assembly Bill 32); General Plan goals, objectives, and policies that help the City contribute to regional GHG reduction efforts; and applicable development standards that would increase energy efficiency, such as the California Building Code, where applicable. In addition, Dudek will provide a qualitative post-2020 analysis that will evaluate whether or not the project-generated GHG emissions would impede the attainment of the 2030 and 2050 reduction goals identified in Senate Bill 32 and Executive Order S-3-05, respectively. Because the City has not adopted a numeric post-2020 threshold or provided guidance for demonstrating that a project will not impede the implementation of State’s post-2020 GHG reduction goals, a qualitative assessment is assumed to be sufficient. Estimated Cost ................................................................................................................................................. $7,440 Task 4 Noise Study Dudek will conduct a noise and vibration analysis of construction activities associated with the proposed project, and assess adverse effects to the surrounding residential community with respect to relevant City of Carlsbad standards and other guidance. Using available information on the anticipated construction equipment roster and schedule, we will use the Federal Highway Administration (FWHA) Roadway Construction Noise Model (RCNM) or a comparable tool/technique at our discretion to predict construction noise levels at up to 4 (four) nearest representative noise- sensitive receivers (e.g., residences) for each of up to four sequential phases of project activities. We will estimate pre-existing outdoor ambient sound levels for the purposes of assisting the noise assessment. If exceedances of applicable noise and vibration standards are predicted, we will provide conceptual mitigation measure recommendations that, if implemented properly, would be anticipated to result in less than significant impacts. Dudek proposes to prepare a draft IS/MND noise section, backed by a technical appendix containing details as needed. Estimated cost .................................................................................................................................................. $3,480 Task 5 Hazards Materials Memorandum Dudek will prepare a memo identifying existing hazardous materials conditions at the project area. The memo will evaluate an EDR radius search in order to identify reports of hazardous materials contamination or usage at the project area or contamination at other sites within the ASTM-standard search radius. Dudek will research sites identified in the EDR radius search. Dudek will review sites with reports on the Regional Water Quality Control Board’s Geotracker website and the Department of Toxic Substances Control’s Envirostor website and located within ½ mile of the project area. The memo will also review historical aerial photographs and topographic maps of the site vicinity. This historical source information can be used to identify historical environmental conditions at the site. This scope does not include a site visit or a Phase I Environmental Site Assessment. Estimated cost .................................................................................................................................................. $2,865 DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 7 II. Preparation of Initial Study/Mitigated Negative Declaration Based on discussions with you, the environmental document needed for the proposed project will consist of a Mitigated Negative Declaration (MND) addressing the environmental effects of the proposed action and associated approvals. The following discussion provides a description of our approach for completing each task necessary for the MND. Task 1: Project Start-Up and Initiation To establish lines of communication between all team members during this initial phase, Dudek project managers and key technical staff will meet with the project team upon receipt of a notice to proceed. The purpose of this meeting is to meet the key team members and clarify roles, establish data exchange procedures, verify project schedule, and collect any additional available data. Prior to the team meeting, Dudek would review materials submitted thus far so that the meeting is productive. The kickoff meeting would be used to discuss the Draft MND table of contents, and project team member roles and responsibilities for various components of the MND. Task 2: First Screencheck Draft MND In close cooperation with City staff, Dudek will prepare the MND in conformance with the criteria, standards, and provisions of CEQA and City guidelines. The Draft MND will be prepared in conformance with the criteria, standards, and provisions of CEQA, the California Public Resources Code Section 21000 et. seq., and the state CEQA guidelines. Dudek will prepare a first screencheck draft of the MND for City review. Dudek will incorporate all comments received from the City into the subsequent screenchecks and will be responsible for making revisions requested by the City. It is assumed a limited (less than 10) hardcopies of each screencheck will be required. A total of two screenchecks will be prepared and provided to the City for its review and approval before the release of the final Draft MND