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HomeMy WebLinkAboutMichael Baker International Inc; 2018-10-01;City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES MICHAEL BAKER INTERNATIONAL, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 20___, extending and amending the agreement dated October 1, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, Inc., (“Contractor") (collectively, the “Parties”) for (description of project). RECITALS A. On October 1, 2019, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement’s scope of work for additional engineering and landscape architectural services; and B. The Parties desire to alter the Agreement’s scope of work to remove tasks that have already been completed in the prior contract years; and C. The Parties desire to extend and fund the Agreement for a period of one (1) year and; D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,000). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by October 1, 2021. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 05CE234E-14E5-4563-A3B4-0265C3BC642E 5th 20October City Attorney Approved Version 1/30/13 2 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks and Recreation Director Tim Thiele, Vice President (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON Michael Tylman, Assistant Secretary City Clerk (print name/title) 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 Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 05CE234E-14E5-4563-A3B4-0265C3BC642E City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Michael Baker International, Inc. will provide additional engineering and landscape architectural services for the Calavera Hills Community Park Gateway Improvements Project. Task 1 – Additional Construction Administration Services Additional construction administration services, including those resulting from Covid-19, as needed and approved by the City, according to the hourly rates for such work as agreed to by the City and Contractor. FEE SCHEDULE Total Amendment amount shall not exceed thirty-five thousand dollars ($35,000). TASK NO. TASK DESCRIPTION PRICE 1 Additional Construction Administration Services, including those resulting from Covid-19, as needed and approved by the City $16,000.00 TOTAL $16,000.00 DocuSign Envelope ID: 05CE234E-14E5-4563-A3B4-0265C3BC642E Holder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307462051366225457074237225721777200763240453245731307344015752274130076727242035772000777777707000707007 7777777707070700073525677115456000732111516126202307123326352073111070222263521621110702333625316311107122327242073111071233373430630000702233735207301007033226243073100077756163351765540777777707000707007Certificate No :570083686166CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/27/2020 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. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza ~ Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 20427American Casualty Co. of Reading PAINSURER A: 20494Transportation Insurance Co.INSURER B: 20443Continental Casualty CompanyINSURER C: 10690Allied World National Assurance CompanyINSURER D: 24319Allied World Surplus Lines Insurance CoINSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Michael Baker International, Inc 5 Hutton Centre DriveSuite 500Santa Ana CA 92707 USA COVERAGES CERTIFICATE NUMBER:570083686166 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.Limits shown are as requestedPOLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $10,000 $2,000,000 $4,000,000 $4,000,000 C 08/30/2020 08/30/2021 6079257181B 08/30/2020 08/30/2021 20-21 Stop Gap (US) General Liability 6078988730 PRO-JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE(Per accident) X BODILY INJURY (Per accident) $2,000,000C08/30/2020 08/30/2021 COMBINED SINGLE LIMIT(Ea accident)BUA 6078988680 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 08/30/2020UMBRELLA LIABD 08/30/202103124809 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEA08/30/2020 08/30/2021 AOS WC6078988727B 08/30/2020 08/30/2021 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC6078988713 Per Claim0312480608/30/2020 08/30/2021 Claims Made $5,000,000Aggregate E&O-PL-PrimaryE SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad/CMWD is included as Additional Insured in accordance with the policy provisions of the General & Automobile Liability policies. