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Dudek; 2018-11-28; PSA19-607CA
PSA19-607CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 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 a Trash Amendments Roll Out Plan (THE “Project”). Project services shall include a kickoff meeting, focused city department meetings, non-structural BMP pilot studies, a trash amendment roll out plan, and project management services. 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 ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by January 30, 2020. 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 scope of work. 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 $41,270. DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 June 4, 2019 PSA19-607CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT TRASH AMENDMENTS ROLL OUT PLAN TASK GROUP TIME & MATERIALS Task 1 - Kickoff Meeting $3,145 Task 2 - Focused City Department Meetings $6,995 Task 3 - Pilot Projects Selection and Assessment $8,155 Task 4 - Roll Out Plan $17,275 Task 5 - Project Management $5,700 TOTAL (Not-to-Exceed) $41,270 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: 68B5BFD3-EFE3-4519-BA89-931242093716 June 4, 2019 May 13, 2019 Mr. Tim Murphy City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Scope to provide services for Trash Amendments Roll Out Plan Greetings Mr. Murphy: Thank you for the opportunity to discuss the development of planning studies to support the City of Carlsbad (city) to meet compliance requirements for municipal separate storm sewer system (MS4) trash discharges to receiving waters. Dudek is pleased to submit this proposal and fee estimate for professional services. INTRODUCTION The purpose of this work is to prepare guidance to support the city’s compliance approach to install, operate and maintain full trash capture systems or equivalent control measures for areas that convey runoff from certain land uses within the city to receiving waters. Regulatory drivers for this work include the Amendment to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) to Control Trash and Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE Plan). Collectively, these documents are referred to as the ‘Trash Amendments’. The city selected a Trash Amendments Track 2 compliance approach. Track 2 allows for the use of any combination of controls (structural and/or institutional) to remove trash greater than 5mm in size conveyed via the MS4 from priority land use areas. The Track 2 approach requires monitoring and assessment to demonstrate the combination of controls is equivalent to installation of a network of structural devices that meet certain parameters that define them as full capture systems (FCS). To address Trash Amendments regulatory requirements, the city prepared and submitted a Track 2 Implementation Plan (Implementation Plan) to the Regional Water Quality Control Board San Diego Region (RWQCB) in December 2018. This scope of work includes tasks and costs to develop an iterative planning framework for the city’s combination of controls to meet Trash Amendments requirements (Roll Out Plan). PSA19-607CA - Task No. 1 Appendix "A" DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 Scope of Work: Trash Amendments Roll Out Plan 2 May 2019 SCOPE OF SERVICES As directed by the city Project Manager, the Consultant will provide the following services. Task 1- Kickoff Meeting The Consultant will conduct a kickoff meeting with city staff to discuss the scope of the Track 2 Roll Out Plan framework and requirements. The Consultant will review the Track 2 Implementation Plan and develop a data needs and activity list for city actions as part the implementation approach. The Consultant and city staff (project team) will work collaboratively to identify other data needs based on phased implementation of structural and non-structural controls aligned with the submitted Implementation Plan. As part of the kickoff meeting process, the Consultant will prepare a collaborative project schedule detailing anticipated periods when specific city staff involvement will be required. This will allow project needs to be coordinated with other city staff priorities. The Consultant will prepare and distribute meeting notes and the project involvement schedule to document project decisions. Task 2- Focused City Department Meetings The Consultant will support city Watershed Protection staff to conduct a series of focused meetings with city departmental staff potentially impacted by Trash Amendments planning, implementation or maintenance activities. Contributing city departments are anticipated to include: Environmental Management, Public Works, General Services, Transportation, Community and Economic Development, Real Estate, and others identified by the city Project Manager. Meeting content shall include discussion