to the public. The document will identify potentially significant environmental effects and, in consultation with the City, Dudek will identify all feasible measures to mitigate those effects to a less than significant level. The MND will include the following sections: 1. Introduction 2. Project Description 3. Initial Study Environmental Checklist (including the environmental checklist and a discussion of the environmental impacts) 4. Mitigation Monitoring and Reporting Program 5. Findings 6. Report Preparation Personnel 7. References and Supporting Information Dudek will conduct the environmental analysis of the project based on the data, background information, and technical studies collected and prepared as part of this work effort. Information from technical reports will be synthesized into the Draft MND for the technical reports listed in Section I above. All other required technical studies (e.g., geotechnical and water quality) would be prepared separately by the City or its consultants. DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 8 Task 3: Second Screencheck Draft MND Upon receipt of comments from City staff on the First Screencheck Draft MND, Dudek will revise the document to prepare the Second Screencheck Draft MND and will submit to the City for review and comment. Task 4: Public Review Draft MND Upon final acceptance of the Second Screencheck MND by the City, the public review Draft MND documents will be prepared. In addition to preparing the MND for the 30-day public review period, Dudek will prepare the Notice of Completion and Notice of Availability, which will accompany the public review documents. Dudek will work with City staff to assemble and notice the Draft MND for public review; it is assumed the City will be the lead for mailing out all notices. Dudek will provide copies of the Draft MND to City staff for distribution during the 30-day public review period. Task 5: Final MND Following conclusion of the public review period, Dudek will address public comments on the Draft MND, provide responses to comments, and prepare revisions to the Draft MND text, if necessary. Dudek will catalog, bracket and categorize all comments on the Draft MND. Dudek will prepare responses to comments for inclusion in the Final MND based on coordination with City staff. For purposes of cost estimation, this proposal assumes Dudek’s responses to no more than 50 individual public comments on the Draft MND from all comment letters received (note that a single comment letter may contain multiple comments). Dudek assumes that comments received related to technical items prepared by other team members (e.g., water quality) would be addressed by the appropriate individual/firm and provided to Dudek for final incorporation into the Final MND document. Dudek will prepare the Mitigation Monitoring and Reporting Program (MMRP) for inclusion in the Final MND. The MMRP will include a brief project description, a list of agencies with jurisdiction over the project, monitoring roles and responsibilities, and general monitoring procedures. For each mitigation measure identified in the Final MND, the party responsible for the monitoring, scheduling, and reporting requirements and effectiveness criteria will be identified. Mitigation measures contained in the MND will be developed in consideration of future monitoring requirements and written in sufficient detail to address impacts of all phases of project development, referencing the appropriate implementing permits such as grading permits, final maps, and landscape plans. Based on comments from City staff, Dudek will prepare the Final MND for certification. We assume preparation of two Screencheck Final MNDs, followed by a Final MND, incorporating City comments. Related to the responses to comments, Dudek will assemble text changes to the Final MND as appropriate. Dudek will assemble the Final MND and provide the necessary copies and digital files to City staff to take the MND through the hearing process to certification. The MMRP will also be finalized for inclusion in the Final MND. The Final MND, responses to comments, and the MMRP will be submitted to the City for distribution. Task 6: Project Management/Meetings and Hearings Dudek will attend project meetings and hearings. This task includes project management and administration, regular progress reports and communication with the City, coordination of project team, and quality control. It is DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Retaining Wall Project, City of Carlsbad, California Page 9 assumed that 4 meetings will be necessary during the approximately 9-month period for MND processing. Additionally, Dudek will attend one Planning Commission hearing and one City Council hearing. ASSUMPTIONS  The City will provide Dudek sufficient information to prepare a detailed project description for use in the CEQA document. Once the project description is determined based on consultation with the CCC and City, Dudek assumes the design will not substantially change once the technical studies and MND are kicked off.  Filing fees for the Notice of Determination at the City and County Clerk’s office, newspaper noticing fees, and any additional fees associated with noticing or distributing the environmental document are not included.  