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IDS Group Inc; 2018-11-28; PSA19-582CA
PSA19-582CA City Attorney Approved Version 7/19/17 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 VEHICLE LIFT STRUCTURAL EVALUATION AND ANCHORAGE DESIGN PROJECT NO. 4714 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between IDS GROUP, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Consulting Engineering Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 4, 2020, (“proposal”), attached as Appendix "A" for the Vehicle Lift Structural Evaluation and Anchorage Design, (the “Project"). The Project services shall include Information gathering; prepare structural anchorage design; provide plan check approval and construction administration 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 within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment shall not exceed three thousand dollars ($3,000) inclusive of all reimbursable expenses. 1 of 4 DocuSign Envelope ID: A2C8A65C-94A1-4882-9734-E896B461E7BC October 5, 2020 PSA19-582CA City Attorney Approved Version 7/19/17 TABLE 1 FEE ALLOTMENT VEHICLE LIFT STRUCTURAL EVALUATION AND ANCHORAGE DESIGN TASK GROUP TIME & MATERIALS Review available information regarding lifts Included Prepare structural anchorage details Included Provide plan check and construction administration services Included TOTAL (Not-to-Exceed) $3,000 CONTRACTOR IDS GROUP, INC., a California corporation IDS GROUP, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Said Hilmy, President Rami Elhassan, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: __________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney 2 of 4 DocuSign Envelope ID: A2C8A65C-94A1-4882-9734-E896B461E7BC 10/2/2020 1 Peters Canyon Road, Suite 130 ▲ Irvine, California 92606 ▲ 949.387.8500 ▲ 949.387.0800 fax ▲ www.idsgi.com September 04, 2020 Mr. Steven Stewart Municipal Projects Manager CITY OF CARLSBAD, PUBLIC WORKS DEPARTMENT 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Proposal for Structural Engineering Services Anchorage Design for Replacement Vehicle Lifts at 2480 Impala Drive, Carlsbad, CA Master Agreement for Professional Structural Engineering Services PSA19-582CA Dated November 28, 2018 Dear Steven: IDS Group, Inc. (IDS) is pleased to submit this proposal for structural engineering services for anchorage of two new vehicle lifts at the subject address in Carlsbad. This proposal is based on a request for proposal email received on August 28, 2020. We understand that new vehicle lift frames are to be installed onto the existing concrete slab-on-grade at the Fleet Maintenance Facility which requires structural anchorage to resist seismic loads. Proposed Scope of Work: 1. Review available drawings. We assume that structural drawings for the Fleet Maintenance Facility will be made available to us to review the existing structural slab that the lifts will be anchored to. 2. Prepare structural anchorage design and construction documents suitable for plan check and performing construction. Anchorage will be provided for two vehicle lift frames. 3. Provide plan check approval, bidding and construction support services through project completion. Assumptions/Limitations/Exclusions: 1. The City will share drawing information with IDS for the original construction of the Fleet Maintenance Facility. 2. Evaluation of the Fleet Maintenance Facility structure is outside the scope of this proposal. It is assumed the existing structural slab will not require strengthening to accommodate the loads from the new vehicle lifts. Fee Proposal: In conjunction with the “Master Agreement for Structural Engineering Services, IDS Group, Inc.” dated November 28, 2018 and extending through November 30, 2021, IDS proposes to perform the above scope of work on a time and materials basis in accordance with Paragraph 5 and the Exhibit B Master Agreement Rate Schedule. The proposed work shall be completed for a fee not to exceed $3,000. Schedule: Upon notice to proceed, IDS can commence work as soon as existing structural drawings are provided for our review. We anticipate completion of the work within 2 weeks. Appendix "A"PSA19-582CA 3 of 4 DocuSign Envelope ID: A2C8A65C-94A1-4882-9734-E896B461E7BC Reliable Properties Proposal – Anchorage Design for Vehicle Lifts August 04, 2020 Page 2 We appreciate the opportunity to respond to your request for services. We look forward to receiving your task order for the work described herein. Please don’t hesitate to call if you require further information. Sincerely; IDS Group, Inc. Rami Elhassan Rami Elhassan, PhD, SE Principal Appendix "A"PSA19-582CA 4 of 4 DocuSign Envelope ID: A2C8A65C-94A1-4882-9734-E896B461E7BC 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 5/1/2020 Risk Strategies Company2040 Main Street, Suite 450Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 Michael Christian Risk Strategies Company syoung@risk-strategies.com IDS Group, Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 55308447 3 3 City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy Umbrella Liability follows form to the general, auto and employer's liability policies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 Projects as on file with the insured including but not limited to Master Agreement for Structural Engineering Services - PSA19-582CA. and a waiver of subrogation applies to the work comp policy-see attached endorsements. $2,000,000 $1,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 $9,000,000 $9,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $3,000,000Per Claim: $3,000,000Aggregate: A 6809H717919 5/1/2020 5/1/20213 3 3 A BA8F335897 5/1/2020 5/1/2021 3 3 3 B CUP7K299343 5/1/2020 5/1/202133 3 0 B UB4K463295 5/1/2020 5/1/2021 3 C Professional Liability 107008332 11/12/2019 11/12/2020 Travelers Indemnity Company of CT 25682 Travelers Property Casualty Co of America 25674 Travelers Casualty and Surety Co America 31194 55308447 | 20-21 GL-AL-UL-WC, 19-20 PL | Sherry Young | 5/1/2020 10:51:59 AM (PDT) | Page 1 of 4 IDS Group, Inc. 6809H717919 5/1/2020 55308447 | 20-21 GL-AL-UL-WC, 19-20 PL | Sherry Young | 5/1/2020 10:51:59 AM (PDT) | Page 2 of 4 55308447 | 20-21 GL-AL-UL-WC, 19-20 PL | Sherry Young | 5/1/2020 10:51:59 AM (PDT) | Page 3 of 4 Insured: Policy No.: Effective D We have policy. W Schedule You mus employee The addit compensa Schedule Person o ANY PER YOUR RI PRIOR TO Job Desc Projects a : Date: the right to We will not . st maintain es while eng tional prem ation premi e or Organiza RSON OR O GHT TO R O THE DAT cription: as on file wi WAIVER OF recover ou enforce o payroll re gaged in th mium for thi um otherwi ation ORGANIZA RECOVER A TE OF LOS ith the insu F OUR RIGHT ENDORSEM (BLAN ur payments ur right ag ecords acc e work des s endorsem ise due on ATION WITH AGAINST T SS red. T TO RECOV MENT – CALI NKET WAIVE s from anyo gainst the p curately se scribed in th ment shall such remu H WHOM Y THEM. YO A WORKER EMPLO ENDORSEM VER FROM O FORNIA ER) one liable fo person or o gregating he Schedule be 5.000% neration. YOU AGRE OU MUST A Authorized R RS COMPEN AND OYERS LIAB MENT WC 99 OTHERS for an injury organizatio the remun e. % of the Ca EE IN WRIT AGREE TO epresentative NSATION BILITY 9 03 76 (00) y covered b on named i neration of alifornia wo TING TO W O THIS WA e by this n the your rkers’ WAIVE AIVER IDS Group, Inc. UB4K463295 5/1/2020 55308447 | 20-21 GL-AL-UL-WC, 19-20 PL | Sherry Young | 5/1/2020 10:51:59 AM (PDT) | Page 4 of 4 PSA19-582CA City Attorney Approved Version 7/19/17 1 of 6 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 FARADAY BUILDING STRUCTURAL EVALUATION, PROJECT NO. 4720 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between IDS GROUP, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Consulting Engineering Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 23, 2019, (“proposal”), attached as Appendix "A" for the Faraday Building Structural Evaluation, (the “Project"). The Project services shall include Phase 1: Information gathering via field investigation; Phase 2: Structural analysis for necessary strengthening. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within Five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment shall not exceed $30,000. DocuSign Envelope ID: A7338F49-BD4D-458F-A794-F5817B6DA74A May 7, 2019 PSA19-582CA City Attorney Approved Version 7/19/17 2 of 6 TABLE 1 FEE ALLOTMENT INFORMATION GATHERING AND STRUCTURAL ENGINEERING ANALYSIS TASK GROUP TIME & MATERIALS Information Gathering via Field Investigation $10,000 Review available drawings, perform field investigation to verify information as needed, determine locations, dimensions and weights of rooftop equipment, data reduction and recording. Structural Analysis and Strengthening $20,000 Perform structural analysis of various elements, determine adequacy of key structural truss members, report findings to the city, prepare structural strenthening/stiffening designs and construction documents suitable for plan check and performing necessary construction work, perform plan check approval, bidding and construction support services as needed. TOTAL (Not-to-Exceed) $30,000 CONTRACTOR IDS GROUP, INC., a California corporation IDS