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Dudek; 2020-01-08;
AGREEMENT FOR TWO YEAR MAINTENANCE, MONITORING AND REPORTING SERVICES FOR THE LAKE CALAVERA PRESERVE BOARDWALK TRAILS WETLAND MITIGATION AND RESTORATION SITES SERVICES (DUDEK/HABITAT RESTORATION SCIENCES) THIS AGREEMENT is made and entered into as of the ~ day of -----"'--==...23<...>L.C--"'---;.;t-----' 20']£)_, by and between the CITY OF CARLSBAD, a municipal "), and DUDEK, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a habitat restoration firm that is experienced in maintaining, monitoring, and reporting services for native habitat restoration, as required by resource agency permits. B. Contractor has the necessary experience in providing professional services and advice, including the services of a qualified restoration ecologist, related to habitat maintenance, monitoring and reporting services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be sixty-five thousand dollars ($65,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 6/12/18 1 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version 6/12/18 2 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 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. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 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. City Attorney Approved Version 6/12/18 3 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one ( 1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 6/12/18 4 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kasia Trojanowska Title Park Planning Manager Department Parks & Recreation City of Carlsbad Address 3096 Harding Street Carlsbad, CA 92008 Phone No. 760-268-4726 For Contractor Name John Minchin Title --Pr In Cl paJL / 1-l C\. b, 4o.. + R-es-lonct l~CJJ ~. Address 605 Third Street Encinitas, CA 92024 Phone No. 760-4 79-4279 Email jminchin@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. 17. 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 □ 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties City Attorney Approved Version 6/12/18 5 involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is City Attorney Approved Version 6/12/18 6 grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. 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. II II II II II II II II II II City Attorney Approved Version 6/12/18 7 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. CONTRACTOR By· ·~ (sign here) ~A,c:111~ /J>,tB/1,)~- (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ~/cg- By: Curr£ O/tfATIONS Officerz.. [INSERT TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] ATTEST: (7 xl:J, 6~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 6/12/18 8 Scope of Work: EXHIBIT "A" SCOPE OF SERVICES This scope of work addresses monitoring and maintenance services for the Lake Calavera Boardwalk Mitigation areas and Trail Revegetation sites, in order to reach project completion performance standards per the request of the Army Corps of Engineers (ACOE) and the City of Carlsbad (City). Year 1 Task 1 Agency Coordination and Extended Biological Monitoring Under this task, Dudek will provide project management and monitoring services for Year 1 of the extended monitoring program. The Trail Revegetation sites will require one additional remedial planting effort in order to aid in achieving the annual performance standards. Dudek will provide biological monitoring during the remedial planting effort, which will include one site visit. Biological monitoring will include four qualitative monitoring visits and one quantitative monitoring visit per year, for a total of five monitoring visits in the first year of the two-year extended program. A brief site observation report will be prepared following each monitoring visit, for a total of six reports (including the report following the remedial planting effort) in Year 1. An annual monitoring report will be prepared at the end of Year 1 to summarize maintenance and monitoring activities, including qualitative and quantitative monitoring results. Year 1 Task 2 Jurisdictional Wetland Delineation In order to satisfy ACOE requirements, Dudek will provide additional project management coordination for solicitation of sign-off from the ACOE during Year 1. Dudek will conduct additional jurisdictional wetland delineations within the six wetland enhancement planting areas and the two re-routed trail revegetation areas for consideration of project sign-off by the ACOE (for a total of eight additional jurisdictional delineation data stations). Year 1 Task 3 Maintenance Activities for the Boardwalk Mitigation Sites HRS will provide all labor, equipment and materials necessary to complete maintenance activities within the Boardwalk mitigation sites during Year 1. These activities include, but are not limited to, invasive and non-native species removal, existing plant maintenance, existing dead plant removal and trash/debris removal. HRS will visit the site a maximum of 8 visits in Year 1 to conduct the necessary maintenance work. Year 1 Task 4 Watering Events for the Trail Revegetation Sites HRS will provide all labor, equipment and