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Workers Compensation policy. Should any of the above described policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: 570083686166 570083686166 Aon Risk Services Central, Inc. 570000027699 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Michael Baker International, Inc TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION A WC6078988694 08/30/2020 08/30/2021 CA N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations with which you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status All locations as requested by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. CG 20 10 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: Continental Casualty Company Effective Date: 8/30/2020 Insured Name: Michael Baker International, LLC Copyright Insurance Services Office, Inc., 2012 CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement CNA74987XX (1-15) Page 1 of 1 Policy No: 6078988730 Endorsement No: Continental Casualty Company Effective Date: 8/30/2020 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a.the additional insured is a named insured under such other insurance; and b.the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement CG 20 37 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: 1 Effective Date: 08/30/2020 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: 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 or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; 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. POLICY NUMBER: 6078988680 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MICHAEL BAKER INTERNATIONAL, LLC Endorsement Effective Date: 8/30/2020 SCHEDULE Name Of Person(s) Or Organization(s): All persons or organizations with which you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA71527XX (Ed. 10/12) ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization for whom or which you are required by written contract or agreement to add as an additional insured on this policy. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the personor organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributorybasis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: 6078988680 Endorsement No: Effective Date: 08/30/2020Insured Name: Michael Baker International, LLC Copyright CNA All Rights Reserved. CONTINENTAL CASUALTY COMPANY Workers Compensation Blanket Waiver of Our Right to Recover From Others Policy No: WC 6078988713 Policy Effective Date: 08/30/2020 Policy Page: Form No: G-19160-B (11-1997) Endorsement Effective Date: 08/30/2020 Endorsement Expiration Date: 08/30/2020 Endorsement No: Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS Workers Compensation Blanket Waiver of Our Right to Recover From Others Policy No: WC 6078988694 Policy Effective Date: 08/30/2020 Policy Page: Form No: G-19160-B (11-1997) Endorsement Effective Date: 08/30/2020 Endorsement Expiration Date: 08/30/2020 Endorsement No: Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2020 CNA74702XX (1-15) Page 1 of 1 CONTINENTAL CASUATY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 30 Number of days notice for nonpayment of premium: Name of person or organization to whom notice will be sent: Address: Per schedule on file with the Company  If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 10 Policy No: 6078988680 Endorsement No: Effective Date: 08/30/2020 CNA86681XX (8-16) Page 1 Insured Name: MICHAEL BAKER INTERTNATIONAL, LLC © CNA All Rights Reserved. NOTICE OF CANCELLATION TO OTHERS ENDORSEMENT This endorsement modifies the notice of cancellation of insurance provided by this policy: In the event of cancellation of the insurance afforded by this policy, we agree to mail advance written notice to other persons or organizations subject to the following: 1. Number of days advance notice: 30 days, or as required by written contract or agreement. 2. Other person or organization: any person or organization to whom you are required by written contract or agreement to mail advance written notice of cancellation. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. This endorsement modifies insurance provided under the WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY: In the event of cancellation or material change that reduces or restricts coverage during the policy period, we agree to send prior written notice in the manner prescribed, to the person or organization listed in the Schedule. SCHEDULE 1.Number of days advance notice: For nonpayment of premium: 10 For any other reason: 30 2.Name and Address of Person or Organization: All other terms and conditions of the policy remain unchanged. © Copyright CNA All Rights Reserved. Form No: CNA87380XX (11-2016) Endorsement Effective Date: 8/30/2020 Endorsement No: 1 ; Page: 1 of 1 Endorsement Expiration Date: Policy No: WC 6078988713 Policy Effective Date:8/30/2020 Policy Page: Underwriting Company: American Casualty Company of Reading, PA This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT Workers Compensation NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT MBI Manu (09/20) ENDORSEMENT NO. TBA ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This Endorsement, effective at 12:01 a.m. on August 30, 2020, forms part of Policy No. 0312-4806 Issued to Michael Baker International, LLC Issued by Allied World Surplus Lines Insurance Company In