GROUP, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Said Hilmy, President Rami Elhassan, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _____________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: A7338F49-BD4D-458F-A794-F5817B6DA74A 5/7/2019 April 22, 2019 Mr. Steven Stewart Municipal Projects Manager CITY OF CARLSBAD, PUBLIC WORKS DEPARTMENT 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Proposal for Structural Engineering Services Evaluation of Structural Building Trusses at 1635 Faraday Avenue, Carlsbad, CA Master Agreement for Professional Structural Engineering Services PSA19-582CA Dated November 28, 2018 Dear Steven: IDS Group, Inc. (IDS) is pleased to submit this proposal for structural engineering services for evaluation of the structural building trusses at the roof and second floor levels of the subject building. This proposal is based on recent email communications and our site visit conducted April 18, 2019. Briefly, we understand that there is concern for structural integrity of the roof support trusses given the extent of rooftop equipment, and similarly for the second floor support trusses given the floor vibrations experienced by occupants. Given the absence to date of significant information concerning the building structural design, the City seeks alternative means for assessing the adequacy of the structural support trusses. In light of the above, IDS proposes to perform the scope of work set forth below, along with proposed fee and schedule. We propose that the assessment work be performed in two phases: Phase 1 is the information gathering phase and involves performing field investigation work in order to determine actual structural truss dimensions, connections and materials of construction for use in performing structural analyses. In Phase 2, we perform structural analyses of various representative second floor and roof trusses in order to assess their adequacy relative to current code levels of acceptable stresses and deflections. In the second phase we will also advise and provide strengthening design services in areas where structural capacity and/or stiffness for vibration resistance is found to be inadequate. Proposed Scope of Work: Phase 1 – Information Gathering Via Field Investigation 1. Review available drawings. At the time of this writing, the City is communicating with the architect and structural engineer of record in order to gather drawing information. Record drawing information is helpful in determining building dimensional information and layout of framing systems (primarily prefab trusses), and details of construction, such as the makeup of floor slabs and roofing. 2. Perform field investigations in order to achieve the following: a. Verify and supplement drawing information as needed, including the measurement of physical dimensions of representative trusses, including the truss depths and profiles of top/bottom chord elements and diagonals, and the details of connections. Appendix "A"PSA19-582CA 3 of 6 DocuSign Envelope ID: A7338F49-BD4D-458F-A794-F5817B6DA74A b. Determine the location, dimensions and weights of rooftop equipment. It is anticipated that the field work will involve access to the interstitial areas above the ceiling grid system, as well as access to the roof. 3. Data reduction and recording: Once field work is completed, the results will be put into the form of AutoCAD drawings that can be used for structural analyses, and can serve as documentation of as-built construction for the City’s future use. Phase 2 – Structural Analysis and Strengthening 1. Perform structural analyses of the various structural elements that provide floor and roof support in representative areas and key areas of concern (e.g. areas of known vibration concerns at the second floor level, and areas of greatest rooftop equipment loading). 2. Determine the adequacy of key structural truss members and other structural support elements judged to be important to structural performance and safety. 3. Report findings to the City in the form of a brief letter report of findings and recommendations. 4. Prepare structural strengthening/stiffening designs and construction documents suitable for plan check and performing the construction work in areas where the City directs that such work shall be undertaken based on the noted report. 5. Provide plan check approval, bidding and construction support services as requested by the City through project completion. Assumptions/Limitations/Exclusions: 1. IDS field work will be performed during normal business hours, extended either before or after such hours with the City’s advance approval. IDS will make every reasonable effort to minimize disturbing building occupants. 