Dudek assumes that comments received related to technical items prepared by other team members will be addressed by the appropriate individual and provided to Dudek for final incorporation into the Final MND document. Estimated cost ............................................................................................................................................... $44,240 DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Task Order Proposal for Environmental Consulting Services under the Master Consulting Agreement, Park Drive Drainage and Street Improvements Project, City of Carlsbad, California Page 10 Cost Summary The services proposed and associated cost estimates are presented in Table 1. All labor hours will be billed monthly on a time-and-material basis, not-to-exceed the total amount in Table 1, and according to Dudek’s 2018 standard schedule of charges per our Master Consulting Agreement. Should additional services be requested or required beyond the scope described herein, a contract amendment may be required. Table 1. Proposal Task Cost Summary Task Item Cost I. TECHNICAL STUDIES AND SUPPORT Task 1. Preliminary Coastal Development Permit Support $15,660 Task 2. Biological Resources $19,559 Task 3. Air Quality and Greenhouse Gas Emissions $7,440 Task 4. Noise Study $3,480 Task 5. Hazardous Materials Memorandum $2,865 Subtotal $49,004 II. MND $44,240 Total Cost Estimated $93,244 The tasks above will be billed on a time-and-material basis not to exceed $93,244. Dudek is able to commence work immediately upon authorization to proceed. Thank you for the opportunity to propose on this task order. Dudek is prepared to commence work immediately upon authorization to proceed. If you have any questions regarding this proposal, please feel free to contact me at 760.479.4228, or sshamlou@dudek.com. Sincerely, _______________________ Shawn S. Shamlou, AICP Principal DocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 Employee Shawn Shamlou Vanessa Currie Callie J Amoaku Kathleen Dayton Erin Bergman Mackenzie Forgey Olivia L Koziel Vipul R Joshi Andrew W Greis Mark Storm Connor A. Burke Nicole Peacock Sarah F Richmond Amber Geraghty Melis Okter Billing Category Project Director Specialist/Planner I Senior Specialist I Specialist V Specialist IV Analyst III Analyst I Project Director/Environme ntal GIS Specialist III Specialist IV Publications Specialist ll Publications Specialist lll Planner IV Analyst II Snr Engineer III Hydro Engineer I Specialist V Coastal Planner II Specialist III % Used on job Phase 240.00 125.00 215.00 175.00 165.00 115.00 95.00 240.00 145.00 165.00 95.00 105.00 195.00 105.00 210.00 110.00 180.00 220.00 160.00 Task 1. Prelim CDP Support 12 9 72 93 15,660 15,660.00 Task 2. Biological Resources 37 16 24 16 6 12 8 119 18,975 - 534 50 19,559.00 Task 3: AQ/GHG 36 4 6 46 7,440 - - 7,440.00 Task 4: Noise Study 1 8 16 25 3,480 - - 3,480.00 Task 5: Haz Materials Memo 4 15 19 2,490 - - 375 2,865.00 - - - - - Mitigated Negative Declaration - - - - - Task 1: Project Start-up 2 2 4 730 - - 730.00 Task 2: First Screencheck Draft MND 24 80 104 15,760 - - 15,760.00 Task 3: Second Screencheck Draft MND 16 40 56 8,840 - - 8,840.00 Task 4: Public Review Draft MND 8 24 32 4,920 - - 4,920.00 Task 5: Final MND 20 56 76 11,800 - - 11,800.00 Task 6: PM/Meetings and Hearings (4)8 8 16 2,920 - - 2,920.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total Hours 37 16 - 24 16 6 12 36 8 4 8 16 4 15 18 9 72 301 47,805 48,764.00 Total Billing 7,955 2,800 - 2,760 1,520 1,440 1,740 5,940 760 420 1,560 1,680 840 1,650 3,240 1,980 11,520 47,805 - - - 534 425 93,244.00$ Labor Hours Labor @ Billing RatesSub-Consultant COSTReimburseables COSTSub-Consultant BILLINGReimburseables BILLINGDIRECT COSTSTotalDocuSign Envelope ID: 0D75577F-A2C1-4D9B-8F5D-7A3677331E04 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 8/27/2018 Hall &CompanyA/E Insurance Services1966010thAveNEPoulsboWA98370 Allison Barga License #0K93926 360-626-2007 360-626-2007 abarga@hallandcompany.com Zurich American Insurance Company 16535 25 Steadfast Insurance Company 26387Dudek6053rdStreetEncinitasCA92024 316240811 A X 1,000,000 X 100,000 X OCP/XCU/BFPD 10,000 X Cross Liability 1,000,000 2,000,000 X GLO014631102 8/28/2018 8/28/2019 2,000,000 A 1,000,000 X X X BAP014632902 8/28/2018 8/28/2019 A X X 1,000,000 X AUC014640702 8/28/2018 8/28/2019 1,000,000 A X N WC014633002 8/28/2018 8/28/2019 1,000,000 1,000,000 1,000,000 B ProfessionalLiabClaimsMadeContractorsPollutionLiab:Occur PEC014631402 8/28/2018 8/28/2019 $1,000,000PerClaim$1,000,000Aggregate TRAN1541Thecertificate holder is an additional insured per the attached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 GLO014631102 08/28/2018 08/28/2019 08/28/2018 N/A BAP014632902 08/28/2018 08/28/2019 08/28/2018 N/A N/A N/A GLO014631102 08/28/201808/28/2018 08/28/2019 WC014633002 PSA 19-563CA MASTER AGREEMENT FOR ENVIRONMENTAL PLANNING/ STUDIES SERVICES DUDEK THIS AGREEMENT is made and entered into as of the .2-,~ day of n) OJ:f.&Y\f\QeU::::: , 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and Dudek, a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in environmental planning and studies. 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 environmental planning and studies. 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 19-563CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) 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. 