consideration of the premium charged, it is hereby agreed that Section VIII. CONDITIONS, Subsection H. is amended to include the following additional condition: In the event that the Company cancels this Policy for any reason, other than for the nonpayment of premium or is materially reduced in coverage by endorsement, the Company will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Entity or Individual Address Number of Days advance Written Notice of Cancelation (Other Than Nonpayment of Premium) Per Schedule on file with Company 30 (thirty) Any failure on the Insurer’s part to deliver such notice will not impose liability of any kind upon the Insurer or invalidate the cancellation. Any entity or individual listed above is not an Insured or a Loss Payee under this Policy. No coverage will be available under this Policy for any Claim brought by or against any entity or individual listed above. All other terms, conditions and limitations of this Policy shall remain unchanged. Authorized Representative AMENDMENT NO. 1 TO AMEND AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES MICHAEL BAKER INTERNATIONAL, INC. This Amendment No. 1 is entered into and effective as of the 1 ;i"t day of 06\:oX)l( S:::: , 20..ft, amending the agreement dated October 1, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, Inc., ("Contractor") (collectively, the "Parties") for construction document preparation and construction administration for the Calavera Hills Community Park Gateway Project. RECITALS A. The Parties desire to alter the Agreement's scope of work for additional engineering and landscape architectural services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,000). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by October 1, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR (sign here) -rrm :11i iele., 0ce...Presidenf- (print nime/title) By: (print nam~/title) 4 SJ I J T fl r-1r .J e ql(i r4fl__,y CITY OF CARLSBAD, a municipal corporation of the State of California By: c;cy~ ATTEST: ~~J-CdJk 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Michael Baker International, Inc. will provide additional engineering and landscape architectural services for the Calavera Hills Community Park Gateway Improvements Project. Task 1 -On-Site Improvements/Grading Plan Additional revisions to civil plans and specifications to address City and outside agency plan check comments received since 8/14/2018. Task 2 -Address 3rd Party Review Comments Services to address third-party review comments on a time and materials basis according to the hourly rates for such work as agreed to by the City and Contractor. Task 3-Reimbursable Expenses Deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursables will be billed at cost. Task 4 -Additional Services Additional services, as needed and approved by the City, according to the hourly rates for such work as agreed to by the City and Contractor. FEE SCHEDULE Total Amendment amount shall not exceed thirty-five thousand dollars ($35,000). TASK NO. TASK DESCRIPTION PRICE 1 On-Site Improvements/Grading Plan $15,095.00 2 Address 3rd Party Review Comments (T&M, not to exceed) $3,110.00 3 Reimbursable Expenses $250.00 SUB-TOTAL (Tasks 1 -3) $18,455.00 4 Additional Services, as needed and approved by the City $16,545.00 TOTAL $35,000.00 City Attorney Approved Version 1/30/13 3 FEE AND HOURLY BREAKDOWN CALAVERA HILLS COMMUNITY PARK GATEWAY PROJECT May 29, 2019 Calavera Hill Community Park Gateway Project -Grading Plan Additional Work & Modifications P.O.# PROJECT No. PD 2019-0004, DWG. 516-3A MBI JN: 144446 / 169200 Project Project Design Landscape Landscape MBI Survey EPI TOTAL TOTAL I Traffic Manager Engineer Engineer Manager Designer Electrical TASKS WORK DESCRIPTION $220 $165 $140 $180 $145 COSTS HOURS -1. Grading Plan Modifications a. Add boundary and easement data 2 $ 500.00 3 b. Add existing utilities w/in limit of work 2 $ 445.00 3 c. Remove SWPPP from lans 2 $ 280.00 2 d. Update Cost Estimate 2 $ 280.00 2 e. U date S ecifications 2 8 $ 1,760.00 10 f. Address plancheck comments 4 4 32 $ 6,020.00 40 Address P&R comments / Landsca e 8 18 $ 4,050.00 26 h. Project coordination and meetings 8 $ 1,760.00 8 Sub-Total Gradin Plan Modification $ 15,095.00 94 2 Address 3rd Pa Review Comments Time & Material a. Address 3rd Party Review Comments 2 2 10 2 4 $ 3,110.00 20 Sub-Total Additional Planchecks $ 3,110.00 20 Reimbursables $ 250.00 TASK TOTALS 17 15 50 10 22 $ $ $ 18,455.00 114 Prepared by: Michael Baker International ~ I DATE(MM/00/YYYY) ACC>RCJ• CERTIFICATE OF LIABILITY INSURANCE 08/30/2019 .___.... 