2. The City will provide ladders for access to the interstitial areas at the first and second floor levels, and allow IDS to remove ceiling tiles as needed to obtain the necessary information. 3. The City will share drawing information with IDS that has been obtained from the architect and structural engineer of record for the original construction. Fee Proposal: In conjunction with the “Master Agreement for Structural Engineering Services, IDS Group, Inc.” dated November 28, 2018 and extending through November 30, 2021, IDS proposes to perform the above scope of work on a time and materials basis in accordance with Paragraph 5 and the Exhibit B Master Agreement Rate Schedule. The proposed budget for the first phase is listed below. This phase budget will not be exceeded without advance written approval by the City. At the completion of Phase 1, we will know what, if any, trusses require strengthening and can forecast engineering costs for Phase 2 at that time. Phase 1 - $10,000 Phase 2 – To be determined at the completion of Phase 1 Appendix "A"PSA19-582CA 4 of 6 DocuSign Envelope ID: A7338F49-BD4D-458F-A794-F5817B6DA74A Invoicing for services will be on a monthly basis. Schedule: Upon notice to proceed, IDS can commence Phase 1 work immediately by reviewing available drawings and beginning our field investigation work as soon as convenient to the City. We anticipate 1-2 days of field work by two staff professional engineers. Following the field investigation work, we anticipate completion of Phase 1 documentation within 5 working days. With the City’s approval, Phase 2 work can begin immediately following Phase 1. A fee and schedule for completion of Phase 2 work can be prepared following initial structural analyses to determine if strengthening work is required. ♦♦♦ We appreciate the opportunity to respond to your request for services. We look forward to receiving your task order for the work described herein. Please don’t hesitate to call if you require further information. Sincerely; IDS Group, Inc. Rami Elhassan Elwood Smietana Rami Elhassan, PhD, SE Elwood Smietana, SE Principal Associate Principal Appendix "A"PSA19-582CA 5 of 6 DocuSign Envelope ID: A7338F49-BD4D-458F-A794-F5817B6DA74A Appendix "A"PSA19-582CA 6 of 6 DocuSign Envelope ID: A7338F49-BD4D-458F-A794-F5817B6DA74A 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 5/2/2019 Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 Michael Christian Risk Strategies Company syoung@risk-strategies.com IDS Group, Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 48486071 3 3 Agmt #TRAN1457 – Structural Evaluation Services at EOC & Safety Center and Agmt #TRAN 1494 – Fleet Building Wall Evaluation Services. waiver of subrogation applies to the work comp policy. Umbrella Liability follows form to the general, auto and employer's liability policies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 Projects as on file with the insured including but not limited to: City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy and a The above policies contain a 30-day notice provision for non-renewal and cancellation, 10-day notice for non-payment of premium. $2,000,000 $1,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 $1,000,000 $9,000,000 $9,000,000 $1,000,000 $1,000,000 $1,000,000 $3,000,000Per Claim: $3,000,000Aggregate: A 6809H717919 5/1/2019 5/1/20203 3 3 A BA8F335897 5/1/2019 5/1/2020 3 3 3 B CUP7K299343 5/1/2019 5/1/202033 3 0 B UB4K463295 5/1/2019 5/1/2020 3 C Professional Liability 107008332 11/12/2018 11/12/2019 Travelers Property Casualty Co. of America 25674 Travelers Indemnity Company 25658 Travelers Casualty and Surety Co America 31194 48486071 | 19-20 GL-AL-UL-WC, 18-19 PL | Sherry Young | 5/2/2019 10:58:59 AM (PDT) | Page 1 of 4 IDS Group, Inc. 6809H717919 5/1/2019 48486071 | 19-20 GL-AL-UL-WC, 18-19 PL | Sherry Young | 5/2/2019 10:58:59 AM (PDT) | Page 2 of 4 48486071 | 19-20 GL-AL-UL-WC, 18-19 PL | Sherry Young | 5/2/2019 10:58:59 AM (PDT) | Page 3 of 4 Insured: Policy No.: Effective D We have policy. W Schedule You mus employee The addit compensa Schedule Person o ANY PER YOUR RI PRIOR TO Job Desc Projects a : Date: the right to We will not . st maintain es while eng tional prem ation premi e or Organiza RSON OR O GHT TO R O THE DAT cription: as on file wi WAIVER OF recover ou enforce o payroll re gaged in th mium for thi um otherwi ation ORGANIZA RECOVER A TE OF LOS ith the insu F OUR RIGHT ENDORSEM (BLAN ur payments ur right ag ecords acc e work des s endorsem ise due on ATION WITH AGAINST T SS red. T TO RECOV MENT – CALI