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 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. 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. City Attorney Approved Version 6/12/18 2 PSA 19-563CA 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 6/12/18 3 PSA 19-563CA 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 19-563CA 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 Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Shawn Shamlou Title Project Manager Address 605 Third Street Encinitas, CA 92024 Phone No. 760-479-4228 Email sshamlou@dudek.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. 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. Yes0 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 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 unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City City Attorney Approved Version 6/12/18 5 PSA 19-563CA 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, 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 this Agreement and not in anticipation of litigation or in conjunction with litigation. 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. 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 City Attorney Approved Version 6/12/18 6 PSA 19-563CA 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. PUBLIC 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 public 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 Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-563CA 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 _____ day of __________ , 2018. CONTRACTOR Dudek, a California corporation (print name/title) ( s-ffart Secretary CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: If required by the City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 8 ACKNOWLEDGMENT 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 SJibl v1e-60 On _o_l,_-(_o_~_kl\. __ 3_, _.J)-_a_,_I' __ before me, _ __,;7)=-<-"-A.a..:N--='4"'-=--!<J"-11. ...... , _N_tJ_1.,.._'IJ..,_µ/.....___....:.A--=":...;::8'-"Ue..:....:~;.__ __ (insert name and title of the officer) personally appeared ___ H_ll._A_M_'K __ ?>_v_Dl:IJ(. __ A_M_'0_[_111_11,,_v_H._11_.t._-f _______ -e-_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))Slare subscribed to the within instrument and acknowledged to me thatJ,(e/~e/they executed the same in ~/l}er/their authorized capacity(ies), and that by ~Q:1€r/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J 1············~ __ DANIEL Kil : ~-.... , --... Notary Public -California 2 ~ /" .. , San Diego County la z · .. · Commission# 2187922 ~ My Comm. Expires Mar 29, 2021 (Seal} PSA 19-563CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of environmental planning and study related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A Agency coordination B. Biological monitoring C. Environmental initial studies & minor environmental documentation D. Mitigation & monitoring plans E. Preparation of technical studies F. Site surveys G. Special studies H. Sustainability research Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 DUDEK 2018STANDARDSCHEDULEOFCHARGES PSA 19-563CA ENGl.'IIEERING Si:RVICES Project Director ........................................................................... $275.00/hr Principal :ngineer Ill ................................................................... $245.00/hr Principal =ngineer 11 .................................................................... $235.00/hr Principal :engineer 1 ..................................................................... $225.00/hr Program Manager ....................................................................... $215.00/hr Senior Pr:>ject Manager .............................................................. $2~ 5.00/hr Project Manager ......................................................................... $210.00/hr Senior Engineer 111 ...................................................................... $205.00/hr Senior Engineer II ...................................................................... $195.00/hr Senior Engineer I ....................................................................... $185.00/hr Project Engineer IVfrechnician IV .............................................. $175.00/hr Project 2ngineer Ill/Technician 111 ................................................ $165.00/hr Project Engineer lltTechnician 11 .................................................. $150.00/hr Project Engineer I/Technician I ................. . ................. $135.00/hr Project Coordinator ..................................................................... $105.00/hr Engineering Assistant ................................................................. $100.00/hr E~VIRONM::NTAL S:R'✓ICES Principal.. .................................................................................. $240.00/hr Senior Project Manager/Specialist 11.. .......................................... $225.00/hr Senior Project Manager/Specialist 1. ............................................ $215.00/hr Enviror.mental Specialist/Planner VI ............................................ $195.00/hr Environmental Specialist/Planner V ............................................. $175.00/hr Environmental Specialist/Planner IV ............................................ $165.00/hr Environmental Specialist/Planner l11 ............................................ $155.00/hr Enviror.mental Specialist/Planner 11 ............................................. $140.00/hr Enviror.rr.ental Specialist/Planner 1 .............................................. $125.00/hr Ana:yst 111. ................................................................................... $115.00/hr Ana.yst 11. .................................................................................... $105.00/hr Ana;yst 1... .................................................................................... $95.00/hr Planning Assistant II ..................................................................... $85.00/hr Planning Assistant I ...................................................................... $75.00/hr C::JASTAL PLA)lNING/PcucY SE:RVICES Senior Project Manager/Coastal Planner 11 .................................. $220.00/hr Senior Project Manager/Coas:al Planner 1 ................................... $210.00/hr Environmental Specialist/Coastal Planner VI ............................... $200.00/hr Environmental Specialist/Coastal Planner V ................................ $180.00/hr Environmental Specialist/Coastal Planner IV ............................... $170.00/hr Environmental Specialist/Coastal Planner Ill ............................... $160.00/hr Environmental Specialist/Coastal Planner II ................................ $150.00/hr Environme:1tal Specialist/Coastal Planner I ................................. $140.00/hr CU!.. ¥URAL AND PALEONTOL:::GICAL SERv;c1:s Senior Project Manager/Archaeologist II ..................................... $215.00/hr Senio:-Project Manager/Archaeologist I ...................................... $205.00/hr Environmental Specialist/Archaeologist V .................................... $185.00/hr Environmental Specialist/Archaeologist IV ................................... $165.00/hr Environmental Specialist/Archaeolcgist 111 ................................... $145.00/hr Environmental Specialist/Archaeologist 11 .................................... $135.00/hr Environmental Specialist/Arehaeolcgist ! ..................................... $125.00/hr Environmental Specialist/Architectural Historian II ....................... $150.00/hr Environmental Specialist/Architectural Historian I ........................ $125.00/hr Env:ronmental Specialist/Paleontologist 11 .................................. $165.00/hr Environmental Specialist/Paleontologist I .................................... $125.00/hr Paleontological Technician 111 ........................................................ $85.00/hr Paleontological Technician 11 ......................................................... $75.00/hr Paleontological Technician 1 .......................................................... $55.00/hr Cultural Resources Technician 11. .................................................. $75.00/hr Cultural Resources Technician 1. ................................................... $55.00/hr CONSTRLC,:ON MANAGEMENT SER1ilCES Principa,/Manager ....................................................................... $195.00/hr Senior Construction Manager ..................................................... $180.00/hr Senior Project Manager .............................................................. $160.00/hr Construction Manager.. . ...................................................... $150.00/hr Project Manager ......................................................................... $140.00/hr Resident Engineer ..................................................................... $140.00/hr Construction Engineer ................................................................. $135.00/hr On-site Owner's Representative .................................................. $130.00/hr Construction Inspector 111 ............................................................ $125.00/hr Construction Inspector II ............................................................. $115.00/hr Construction Inspector I .............................................................. $1 OS.OD/hr Prevailing 'JI/age Inspector .......................................................... $135.00/hr Co:vlPUA\.iCE SER\/lC'.=:S Compliance Director ......................................................... $205.00/hr Compliance Manager. ............................................................... $145.00/hr Compliance Project Coordinator...... . ........................... $105.00/hr Compliance Monitor... .................... . ................................ $95.00/hr DUDEK UAS S::RVICES UAS Principal ............................................................................. $240.00/hr UAS Project Manager .................................................................. $130.00/hr UAS Pilot 11 ................................................................................... $85.00/hr UAS Pilot 1 .................................................................................... $75.00/hr UAS Data Analyst 11 ...................................................................... $85.00/hr UAS Data Analyst 1 ....................................................................... $75. DO/hr HYDROGEOLOGICAL SERVICES Principal ...................................................................................... $260.00/hr Principal Hydrogeologist/Engineer ............................................... $240.00/hr Sr. Hydrogeologist IV/Engineer IV ............................................... $225.00/hr Sr. Hydrogeologist Ill/Engineer Ill ................................................ $21 D.00/hr Sr. Hydrogeologist II/Engineer II .................................................. $195.00fnr Sr. Hydrogeologist I/Engineer I .................................................... $180.DO/hr Hydrogeologist VI/Engineer VI .................................................... $160.00/hr Hydrogeologist V/Engineer v ....................................................... $150.00/hr Hydrogeologist IV/Engineer IV ..................................................... $140.00/hr Hydrogeologist Ill/Engineer Ill ...................................................... $130.00/hr Hydrogeologist II/Engineer ll ........................................................ $120.00/hr Hydrogeologist I/Engineer l .......................................................... $110.00/hr Technician ................................................................................... $100.00/hr DISTRICT MANAG:::M::NT & OPERATIONS District General Manager ............................................................. $185.00/hr District Engineer .......................................................................... $175.00/hr Operations Manager ................................................................... $150.00/hr District Secretary/Accountant ...................................................... $100.00/hr Collections System Manager ....................................................... $100.00/hr Grade V Operator ........................................................................ $100.00/hr Grade IV Operator ........................................................................ $90.00/hr Grade Ill Operator ........................................................................ $85.00/hr Grade II Operator ......................................................................... $63.00/hr Grade I Operator .......................................................................... $55.00/hr Operator in Training ...................................................................... $40.00/hr Collection Maintenance Worker II ................................................. $60.00/hr Collection Maintenance Worker i .................................................. $45.00/hr OFFICE SERViCES Technical/Drafting/GADD SeNices 3D Graphic Artist ......................................................................... $165.00/hr Senior Oesigner ........................................................................... $155.00/hr Designer ...................................................................................... $145.00/hr Assistant Designer ....................................................................... $140.00/hr GIS Programmer I ....................................................................... $180.00/hr GIS Specialist IV .......................................................................... $155.00/hr GIS Specialist Ill .......................................................................... $145.00/hr GIS Specialist ll ........................................................................... $135.00/hr GIS Specialist I ............................................................................ $125.00/hr CACO Operator Ill ....................................................................... $135.00/hr CADD Operator II ........................................................................ $130.00/hr CADO Operator l ......................................................................... $115.00ihr CADD Drafter .............................................................................. $105.00/hr CADD Techr.ician .................... . ....................................... $100.00/hr 51.:P?ORT SERVICES Technical Editor Ill ...................................................................... .$145.00/hr Technical Editor II ........................................................................ $130.00/hr Technical Editor I ......................................................................... $115.00/hr Publications Specialist lll .............................................................. $105.00/hr Publications Specialist 11 ................................................................ $95.00/hr Publications Specialist 1 ................................................................ $85.00/hr Clerical Administration 11 ............................................................... $90.00/hr Clerical Administration 1 ............................................................... $85.00/hr Forensic Engineering -Court appearances, depositions. and interrogat~fies as expert witness will ~e billed at 2.00 times norrna: rates. Emergency and Holidays -Minimum charge cf two hOU?"S will be OiUed at 1. 75 -:imes the normal ·ate. Material and Outside Services -Subcontractors, --ent.al of special eqi,,;ipment, speeia' reprodudons and bluepr:nting, outside data processing and co:-:1puter services. t!tc., a!"e charg4!d at 1. 