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 CONTACT NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 I r~. No.l: (800) 363-0105 Pittsburgh PA office (AIC. No. Ext): EQT Plaza~ suite 2700 E-MAIL 625 Liberty Avenue ADDRESS: Pittsburgh PA 15222-3110 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Insurance America Inc 24554 Michael Baker International, Inc INSURER B: Continental casualty Company 20443 5 Hutton Centre Drive American Casualty Co. of Reading PA 20427 suite 500 INSURER C: Santa Ana CA 92707 USA INSURER D: Transportation Insurance Co. 20494 INSURER E: Beazley Insurance Company, Inc. 37540 INSURER F: COVERAGES CERTIFICATE NUMBER: 570078094024 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. Limits shown are as requested 'Lri TYPE OF INSURANCE Wso ''wvo POLICY NUMBER ,,~Jil'ol'vm, ,~~lti'oM-vv LIMITS B X COMMERCIAL GENERAL LIABILITY 1ou/!:S~!:S!:S/~u U!:S/ jU/LUB IU!:S/jU/ LULU EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE 0occuR General Liability U"M"'-"C JO O"<CN I CU $100,000 PREMISES (Ea occurrence\ MED EXP (Any one person) $10,000 ,__ PERSONAL & ADV INJURY $2,000,000 ,__ $4,000,000 GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE Fl 0PR~ 0Loc $4,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER. B AUTOMOBILE LIABILITY BUA 6078988680 08/30/2019 08/30/2020 COMBINED SINGLE LIMIT $2,000,000 /Ea accident\ Commercial Auto -AOS X ANY AUTO BODILY INJURY ( Per person) ,__ OWNED ~ SCHEDULED BODILY INJURY (Per accident) ~ AUTOS ONLY AUTOS ,__ NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident\ ,__ ONLY ,__ AUTOS ONLY A X UMBRELLA LIAS H OCCUR US00079952LI19A 08/30/2019 08/30/2020 EACH OCCURRENCE $10,000,000 f-umbrella AGGREGATE $10,000,000 EXCESS LIAS CLAIMS-MADE OED j X I RETENTION SlO, 000 C WORKERS COMPENSATION AND WC6078988713 08/30/2019 08/30/2020 XI PER I lnH-EMPLOYERS' LIABILITY YIN AOS STATUTE D ANY PROPRIETOR/ PARTNER/ EXECUTIVE tJ WC6078988727 08/30/2019 08/30/2020 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) WI E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 E E&o-PL-Primary PSDEF1900460 08/30/2019 08/30/2020 Per claim $5,000,000 Professional Liab. and CP Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Add~ional Remarks Schedule, may be attached~ more space is required) RE: All Operations. City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008 USA ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE I/I/ILL BE DELIVERED IN ACCORDANCE I/\/ITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OJ .... N 0 / .... a, 0 co ,._ 0 0 ,._ "' 0 z .! ftl 0 ;;:: t: GI ✓ AGENCY CUSTOMER ID: 570000027699 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk services central, Inc. Michael Baker International, Inc POLICY NUMBER see certificate Number: 570078094024 CARRIER I NAIC CODE see certificate Number: 570078094024 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER($) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of_ 'ADDITIONAL POLICIES If a policy below does not include limit infonnation, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR EFFECTIVE EXPIRATION TI'PE OF INSURANCE POLICY NUMBER LIMITS LTR INSD WVD DATE DATE (MM/DD/YYYY\ IMM/DD/YYYY\ WORKERS COMPENSATION C N/A WC6078988694 08/30/2019 08/30/2020 CA ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Additional Insured -Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s) Information required to complete this Schedule, 1f not shown above, will be shown In the Declarations. It is understood and agreed as follows: 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. CG 20 10 (04-13) Page 1 of 1 CONTINENTAL CASUAL TY COMPANY Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 CNA CNA PARAMOUNT Primary and Noncontributory -Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX (1-15) Page 1 of 1 Continental Casualty Company Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Policy No: 6078988730 Endorsement No: Effective Date: 8/30/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc, with its permission. C'NA CNA PARAMOUNT Additional Insured -Owners, Lessees or Contractors - Completed Operations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: 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 or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:· 1. Required by the contract or agreement; 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. CG 20 37 (04-13) Page 1 of 1 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 Copyright Insurance Services Office, Inc., 2012 CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named lnsured's ongoing operations or your work included in the products-completed operations hazard. · All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Policy No: 6078988730 Endorsement No: Effective Date: 08/30/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES MICHAEL BAKER INTERNATIONAL, INC. e{~cf;3REEMENT is ma~ and entered into as of the Ls-t-day of C.: o f2: , 20.12., by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Michael Baker International, Inc., a Pennsylvania corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in preparing construction documents and providing construction administration. B. Contractor has the necessary experience in providing professional services and advice related to construction document preparation and construction administration for the Calavera Hills Community Park Gateway Project. 