NKET WAIVE s from anyo gainst the p curately se scribed in th ment shall such remu H WHOM Y THEM. YO A WORKER EMPLO ENDORSEM VER FROM O FORNIA ER) one liable fo person or o gregating he Schedule be 5.000% neration. YOU AGRE OU MUST A Authorized R RS COMPEN AND OYERS LIAB MENT WC 99 OTHERS for an injury organizatio the remun e. % of the Ca EE IN WRIT AGREE TO epresentative NSATION BILITY 9 03 76 (00) y covered b on named i neration of alifornia wo TING TO W O THIS WA e by this n the your rkers’ WAIVE AIVER IDS Group, Inc. UB4K463295 5/1/2019 48486071 | 19-20 GL-AL-UL-WC, 18-19 PL | Sherry Young | 5/2/2019 10:58:59 AM (PDT) | Page 4 of 4 PSA 19-582CA MASTER AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES IDS GROUP, INC. tXIS AGREEMENT is of [Nf){y\:f?EXL:: municipal corporation, ("City"), referred to as "Contractor." made and entered into as of the 2~ day , 2018, by and between the City of Carlsbad, a and IDS Group, Inc., a California corporation, hereinafter RECITALS A. The City requires the professional services of a consulting firm that is experienced in structural engineering. 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 structural engineering. 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 19-582CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand($300,000) dollars 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 19-582CA The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. The City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to the City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 6/12/18 3 PSA 19-582CA 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 19-582CA 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 Rami Elhassan Title PhD, PE, SE-Principal Address 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 Phone No. 949-387-8500 Email rami.elhassan@idsgi.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~ NoD 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 19-582CA 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 19-582CA 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 19-582CA 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 IDS GROUP, INC., a California corporation ~ (sign here) Sa:,J. th lrnri, 7re...q-&,ud- (pri name/title) (sign here) ID .. -', ,...,,-,,~ 0 ~ _ -L.-\ v \t\<'.;S(tf\ , .:>-CL r ~-+t,V J (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~ ~'½,,all 011, Mayor 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 "clfo~ 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 0~L,.,,c On ~ /9, htJ/tf , before me, __,k+lr=-c....,'-=--"=~~,.__-=--=---'--· _______ _ (insert name and title of the officer) personally appeared -A,Jf!YJ.ld..~:..t,.~~~~::::::_ _____________ ?"""< ____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s i re subscribed to the within instrument and acknowle~? to me that@'she/they executed the same in @her/their authorized capacity(ies), and that by~er/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. i············~ SARAH M. SCOLARI :@· __ . '' Notary Public. -California z ;, ~ • Orange County ~ 2 · ., Commission# 2221167 - My Comm. Expires Dec 5. 2021 Signature~ • (Seal) 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 ~'-< On &~ l'i, 2"1,y before me, ~ ...l!u-/.µ._.,· (insert name and title of the officer) personally appeared ~:!I.L!!d!!!.:<.......,j~~':Ll4,L------------------~-- who proved to me on the basis of satis ctory evidence to be the ~son(s) whose name(s I are subscribed to the within instrument and acknowle!dd to me thatt,_~she/they executed the same in (@!her/their authorized capacity(ies), and that by is her/their signature(s) on the instrument the person{s), or the entity upon behalf of which the pe son(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. 1············~ SARAH M. SCOLARI :@••"'• · Notary Puolic -California z ~ ·• Orange County ~ 2 . . Commission# 2221167 - My Comm. Expires Dec 5. 2021 Signature ~ (Seal) PSA 19-582CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of structural engineering related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Bridges Preventive Maintenance B. Buildings & Other Structures C. Structural Design and Evaluations Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 PSA19-582CA City of Carlsbad Master Agreement Consultant Services RFQ # 18-05/Discipline Na. 16 Structural Engineering Standard Rate Schedule EXHIBIT 8-MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF ' -----------,, ' NAME ; , : i;, : ,llTLE HOURLY RATE ____ 1 ----•• L _ _.. _______ ...._...,___ __ ·--....L,,__ ·---... ·-·----~ -•. ,d_lJ-li; .. .1.' ,._ __ ......._ ___ ....,,_ __ _._..