15 fr·-,es the d.ired cost _ Travel Expenses -Mileage at current IRS aLowaole ra:es. Per diem where overnight stay \S i'1voJved :s. chargee at c:ost Invoices, Late Charges -Al fees ,,,.,,a :,e b!lled ~c Client monthly and shall be .1ue and pa~ble upon receipt. Invoices are de!inc:uer:t rf not pa;d withfn 30 days from :he date of t!ie invo:ce. Clien~ agtees to pay a 'Tlon:hly lat~ cnarge equal tc 11)/o ~et month at the outstar:ding balance until oaid in ft...11. Annual Increases -Unless idertifiec otherwise, :hese standard --ates will i;;a-ease 3% annually. Effective January 1, 2018 10 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 8/27/2018 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 ~2:1~CT Allison BarQa License #OK93926 Hall & Company ;1)gN,_t i=vt1• 360-626-2007 I FAX A/E Insurance Services IA/C Nol: 360-626-2007 19660 10th Ave NE i~lJ~ss: abarQa@hallandcompany.com Poulsbo WA 98370 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED 25 INSURER B : Steadfast Insurance Company 26387 Dudek 605 3rd Street INSURERC: Encinitas CA 92024 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 316240811 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 ,;~hl%~ POLICY EXP LTR TYPE OF INSURANCE ,.,<:n ·••= POLICY NUMBER IMM/DDNYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY GL0014631102 8128/2018 8/28/2019 EACH OCCURRENCE $1,000,000 f--• CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $100,000 X OCP/XCU/BFPD MED EXP (Any one person) $10,000 X Cross Liability f--PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0PRO-•LOC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY BAP014632902 8/28/2018 8/28/2019 COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ f--X ANY AUTO BODILY INJURY (Per person) $ f--OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY ~ AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ ~ $ A X UMBRELLA LIAB M OCCUR AUC014640702 8128/2018 8/28/2019 EACH OCCURRENCE $1,000,000 f--X EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 OED I I RETENTION $ $ A WORKERS COMPENSATION wco 14633002 812812018 8/28/2019 X I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ~ NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH} E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Professional Liab Claims Made PEC014631402 8128/2018 8/28/2019 $1,000,000 Per Claim Contractors Pollution Liab: Occur $1,000,000 Aggregate ✓ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} TRAN1541 The certificate holder is an additional insured per the attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 au; z µ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Waiver Of Subrogation (Blanket) Endorsement Policy Nu. Eff. Date or Pol. Exp. Dale of Pol. Eff. Dale or End. Producer Add'I. Prem Return Prem. GLO014631102 08/28/2018 08/28/2019 08/28/2018 N/A s N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liabilily Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your right~ of recovery from others, we agree to waive our right~ of recovery. This waiver of right~ shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page I of I g Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I Prem Return Prem. BAP014632902 08/28/2018 08/28/2019 08/28/2018 N/A N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A 1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the ''Insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 1 of 6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc .. with its permission. U-CA-424-F CW (04/14) Page 2 of 6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". lndudes copyrighted material of Insurance Services Office, Inc .. with its permission. U-CA-424-F CW (04/14) Page 3 of 6 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos -Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission. lJ..CA-424-F CW (04/14) Page 4 of 6 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation r:i these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: ''Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc., with its permission. LJ.CA-424-F CW (04/14) Page 5 of 6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill -Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. U-CA-424-F CW (04/14) Page 6 of 6 Additional Insured -Automatic -Owners, Lessees Or Contractors 0 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO014631102 08/28/2018 08/28/2019 08/28/2018 64955000 ---------- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 2 of 2 Policy Number: WC0 14633002 WORKERS' COMPENSATION ANO EMPLOYERS' LIABILITY INSURANCE POLICY WC040300 Ed. 4-84). WAIVER OF OUR RJGHTTO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA 1Ne 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 t!1e Sct1edule. (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 payrol! records accurately segregating the remuneration of your employees while engaged rn the work described in the Schedule. The additional premium tor thls endorsement shalt be 0 mium otherwise due cm such remuneration. Person or Organization Schedule Job Description ALL PERSONS A.NO/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT O.R LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THI$ POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4-84) we 04 os 06 (ErJ. 4-84) % of the California, workers' compensation pre• Page 1 ot 1