materials necessary to complete watering events within the Trail Revegetation sites during Year 1. HRS will hand water all native plants to ensure their survival and growth. HRS will conduct a maximum of 8 watering events in the Year 1. Year 1 Task 5 Maintenance Activities for the Trail Revegetation Sites City Attorney Approved Version 6/12/18 9 HRS will provide all labor, equipment and materials necessary to complete maintenance activities within the Trail Revegetation sites during Year 1. These activities include, but are not limited to, invasive and non-native species removal, existing plant maintenance, trash/debris removal and fencing up-keep. If it is deemed necessary by the project biologists, remedial planting will occur to assist in project sign-off. HRS will visit the site a maximum of 12 visits in the Year 1. Year 2 Task 1 Biological Monitoring for the Boardwalk Mitigation and Trail Revegetation Sites Under this task, Dudek will provide project management and monitoring services for Year 2 of the extended monitoring program. Biological monitoring will include four qualitative monitoring visits and one quantitative monitoring visit per year, for a total of five monitoring visits within the second year of the two-year extended program. A brief site observation report will follow each monitoring visit, for a total of 5 site observation reports. An annual monitoring report will be prepared at the end of Year 2 of the extended program to summarize maintenance and monitoring activities, including qualitative and quantitative monitoring results. Year 2 Task 2 Maintenance Activities for the Boardwalk Mitigation Sites HRS will provide all labor, equipment and materials necessary to complete Year 2 maintenance activities within the Boardwalk mitigation areas. These activities include, but are not limited to, invasive and non-native species removal, existing plant maintenance and trash/debris removal. HRS will visit the site a maximum of 6 visits in Year 2. Year 2 Task 3 Maintenance Activities for the Trail Revegetation Sites HRS will provide all labor, equipment and materials necessary to complete Year 2 maintenance activities within the Trail Revegetation Project areas. These activities include, but are not limited to, invasive and non-native species removal, existing plant maintenance, trash/debris removal and fencing up-keep. HRS will visit the site a maximum of 10 visits in the second year. Year 2 Task 4Project Completion and Sign-off Dudek will attend one project completion sign-off site meeting with the City, ACOE, and HRS at the end of the Year 2 program. Task included coordination and final report to ACOE. Year 2 Task 5Additional As-Needed Services Contingency A contingency allocation is included to provide additional funding for unforeseen remedial maintenance and monitoring work and to address additional project needs as requested by the city or ACOE. This may include remedial actions associated with "Acts of Nature", vandalism, or other damage which may require additional planting, seeding, watering, erosion repairs and/or supplemental maintenance. The use of the contingency must be negotiated and authorized by the City prior to commencement of work. City Attorney Approved Version 6/12/18 10 Estimated Fees: Dudek will provide monthly invoices sufficiently detailed to include work completed and costs for approval by City. All tasks will be billed on a time-and-materials basis in accordance with the attached Dudek 2019 Standard Schedule of Charges. Direct/reimbursable costs will be billed at cost plus 10%. Any additional services required or requested shall be negotiated prior to commencement of work. Year Task Description Price No. 1 1 Biological monitoring and management tasks 1$9,500.00 Includes maximum of 6 site visits, 6 site observation reports, and one annual reoort 2 Jurisdictional wetland delineation and agency sign-off coordination Includes 1$12,500.00 maximum of 8 additional data stations. 3 Year 1 maintenance visits for the Boardwalk mitigation sites 1$4,000.00 Includes maximum of 8 visits 4 Year 1 watering visits for the Trail Revegetation sites 1$3,000.00 Includes maximum of 8 visits 5 Year 1 maintenance visits at the Trail Revegetation sites 1$6,000.00 Includes maximum of 12 visits; invasive and non-native plant removal, existing plant maintenance, trash/debris removal, fencing up-keep and remedial plantinQ. Year 1 Subtotal 1$35,000.000 2 1 Biological monitoring and management tasks $9,000.00 Includes maximum of 6 site visits, 6 site observation reports, and one annual report. 2 !Year 2 maintenance visits for the Boardwalk mitigation sites $3,000.00 Includes maximum of 8 visits 3 !Year 2 maintenance visits for the Trail Revegetation sites $4,000.00 Includes maximum of 12 visits; invasive and non-native plant removal, existing plant maintenance, trash/debris removal, and fencing up-keep 4 Project completion and sign-off tasks $4,000.00 Includes 1 project completion sign-off site meeting, coordination tasks, and ~me final report for ACOE submittal 5 ~dditional as-needed services shall be negotiated and approved by the city $10,000.00 prior to commencement of work Year 2 Subtotal $30,000.000 Total $65,000.00 Total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,000) City Attorney Approved Version 6/12/18 11 12 Attachment A 2019 Schedule of Charge City Attorney Approved Version 6/12/18 DUDEK 2019 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director.. . ...................................... $285.00/hr Principal Engineer Ill .. .. ................ .... ........... ............. ..... . ...... $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 Ill ................. . ........................... $215.00/hr Senior Engineer II ................. . ...... $205.00/hr Senior Engineer I.................. .................... . ....... $195.00/hr Project Engineer IVfTechnician IV . $185.00/hr Project Engineer lllfTechnician Ill ................. $175.00/hr Project Engineer llfTechnician II................................... . .. $160.00/hr Project Engineer lfTechnician 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 Ill ........... $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 Ill........ ................. . ......... $160.00/hr Specialist II ......... . ......... $145.00/hr Specialist I ... ................. .................. . ......... $130.00/hr Analyst V .. . ........................ $120.00/hr Analyst IV .................................... $110.00/hr Analyst Ill ......................................................... $100.00/hr Analyst II ......................................... . ........... $90.00/hr Analyst I ... ............................. ...................... . ......... $80.00/hr Technician IV... . ........................... $90.00/hr Technician Ill ................................................ $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 ................ . GIS Specialist Ill .................... . GIS Specialist II GIS Specialist I .. Data Analyst Ill Data Analyst II ...... . Data Analyst I UAS Pilot CONSTRUCTION MANAGEMENT SERVICES ............................. $160.00/hr . $150.00/hr $140.00/hr ........... $130.00/hr $100.00/hr .. $90.00/hr ... $80.00/hr ... $90.00/hr 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 Ill.. . ............................................. $130.00/hr Construction Inspector II. . .......................................... $120.00/hr Construction Inspector I.. . ......................... $110.00/hr Prevailino Waoe Inspector .................................. $135.00/hr 13 HYDROGEOLOGICAL SERVICES Project Director......... . ... $285.00/hr Principal Hydrogeologist/Engineer 11..... . .. $260.00/hr Principal Hydrogeologist/Engineer I . . . .. ....... .... . ........ $240.00/hr Sr. Hydrogeologist 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 ................ . ......... $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 Ill/Engineer Ill ............................ $135.00/hr Hydrogeologist I I/Engineer 11 • . • . . . . . . . $125. 00/hr Hydrogeologist I/Engineer I... .. .. .. .. .. ... .. .. .. .. . . .... $115.00/hr Technician ................... ................................ . ... $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager ........ . District Engineer.... . ........................ . Operations Manager ................................. . District Secretary/Accountant Collections System Manager Grade V Operator ............... . Grade IV Operator ....................................... . Grade Ill Operator ...... . Grade II Operator Grade I Operator ..... Operator in Training ................. . Collection Maintenance Worl<er II ................... $195.00/hr . ... $185.00/hr . .................... $160.00/hr ........... $120.00/hr ............ $135.00/hr ...... $125.00/hr ... $110.00/hr . ...... $100.00/hr . ....... $75.00/hr Collection Maintenance Worl<er I ..................... . ......... $70.00/hr .. $65.00/hr $75.00/hr ........ $65.00/hr OFFICE SERVICES Technical/Orafting/CAOD Services 30 Graphic Artist ... . Senior Designer ..... . Designer ....... $175.00/hr ..... $165.00/hr ..... ..... ..... ...... ..... ....... . .......... $155.00/hr Assistant Designer ............................................ . ......... $150.00/hr ...... $145.00/hr ...... $140.00/hr .$125.00/hr CADD Operator Ill ..... . GADD Operator 11 ................................ . CADD Operator I .. . .................. . CADD Drafter ..... . CADD Technician . SUPPORT SERVICES Technical Editor Ill ... Technical Editor II .. Technical Editor I .. Publications Specialist Ill .... Publications Specialist II .. Publications Specialist I .. . . ............................. $115.00/hr .................... . .......... $110.00/hr ........... $145.00/hr . ...... $130.00/hr .. $115.00/hr . .......... $105.00/hr ........................... $95.00/hr ... $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 speaal 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 wilt increase 3% annually. City Attorney Approved Version 6/12/18 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 8/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 ~~~~Cl Allison Barqa Licesnse #0K93926 Hall & Company p~~N,.7n ~ ~•. 