----....... ..... L ------~' -__ , __ -~--· ------ 1. Rami Elhassan Principal $175.00 2. David Pomerleau Project Manager $155.00 3. Elwood Smietana QA Manager $160.00 4. Saif Hussain Sr. Structural Engineer $155.00 5. Jose Calisto DaSilva Sr. Bridge Engineer $160.00 6. Jaime Rosenbach Sr. Structural Engineer $155.00 7. Steve Uthoff, PE, SE Sr. Structural Engineer $155.00 8. Matt Kani, PE, SE Structural Engineer $145.00 9. Victor Mercado, PE, SE Structural Engineer $145.00 10. Yangbo Chen, PE, SE Structural Engineer $145.00 11. Doug Francisco, PE, SE Structural Engineer $145.00 12. Vaz Rabadi, PE Project Engineer $120.00 13. Susan Cummings, PE Project Engineer $120.00 14. Ellen Wu, PhD, FE Project Engineer $120.00 EXPENSES ---.. -- ! · DESCRIPTION I COST %MARKUP --~----------~~ ---· --~ ---~------.............. ,__. .... Sl,~,----1--------~1 ----~ ___ , ·---·----- 1. Mileage At IRS approved rates 0% 2. Copy services At cost Plus 5% A.A.IDS GROUP 10 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/30/2018 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 Risk Strate~es Company CONTACT Risk Strateoies Comoanv NAME: 2040 Main treet, Suite 450 f.~~N,;_ c-"· 949-242-9240 I FAX Irvine, CA 92614 IAJC Nol: E-MAIL svouno@risk-strateoies.com ADDRESS: INSURER(S} AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. OF06675 INSURER A: Travelers Prooertv Casualtv Co. of America 25674 INSURED INSURER B: Travelers lndemnitv Comoanv of CT 25682 IDS Groug Inc. INSURER C: Continental Casualtv ComDanv 20443 1 Peters an~on Rd., Ste 130 Irvine CA 92 06 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 41622664 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,.,c:n W\/n POLICY NUMBER IMM/DDNYYYl /MM/DDNYYYl LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ 6809H717919 5/1/2018 5/1/2019 EACH OCCURRENCE $$2 000 000 -• CLAIMS-MADE W OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ $1 000 000 -MED EXP (Any one person) $$10 000 PERSONAL & ADV INJURY $$2 000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $4,000,000 =7 0 PRO-OLoc PRODUCTS -COMP/OP AGG $$4 000 000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY BA8F335897 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT (Ea accident) $ $1 000 000 -ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE ..:L__ AUTOS ONLY _:[___ AUTOS ONLY /Per accident\ $ $ A ..:L__ UMBRELLA LIAB H OCCUR CUP7K299343 5/1/2018 5/1/2019 EACH OCCURRENCE $$9 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $$9 000 000 ✓ OED I ✓ I RETENTION $0 $ A WORKERS COMPENSATION UB4K463295 5/1/2018 5/1/2019 I PER I I OTH- AND EMPLOYERS' LIABILITY ✓ STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE • N/A E.L. EACH ACCIDENT $ $1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE u1 nnn nnn If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ $1 000 000 C Professional Liability AEH288340328 11/12/2017 11/12/2018 Per Claim: $3,000,000 Aggregate: $3,000,000 J DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Building Structural Evaluation Services -TRAN1457 City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy-see attached endorsement. Umbrella Liability follows form to the general, auto and employer's liability policies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Steven Stewart 1635 Faraday Ave. AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 )/4/' / /,,,.,,~. /' 7'--- ,v ~;~~~•' .--<3 LA:-<..-;:,-J--;;. .. -, I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41622664 I 18-19 GL-HNOA-UL-WC, 17-18 PL I Sherrv Youno I 4/30/2018 1:42:20 PM (PDT) I Paoe 1 of 3 Insured: IDS Group, Inc. v Policy No.: 6809H717919 Effective Date: 5/1/2018 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a ''written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury''; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and s:;ollectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office. Inc .. with its permission 41622664 I 18-19 GL-HNOA-UL-WC, 17-18 PL I Sherry Younq I 4/30/2018 1:42:20 PM (PDT) I Paqe 2 of 3 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a ''written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc .. with its permission 41622664 I 18-19 GL-HNOA-UL-WC, 17-18 PL I Sherry Younq I 4/30/2018 1:42:20 PM (PDT) I Paqe 3 of 3 .TRAVELERS Insured: IDS Group, Inc. Policy No.: UB4K463295 Effective Date: 5/1/2018 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ENDORSEMENT WC 99 03 76 (00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file with the insured. Authorized Representative 41622665 I 18-19 GL-HNOA-UL-WC, 17-18 PL I Sherry Young I 4/30/2018 1:42:20 PM (PDT) J Page 4 of 4