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 years from the date first above written. The City Manager may amend the Agreement to extend it for one additional one-year period 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 shall not exceed thirty-five thousand dollars ($35,000). 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". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus City Attorney Approved Version 6/12/18 2 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 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. 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 projecUlocation 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 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 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. 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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 City Attorney Approved Version 6/12/18 3 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kasia Trojanowska Title Park Planning Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Ave., Suite 200 Carlsbad, CA 92010 Phone No. 760-434-2826 For Contractor Name Tim Thiele Title Vice President Address 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Phone No. 760-603-6243 Email tthiele@mbakerintl.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. City Attorney Approved Version 6/12/18 4 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[gl No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR -r, M :::CH I € L€' . v, t,C P fl.£46 u)EY\}r (print ntime/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~ CHRl<ldJ.ZE Parks & Recreation Director ATTEST: By:jt()j/ (sign here) 5/cut /j{r; /4s-,-s:j~/ ,;c,c4; \LAO-i<rtL~ BARBARA ENGLESON City Clerk (print name/title) ' If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES Michael Baker International, Inc. will update construction documents/specifications and provide construction administration support for the Calavera Hills Community Park Gateway Improvements Project which is located at the SW intersection of Carlsbad Village Drive and Glasgow Drive. Task 1 -Project Re-Start/Update a. Review Project Plans Review civil, landscape architect and electrical plans from July 2015, address City comments from email dated 8/14/18, and provide an updated plan set to the City. This includes a submittal to DEH and 24 hours for one round of plan check revisions. b. Update Specifications Revise plans and specifications based on findings from Task 1.a. Anticipated changes include: names, dates, stamps, and minor revisions for code or standard detail call-outs that have changed in the last two years. This does not include any redesign of the project. c. Update Project Cost Estimates Review and reconfirm unit prices and availability of products for the project and update the engineer's estimate accordingly prior to project bidding. d. Project Management and Meetings Provide bi-monthly progress reports including description of work complete, description of work remaining, summary of expenditures to date, and typical project correspondence, communications and meeting attendance. Task 2 -Construction Administration a. Bid and Construction Support i. Attend one pre-construction meeting and four construction meetings as required by City to coordinate with the construction contractor and note changes on-site that will affect the grading and improvement plans. ii. Address Requests for Information received for the project during construction. iii. Develop a "punch list" and conduct a pre-final and final walkthrough to verify all issues on the punch list have been resolved. iv. Construction changes are not included and will be considered additional services. b. Record Drawings Prepare record drawings for the project based on red-lines provided by the City and construction contractor. Prepare and submit plans to the City for review and approval. City Attorney Approved Version 6/12/18 8 SCHEDULE OF FEES Total Agreement amount shall not exceed thirty-five thousand dollars ($35,000). Invoices will show a breakdown of activities billed on a time and materials basis. ITEM NO. DESCRIPTION PRICE Task 1 -Project Re-Start Update • Update Construction Documents/Specifications • Update Project Cost Estimate 1 • Project Management and Meetings $22,340.00 Task 2 -Construction Administration 2 • Bid and Construction Support • Record Drawinos $10,885.00 3 Reimbursable Expenses $ 600.00 4 Additional Services, as needed and approved by the City $1,175.00 TOTAL COST: $35,000.00 A Reimbursable Expenses Deliverable reproductions will be printed by the City's preferred reprographics company. Ancillary reimbursable expenses will be billed at