of data compilation for various city data sets including existing FCS and maintenance practices in city MS4 and priority land use as well as administrative elements related to city Trash Amendments planning and operational efforts. Expected outcomes of the focused meetings will contribute to development of the Roll Out Plan. The Consultant will prepare meeting agendas and notes for each focused meeting. Task 3 – Non-structural BMP Pilot Studies The Consultant will coordinate with city staff to develop short-term pilot studies to inform development of long-term Trash Amendments compliance parameters. The pilot studies will be structured to evaluate a subset of non-structural BMP trash control methods identified in the 2018 Implementation Plan including street sweeping, existing development inspections, outreach and education, and potential structural BMP retrofits. Under this task, the Consultant will analyze the aggregate quantity of trash collected and spatial distribution for comparison with land uses, other existing and planned BMPs for trash control, and baseline on-land visual trash assessment (OVTA) survey results. The pilot studies will also consider additional performance monitoring methods. PSA19-607CA - Task No. 1 Appendix "A" DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 Scope of Work: Trash Amendments Roll Out Plan 3 May 2019 Task 4 – Trash Amendments Roll Out Plan The Consultant will compile data from the Implementation Plan, baseline OVTAs, focused department meetings and pilot study concepts and develop a Roll Out Plan for city Trash Amendments compliance. The iterative plan will outline tasks and schedules for administrative and other actions and monitoring activities for trash controls. Planned tasks include modifications to inspection programs, data collection and monitoring activities, ordinance updates, and fiscal planning for current and proposed BMPs. A key Roll Out Plan element is identification of criteria to guide planning and prioritization for implementation of FCS or other engineered trash control projects through the city CIP process. Two proposed iterations of the Roll Out Plan are detailed as follows. A preliminary draft Roll Out Plan will include short-term activities and administrative planning for the remaining calendar year 2019 (CY 19). The preliminary draft will detail pilot studies and other short-term trash control activities identified through focused department meetings and as directed by city Watershed Protection staff. This initial draft will serve as a working template for development of the long-term Roll Out Plan. The Consultant will coordinate with city staff to review the preliminary draft Roll Out Plan and prepare a final Roll Out Plan in CY 19. The Roll Out Plan deliverable will be an iterative plan to provide city staff with program information to manage and monitor trash controls identified in the Implementation Plan and will be structured around a three (3) year fiscal planning cycle. The plan will identify specific activities and targets for fiscal year 2021 (FY 21) and adaptive management strategies for FY 22 and 23. A key component of the plan will be an annual compilation and analysis of data from ongoing programs to influence funding and other decisions and actions for the upcoming year. Task 5 – Project Management The Consultant will provide project management for each task under this scope of work, including meeting attendance, meeting minutes, coordination, periodic progress report preparation, schedule control, quality assurance and quality control, and project administration. PSA19-607CA - Task No. 1 Appendix "A" DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 Scope of Work: Trash Amendments Roll Out Plan 4 May 2019 DELIVERABLES AND SCHEDULE Project milestones and deliverables are presented in Table 1. Table 1. Project Milestone/Deliverable Dates Deliverable Description Schedule Kickoff Meeting Discuss Roll Out Plan framework and development schedule Within 1 week of notice to proceed Focused Department Meeting Notes Discuss department-specific actions and criteria for Trash Amendments implementation May-June, 2019 Preliminary Draft Roll Out Plan Prepare draft CY 19 Roll Out Plan June 28, 2019 Draft Roll Out Plan Prepare draft Roll Out Plan for FY 21-23 November 20, 2019 Final Roll Out Plan Prepare final Roll Out Plan for FY 21-23 December 20, 2019 A detailed fee estimate is provided in Exhibit A. We sincerely appreciate the opportunity to provide a proposal for this work and we are looking forward to working with the city. If there are any questions or comments, please call or email me at (760) 479-4143 or bevans@dudek.com. Sincerely, _______________________ Bryn Evans Senior Project Manager Exhibits: (A) Fee Estimate PSA19-607CA - Task No. 1 Appendix "A" DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 