360-626-2007 I rffc Nol: 360-626-2007 A/E Insurance Seivices 19660 10th Ave NE ~~n~~ ••. abaraa@hallandcomDanv.com Poulsbo WA 98370 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: ZURICH AMERICAN INSURANCE COMPANY I 16535 INSURED 25 INSURER B: CNA Insurance ComDanies Dudek 605 3rd Street INSURER C: Encinitas CA 92024 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1721342867 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 /~~}-Jfi~1 l~ID-Jri~l LTR TYPE OF INSURANCE ,uon =•n POLICY NUMBER LIMITS A ~ COMMERCIAL GENERAL LIABILITY GLO014631103 8/28/2019 8/28/2020 EACH OCCURRENCE S 1,000,000 D CLAIMS-MADE 0 OCCUR DAMAL>~ 1 u REN 1 ~u $100,000 PREMISES !Ea occurrencel X OCP/XCU/BFPD MED EXP (Any one oerson) $10,000 -X Cross Liabitity -PERSONAL & ADV INJURY $1,000,000 GEN"\. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 H POLICY 0 rrtr □ LDC PRODUCTS · COMP/OP AGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP014632903 8/28/2019 8/28/2020 COMBINED SINGLE LIMIT S 1,000,000 /Ea accidentl f--X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) s X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) --s A X UMBRELLA LIAB MOCCUR AUC014640703 8/28/2019 8/28/2020 EACH OCCURRENCE $1,000,000 -EXCESS LIAS CLAIMS-MADE AGGREGATE $1,000,000 OED I X I RETENTIONS n s A WORKERS COMPENSATION VIK:014633003 8/28/2019 8/28/2020 X I ~ffTUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N /A E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $1,000,000 irs~:~~ ~1~PERATIONS below E.L. DISEASE -POI.ICY LIMIT S 1,000,000 B Professional Uab Claims Made Contractors Pollution Llab: Occur EEH591932835 8/28/2019 8/28/2020 $1.000,000 Per Claim $2,000,000 Aggregate / DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space is required) Project: All Professional Services as contracted The City of Carlsbad, Water District, its officials, employees, and volunteers are Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella I Excess Liability and Worl<ers Compensation I Employers Liability in favor of the Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad Engineering Department 1635 Faraday Ave. AUTHORIZED REPRESENTATIVE Carlsbad CA 92008-7314 t2lt; 1/J ,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) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I. Prem Return Prem. GLO014631103 08/28/2019 08/28/2020 08/28/2019 N/A $ N/A $ N/A TIIlS 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 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 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-925-B CW ( 12/01) Page I of I g Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Elf. Date of End. Producer No. Add'!. Prem Return Prem. BAP014632903 08/28/2019 08/28/2020 08/28/2019 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. 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 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 A2. 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 Al.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 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 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 lndudes copyrighted material of Insurance Services Office, Inc .. w~h its permission. U-CA-424-F CW (04/14) Page4 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 of 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 anytime. 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 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 ooly 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) Page 6 of 6 Additional Insured -Automatic -Owners, Lessees Or Contractors g ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO014631103 08/28/2019 08/28/2020 08/28/2019 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 of2 Policy Number: WC014633003 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 040306 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable tor an injrny covered by this policy. We will not enforce our right against the person or organization named in tl1e Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records acc-urately segregating the remuneration of your employees while engaged in the work described in the Scl1edule. The additional premium for this endorsement shali be 0 rnium otherwise due on such remuneration. Person or Organization Schedule Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGUEMENT WITH THE INSURED, EXECUnD PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBR.OGATION BE PROVIDED UNDER THI$ POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 {4-134) we 04 03 06 (Ed. 4·84) % of the California workers' compensation pre-· Page 1 of 1 POLICY NUMBER: GLO014631103 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s): Location(s) Of Covered Operations The City of Carlsbad, Water District, its officials, employees, All Professional Services as contracted and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" 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 for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: GLO014631103 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of Carlsbad, Water District, its officials, All Professional Services as contracted employees, and volunteers Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1