cost. B. Additional Services Additional services will be billed on a time and materials basis based on hourly rates listed in the attachment. All additional services require pre-approval by City. City Attorney Approved Version 6/12/18 9 ATTACHMENT A CALAVERA HILLS COMMUNITY PARK GATEWAY PROJECT FEE AND HOURLY BREAKDOWN 1. Calavera Hill Community Park Gateway Project a. Revise Project Plans 4 28 5 40 $ 3,000 $ 14,280.00 77 b. Revise Project Specifications 1 4 2 6 $ 1,000 $ 3,110.00 13 C. Update Cost Estimate 4 4 $ 1,420.00 9 d. Project Management & Meetings 5 6 8 $ 3,530.00 19 Sub-Total Project Re-start $22,340.00 118 2. Construction Administration e. Bid and Construction Support (T&M) 2 10 4 6 14 $ 2,000 $ 7,760.00 36 f. Record Drawings 1 8 1 8 $ 500 $ 3,125.00 18 Sub-Total Construction Support $10,885.00 54 Reimbursables $ 600.00 TASK TOTALS 8 29 40 23 72 $ 6,500 $33,825.00 172 Prepared by: Michael Baker International ~ I DATE(MM/DD/YYYY) AC:c:>R c:,"" CERTIFICATE OF LIABILITY INSURANCE ~ 08/24/2018 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 CONTACT NAME: Aon Risk services central, Inc. PHuNt: (866) 283-7122 I r~. No.I: (800) 363-0105 Pittsburgh PA office (A/C. No. Ext): EQT Plaza -suite 2700 E-MAIL 625 Liberty Avenue ADDRESS: Pittsburgh PA 15222-3110 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Liberty Mutual Fire Ins co 23035 Michael Baker International, Inc INSURER 8: Liberty Insurance corporation 42404 5 Hutton centre Drive suite 500 INSURERC: Lloyd's syndicate No. 2623 AA1128623 Santa Ana CA 92707 USA INSURERD: XL Insurance America Inc 24554 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 570072755456 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. Limits shown are as requested """' TYPE OF INSURANCE 1N& wx POLICY NUMBER IMMiooivvv'vi IMM/OD~ LIMITS LTR A X COMMERCIAL GENERAL LIABILITY TBL"" '"":!."5718 08/j0/20U 08/30/2019 EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE 0occuR General Liability U"M"'-'C: I U r-.C:N C:U $300,000 PREMISES IEa occurrence\ -MED EXP (Any one person) $10,000 -PERSONAL & ADV INJURY $2,000,000 -GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ 0PR~ @Loe $4,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: A AUTOMOBILE LIABILITY AS2-681-004145-728 08/30/2018 08/30/2019 COMBINED SINGLE LIMIT $2,000,000 commercial Auto -AOS /Ea accident\ - X ANY AUTO BODILY INJURY ( Per person) -OWNED ...--SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS -t--NON-OWNED PROPERTY DAMAGE HIRED AUTOS /Per accident) -ONLY t--AUTOS ONLY D X UMBRELLA UAB ~ OCCUR US00079952LI18A 08/30/2018 08/30/2019 EACH OCCURRENCE $10,000,000 -Umbrella AGGREGATE $10,000,000 EXCESS UAB CLAIMS-MADE DED/ X /RETENTION U0,000 B WORKERS COMPENSATION AND WA768D004145778 08/30/2018 08/30/2019 XI PER I IOTH-EMPLOYERS' LIABILITY workers comp -AOS STATUTE ER Y/N $1,000,000 ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 ~~;~~~ti~ onl~PERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 C E&o-PL-Primary PSDEF1800460 08/31/2018 08/30/2019 Per claim $5,000,000 Professional Liab, and CP Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Add~ional Remarks Schedule, may be attached if more space is required) RE: All operations. City of Carlsbad is included as Additional Insured in accordance with the policy prov1s1ons of the General Liability policy. General Liability policy evidenced herein is Primary and Non-contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A waiver of subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008 USA ACORD 25 (2016/03) 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. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ... GI ;;: :.. C: GI ~ ... GI "Cl 0 :c v' <D "' ;iii "' r--N r--0 0 I;; 0 z ~ ;;: :e GI 0 / POLICY NUMBER: TB2-681-004145-718 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury'' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location(s) Of Covered Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: TB2-681-004145-718 COMMERCIAL GENERAL LIABILITY CG 2037 0413 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 LIABIUTYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILfTYCOVERAGE PART 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-681-004145-718 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT -SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILllYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILllYCOVERAGE PART LIQUOR LIABILllYCOVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV -Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV -Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". Schedule Person or Organization: All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. LC 2420 0213 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: TB2-681-004145-718 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information reQuired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1