5/22/2019 Labor Hours and Rates Project Team Role: PIC PM Senior Engineer II GIS Project Engineer III Project Engineer I Admin Team Member:Metts Evans Rieger Battle Brown Leiker Kinney Billable Rate :$275 $215 $195 $145 $165 $135 $105 Task 1 - Kickoff Meeting 1-1 Meeting Preparation/Data Needs Review/Meeting Attendance and Minutes 8 8 1 17 3,145$ 3,145$ Subtotal Task 1 8 8 1 17 3,145$ -$ 3,145$ Task 2 - Focused City Department Meetings 2-1 Focused Meetings 16 2 16 2 1 37 6,745$ 250$ 6,995$ Subtotal Task 2 16 2 16 2 1 37 6,745$ 250$ 6,995$ Task 3 - Pilot Projects Selection and Assessment 3-1 Pilot Projects 8 12 20 8 3 51 8,155$ 8,155$ Subtotal Task 3 8 12 20 8 3 51 8,155$ -$ 8,155$ Task 4 - Roll Out Plan 4-1 Roll Out Plan 2 16 8 16 40 20 1 103 17,275$ 17,275$ Subtotal Task 4 2 16 8 16 40 20 1 103 17,275$ -$ 17,275$ Task 5 - Project Management 5-1 Project Management 16 8 8 32 5,600$ 100$ 5,700$ Subtotal Task 5 16 8 8 32 5,600$ 100$ 5,700$ Total Hours and Fee 2 64 8 30 92 30 14 240 40,920$ 350$ 41,270$ Percent of Hours:1%27%3%13%38%13%6%100% City of Carlsbad OTHER DIRECT COSTS TOTAL FEE TOTAL HOURS DUDEK LABOR COST Exhibit A - Fee Estimate Trash Amendments Roll Out Plan PSA19-607CA - Task No. 1 Appendix "A" DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 PSA19-607CA - Task No. 1 DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 PSA19-607CA - Task No. 1 DocuSign Envelope ID: 68B5BFD3-EFE3-4519-BA89-931242093716 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 19-607CA MASTER AGREEMENT FOR ENVIRONMENTAL/STORMWATER SERVICES DUDEK THIS AGRE~ is made and entered into as of the 2 Cf)m day of Nw£VV\\0e , 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 and stormwater services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental stormwater. 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 19-607CA 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 19-607CA 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. City Attorney Approved Version 6/12/18 3 PSA 19-607CA 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by the City to obtain or maintain insurance and the City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. The City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to the City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA 19-607CA 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 Bryn Evans Title Project Manager Address 605 Third Street Encinitas, CA 92024 Phone No. 760-942-5147 Email bevans@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. Yes~ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or 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 19-607CA 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 19-607CA 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 19-607CA 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 ,gn here) Dudek Frank Dudek Ch~lrman / CEO (print name/title By~ Q_[-\f ~ -, ~ c:, (sign here) Emily Hart Se~reta~. CITY OF CARLSBAD, a municipal corporation of the State of California By: 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 BY ~s:¥ 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 VA N 7) let. b On Dt.:1DOl4. tj, ~6/cf before me, 7!>Atvia k7i.. NJ1.AfLAI P1JBLA' --------'------(insert name and title of the officer) personally appeared ____ n_R._A_tJ_,_<" __ D_v_J_eJ< __ fi_AJ_o __ c_A_l_c.._'f __ H,_'A_A,_1 _____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))5/are subscribed to the within instrument and acknowledged to me that.l;te/stie/they executed the same in hi8iper/their authorized capacity(ies), and that by ):Hs/Aef/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. ············~ DANIEL KIL J Et···~ Notary Public -California z 1 :·· San Diego County ~ z . 4 Commission # 2187922 · My Comm. Expires Mar 29, 2021 (Seal) PSA19-607CA 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. Trash amendments compliance B. Illicit discharge detection elimination (IDDE) investigations C. Program regulatory compliance D. Emergency action plan/ support E. Monitoring Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 DUDEK PSA 19-607CA 2018 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director .......................................................................... $275.00/hr Principal Engineer Ill .................................................................. $245.00/hr Principal Engineer 11.................. .... ... . . ...... $235.00/hr Principal Engineer 1 ..................................................................... $225.00/hr Program Manager ....................................................................... $215.00/hr Senior Project Manager .............................................................. $215.00/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 IVfTechnician IV ............................................... $175.00/hr Project Engineer I11/fechnician 111 ................................................ $165.00/hr Project Engineer II/Technician 11 .................................................. $150.00/hr Project Engineer I/Technician 1 ................................................... $135.00/hr Project Coordinator .................................................................... $105.00/hr Engineering Assistant ................................................................. $100.00/hr ENVIRONMENTAL SERVICES Principal.. ........................................................................ , ........... $240.00/hr Senior Project Manager/Specialist 11 ............................................ $225.00/hr Senior Project Manager/Specialist 1 ............................................. $215.00/hr Environmental Specialist/Planner VI. ........................................... $195.00/hr Environmental Specialist/Planner V.................. .. ...... $175.00/hr Environmental Specialist/Planner IV ............................................ $165.00/hr Environmental Specialist/Planner 111 ............................................ $155.00/hr Environmental Specialist/Planner 11 ............................................. $140.00/hr Environmental Specialist/Planner 1 .............................................. $125.00/hr Analyst Ill.. ....................................................................... $115.00/hr Analyst 11 ..................................................................................... $105.00/hr Analyst 1... ..................................................................................... $95.00/hr Planning Assistant II ..................................................................... $85.00/hr Planning Assistant I ...................................................................... $75.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner 11 .................................. $220.00/hr Senior Project Manager/Coastal 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 SpecialisVCoastal Planner Ill ............................... $160.00/hr Environmental Specialist/Coastal Planner II ................................ $150.00/hr Environmental Specialist/Coastal Planner I ................................. $140.00/hr CULTURAL AND PALEONT0L0GICAL SERVICES Senior Project Manager/Archaeologist II ..................................... $215.00/hr Senior Project Manager/Archaeologist I ...................................... $205.00/hr Environmental Specialist/Archaeologist V .................................... $185.00/hr Environmental SpecialisVArchaeologist IV .................................. $165.00/hr Environmental Specialist/Archaeologist 111 ................................... $145.00/hr Environmental Specialist/Archaeologist 11 .................................... $135.00/hr Environmental SpecialisVArchaeologist I ..................................... $125.00/hr Environmental Specialist/Architectural Historian 11 ....................... $150.00/hr Environmental Specialist/Architectura.t Historian I.... . ........ $125.00/hr Environmental Specialist/Paleontologist II ................................... $165.00/hr Environmental Specialist/Paleontologist 1 .................................... $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 CONSTRUCTION MANAGEMENT SERVICES Principal/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 Ill ............................................................ $125.00/hr Construction Inspector II ............................................................. $115.00/hr Construction Inspector I ............. ................................... .. ...... $105.00/hr Prevailing Wage Inspector........... .................... . ............... $135.00/hr C0M?l..lANCE S!:RVICES Compliance Director........... ......... .......... .. ......... $205.00/hr Compliance Manager........................ .. ... $145.00/hr Compliance Project Coordinator...... . ... $105.00/hr Compliance Monitor ...................................................................... $95.00/hr DUDEK 10 UAS SERVICES 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 I.. .. ................................... $75.00/hr HYDROGE0L0GICAL SERVICES Principal ...................................................................................... $260.00/hr Principal Hydrogeologist/Engineer ............................................... $240.00/hr Sr. Hydrogeotogist IV/Engineer IV. .. ................... $225.00/hr Sr. Hydrogeologist Ill/Engineer Ill .......... .. ...................... $210.00/hr Sr. Hydrogeologist II/Engineer II .................................................. $195.00/hr Sr. Hydrogeologist I/Engineer I ......................... .. ................... $180.00/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 lll ...................................................... $130.00/hr Hydrogeologist II/Engineer ll ........................................................ $120.00/hr Hydrogeologist I/Engineer l .......................................................... $110.00/hr Technician............................................................ . ......... $100.00/hr DISTRICT MANAGEMENT & 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 11 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 Technica!/Orafting/CADD Ser.tices 3D Graphic Artist................................................. . ................... $165.00/hr Senior Designer ........................................................................... $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 11 ........................................................................... $135.00/hr GIS Specialist 1 ............................................................................ $125.00/hr CADD Operator Ill ....................................................................... $135.00/hr CADD Operator II ........................................................................ $130.00/hr CADD Operator I ......................................................................... $115.00/hr CADD Drafter .............................................................................. $105.001hr CADD Technician ........................................................................ $100.00/hr SUPPORT SERVICES Technical Editor 111.................. .. ......................................... $145.00/hr Technical Editor II ........................................................................ $130.00/hr Technical Editor l ......................................................................... $115.00/hr Publications Specialist lll .............................................................. $105.00/hr Publications Specialist 11.. .............................................................. sgs.oo1hr Publications Specialist I................... . ........................ $85.00/hr Clerical Administration II .... .. .................................................... $90.00/hr Clerical Administration I............................. . ..................... $85.00/hr Forensic Engineering -C:>urt appearances, depositions, a,d i".terrogatories as expert witness wi:J be bHJed at 2.00 times nomiaJ rates. Emergency and Holidays -Minimum charge of two hours will .be billed at 1. 75 tim~s the nanna! rate. Material and Outside Services -S1,.1bcontractors, rental of special equipment special repro.::i:uctions and bluepr:nting. outside :'ata processing and computer services, etc., are charged at 1. ~ 5 times tre direct cost. Travel Expenses -Mileage at curr~nt IRS allowable rates. Per diem where overnight stay ;s involved is charged at ccst Invoices, Late Charges -Aa fees will be billed to C:lient mont.'"lty anj sha/1 be due and payaole ..;po:: receipt. Invoices are deli::quent if ~.ot paid wr.hin 30 days from the date of the invoice. Client agrees to pay ~ mor.th!y late charge equa, 10 1 % per month of the outstancHng balance cntil paid in full Annual Increases -Unless · dentified oTler..vise, these s1andc:r.j rates 'Nill increase ~/4 aL"'.nuaty. Effective January 1, 2018 ~ UNDERGROUND SOLUTIONS "~ POSITIVE~ STAFF ITEM NAME TITLE 1 Thomas (T.C.) Mueller VP Field Operations 2 Travis Leigh Gen. Superintendent 3 Chris Mueller Foreman 4 Vince Dominguez Plans/Permits 5 Adma Perez Contracts/ Admin LOCATING (1-man crew} ITEM NAME RATE 1 Electromagnetic locating $200/hr 2 GPR locating $250/hr 3 Utility Vault Dips -each $150/each 4 Sonde/Push Rod locating $225/hr POTHOLING {Yacmaster 4000 incl 2-men crew} ITEM NAME RATE 1 Pothole Service (Prevailing Wage}per hour/reg $300/hr 2 Pothole Service (Prevailing Wage)per hour/premium $350/hr 3 Cold-Mix Asphalt (each) $25/each 4 Penna Patch / Rapid Set/Hot Mix Asphalt Repairs $100/each 5 Hot-Patch Asphalt Grind & Overlay (each} $550/each 6 Traffic Control Plans (per sheet} $150/each 7 Traffic Control Plans-Engineer-stamped (per sheet) $550/each 8 Standard Traffic Control (per day) $500 per day 9 Major Traffic Control (per day) $1,000/per day 10 NiQhttime Major Traffic Control (per day) $1,800/per night 11 Flagman Service (per man hour)-Prev Wage $75/hr 12 Subsurface Utility Report (1 - 5 potholes) (each} Digital Flash Card $150/each 13 Subsurface Utility Report (5-10 potholes} (each) Digital Flash Card $250/each 14 Subsurface Utility Report (10-20 potholes) (each) Digital Flash Card $350/each 15 Subsurface Utility Report (20-30 potholes) (each) Digital Flash Card $450/each 16 Subsurface Utility Report (30 -40 potholes) (each) Digital Flash Card $550/each 17 Subsurface Utility Report (40-50) potholes) (each) Digital Flash Card $650/each 18 Additional Hard Copy of Utility Report ( each ) $100/each 120 N. Andreasen Dr., Escondido, CA 92029 (760) 294-9449 www.usipothole.com 11 PSA 19-607CA HOURLY RATE $175/hr $150/hr $100/hr $100/hr $75/hr ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 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 ~~:i~cT Allison BarQa License #0K93926 Hall & Company rA~~NJo "•"· 360-626-2007 I FAX A/E Insurance Services CA/C Nol: 360-626-2007 19660 10th Ave NE ~t'l~~ss: abarQa(cl2hallandcompany.com Poulsbo WA 98370 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Zurich American Insurance Company 16535 INSURED 25 Dudek INSURER B : Steadfast Insurance Company 26387 605 3rd Street INSURERC: Encinitas CA 92024 INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 889368234 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF ,~~}-Ji~, LTR TYPE OF INSURANCE •••~n l••n•n POLICY NUMBER tMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY GL0014631102 8/28/2018 8/28/2019 EACH OCCURRENCE $ 1.000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES CEa occurrence\ $ 100.000 X OCP/XCU/BFPD -MED EXP (Any one person) $ 10.000 X Cross Liability PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 Fl 0PRO-DLoc 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 CEa accident\ ~ X ANY AUTO BODILY INJURY (Per person) $ ~ -OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidenl) $ ~ ~ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY /Per accident\ $ $ A X UMBRELLA LIAB MOCCUR AUC014640702 8/28/2018 8/28/2019 EACH OCCURRENCE $1.000.000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1.000.000 OED I I RETENTION$ $ A WORKERS COMPENSATION wco 14633002 8/28/2018 8/28/2019 X I ~tfruTE I I OTH- AND EMPLOYERS" LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $1.000.000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1.000.000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1.000.000 B Professional Liab Claims Made PEC014631402 8/28/2018 8/28/2019 $1.000.000 Per Claim Contractors Pollution Liab: Occur $1.000.000 Aggregate ✓ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) TRAN1541, TRAN1455, UTIL 1629, CA1287, TRAN1486 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 ~ 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) Fndorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'!. Prem Return Prem. GLO014631102 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: Commercial General Liability Coverage Part The following is added to the Tramer 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 rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-9?..5-B CW ( 12/01) Page I of I 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. Ally "employee· of yours is an "insured" while using a oovered "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 q>erating 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. lndudes 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 n 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: lndudes copyrighted material of Insurance Services Office, Inc., with its permission. lJ.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 B.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 cther 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 lndudes copyrighted material of Insurance Services Office. Inc., with its permission. U-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 d 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 oourse 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. lndudes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 5of 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 cl the replacement "auto", excluding tax, title, license, aher 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 a,ly 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. lndudes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page6 of 6 Additional Insured -Automatic -Owners, Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem GLO014631102 08/28/2018 08/28/2019 08/28/2018 64955000 --- ZURICH Return Prem. ---- 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 - Commerclal 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: WC014633002 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC040306 Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have lhe right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written con1ract that requires you to obtain this agreement from us.} You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described i.n the Scl1edule. The additional premium for this endorsement shaJI be 0 mium otherwise due on such remuneration. Person or Organtzatlon Schedule Job Description ALL PERSONS ANO/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGaU:MENT WITH THE INSURBD, EXECUftD PRIOR TO THE ACCIDltNT 0.R LOSS, THAT WAIVER OF S'OBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 {4-84) WC 04 03 06 (Ed. 4-84) % of the California workers' compensation pre--Page 1 or t