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HomeMy WebLinkAboutNinyo and Moore; 2015-11-17; CA1293PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 12 PROJECT NO. 6081 CA1293 This twelfth Project Task Description and Fee Allotment, is entered into on , Jnn,c, l'3 , 2AJI(}"" , pursuant to an Agreement between NINYO & MOORE.GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Geotechnical 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 May 9, 2018, ("proposal"), attached as Appendix "A" for the El Fuerte Road Failure Investigation, (the "Project"). The Project services shall include Document review and geologic reconnaissance of El Fuerte Street between Loker Avenue and Faraday Avenue .. 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 one hundred (100) 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 is $9,872. City Attorney Approved Version 7 /19/17 CA1293 TABLE 1 FEE ALLOTMENT DOCUMENT REVIEW AND GEOLOGIC RECONNAISSANCE TASK GROUP TIME & MATERIALS 1. Background Review and Project Coordination $1,536.00 2. Geotechnical Reconaissance, Photodocumentation, and Mapping 3. Data Compilation and Analysis TOTAL (Not-to-Exceed) CONTRACTOR NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation (name of Contractor) By~~ Avram Ninyo, PE, GE/President (print name/title) $2,896.00 $5,440.00 $9,872.00 NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation (name of Contractor) By: ~(g,~ (sign here) Elaine 0. Autus/Assistant Secretary (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 1 By: . ,, Date: __ 6_:._,_17_7 _'_1_<5_-< _____ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~~ Deputy City Attorney City Attorney Approved Version 7 /19/17 2 Geotechnical & Environmental Sciences Consultants May 9, 2018 Project No. 108040000 Mr. Daniel Zimny, PE, QSD Assistant Engineer City of Carlsbad APPENDIX A Public Works -Transportation and Engineering 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Geotechnical Consulting Services El Fuerte Street between Loker and Faraday Avenues Carlsbad, California Dear Mr. Zimny: In response to your request, we are pleased to submit this proposal to provide geotechnical consulting services regarding the existing pavement conditions along El Fuerte Street between Loker and Faraday Avenues in Carlsbad, California. This proposal is based on our discussions with you during our site visit on May 2, 2018. Based on the visit, we observed several pavement areas where the asphalt concrete (AC) has previously failed and been repaired. We also noted sunken areas of AC, uplifted AC, cracking AC, settling sidewalk panels, and displaced curbs and sidewalk panels. Furthermore, several of the features noted along the southwesterly side of the street were generally in line with the existing underground storm drain utility line. However, we understand that the features observed on the northeasterly side of the street do not tend to correspond with existing underground utility pathways. We are currently performing geotechnical consulting services for the Carlsbad Municipal Water District to evaluate and monitor similar conditions at the El Fuerte Sewer Lift Station located near the intersection of El Fuerte Street and Faraday Avenue. Our initial phase of work for the El Fuerte Sewer Lift Station included the performance of a geotechnical evaluation of the subsurface soils. The next phase of work is to include the installation of slope inclinometers and settlement monitors to evaluate for continued movement of the subsurface soils at the El Fuerte Sewer Lift Station site. 571 0 Rufiin Road I San Diego, California 92123 I p 858.576.1000 I 1,w,w.ninyoandmoore corn 3 APPENDIX A • The City of Carlsbad will provide available road maintenance records, geotechnical reports, compaction reports, utility camera videos, and/or as-built plans for the roadway, underground utilities including the storm drain line, sewer lift station, and surrounding development. • Subsurface exploration and associated geotechnical laboratory testing are not included in this scope and fee. We appreciate the opportunity to submit our proposal to you and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE ~!:t: Senior Engineer ~;::,::v Kenneth H. Mansir, Jr., PE, GE Principal Engineer CAT/JTK/KHM/gg Distribution: (1) Addressee (via email) Ninyo & Moore I El Fuerte Street between Loker and Faraday Avenues, Carlsbad, California I 108040000 I May 9, 2018 4 3 ' APPENDIX A Table 1 -Breakdown of Estimated Fee Background Review and Project Coordination Principal Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geolog ist/Environmental Scientist 4 hours @ $ 148.00 /hour $ 8 hours @ $ 118.00 /hour $ Subtotal $ Geotechnical Reconaissance, Photodocumentation, and Mapping Principal Engineer/Geologist/Environmental Scientist Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Data Compilation and Analysis Principal Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist 6 hours@ $148.00 /hour $ 8 hours@ $133.00 /hour $ 8 hours@ $118.00 /hour $ Subtotal $ 24 hours @ $ 148.00 /hour $ 16 hours@ $118.00 /hour $ Subtotal $ 592.00 944.00 1,536.00 888.00 1,064.00 944.00 2,896.00 3,552.00 1,888.00 5,440.00 TOTAL ESTIMATED FEE $ 9,872.00 Ninyo & Moore I El Fuerte Street Between Loker and Faraday Avenues. Cartsbad California 1108040000 I PRJ1045 I May 9, 2018 5 5 Client#· 704 NINYOMOOR1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 5/03/2018 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~t•,cT Doris A. Chambers Dealey, Renton & Associates rlJgN:o Ext\: 510 465-3090 l r.e~, Nol: 510 452-2193 P. 0. Box 12675 !i:i~~ss: dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC# 510 465-3090 • Sarah D'anjou 1NsuRER A , Travelers Property Casualty Co 25674 INSURED INSURER B: American Automobile Ins. Co. 21849 Ninyo & Moore Geotechnical & INSURER c: Evanston Insurance Company 35378 Environmental Sciences Consultants INSURER D: 5710 Ruffin Road INSURER E: San Diego, CA 92123 INSURER F: COVERAGES CERTIFICATE NUMBER· 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 ,&~Mg~, 1,&~Jclg~, LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6308986R247 10/03/2017 10/03/20H EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE ~ OCCUR S~~bi?,~J9E~~~JuEr~ence\ $1 000 000 X Contractual MED EXP (Any one person) $10,000 X OCP PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl [r]PRO-DLOC $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ V A AUTOMOBILE LIABILITY y y ~ 8108986R247 10/03/2017 10/03/2018 ~~~~b~~~?NGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ -NON-OWNED ~ROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident) $ $ A __X UMBRELLA LIAB ~ OCCUR y y CUP9J428527 10/03/2017 10/03/2018 EACH OCCURRENCE $9 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9 000 000 DED I I RETENTION$ $ B WORKERS COMPENSATION y SCW0021231801 05/01/2018 05/01/2019 X T~~~TOOT<C T 1giH-AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT C Professional Liab y MKL V7PL0002608 !04/03/2017 10/03/20H $5,000}000 per Claim & Contractor's $5,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) REF: Master Agreement for Geotechnical Engineering Services. Agreement Name : Geo Tech -Agua Hedionda Creek -Coman Property. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Carlsbad, its officials, employees and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I .,gJ:L-.., © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2316876/M2309314 DAC 6308986R247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRY EDGE SM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE • This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force • Bodily Injury Or Property Damage D. Non-Owned Watercraft• Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage • Damage To Premises Rented To You G. Personal Injury• Assumed by Contract H. Increased Supplementary Payments I. Additional Insured • Owner, Manager Or Lessor Of Premises J. Additional Insured • Lessor Of Leased Equip- ment K. Additional Insured • State Or Political Subdivisions• Permits Relating To Premises L. Additional Insured • State Or Political Subdivisions• Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED • UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured • Newly Acquired Or Formed Organizations N. Injury To Co-Employees And Co-Volunteer Workers 0. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition • Rail- road Easement V. Additional Definition • Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II• WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I • COV- ERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in_ the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION Ill• LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE • EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT • INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II • WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I a COVERAGES a COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE • DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I• COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION Ill • LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION Ill• LIMITS OF INSURANCE Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY • ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION I • COV- ERAGES• COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS• COVER- AGES A AND B of SECTION I • COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. I. ADDITIONAL INSURED • OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that "written contract requir- ing insurance". 2. The insurance provided to such additional in- sured under this Provision I. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED • LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. Page 4 of 8 © 2008 The Travelers Companies, Inc. CG 04 15 05 08 (Rev. 10-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO PREMISES The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO OPERATIONS The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products • completed operations hazard". M. WHO IS AN INSURED • NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II• WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTION II • WHO IS AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of SECTION II • WHO IS AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. 0. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION Ill• LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV• COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I • Coverage A • Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and Page 6 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V • DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section Ill) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion Ill) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV • COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. 5. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV • COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- CG 04 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION • RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement 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 the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) POLICY NUMBER: 6308986R247 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or or- ganization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schedule. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium we will mail notice of cancellation to the person or or- ganization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above be- fore the effective date of cancellation. ILT4001209 © 2009 The Travelers Indemnity Company Page 1 of 1 8108986R24 7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the rec1sonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 8108986R247 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or or- ganization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schedule. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium we will mail notice of cancellation to the person or or- ganization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above be- fore the effective date of cancellation. IL T4 00 12 09 © 2009 The Travelers Indemnity Company Page 1 of 1 Insured: Ninyo & Moore Geotechnical & Policy Number: SCW0021231801 Effective Date: 05/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in favor of:-The City of Carlsbad, its officials, employees and volunteers Countersigned by ~ c... • 7 Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 PROJECT NO. 3840-A CA1293 This eleve h Project Task Description and Fee Allotment, is entered into on ·· ., · , pursuant to an Agreement between Ninyo & Moore, ("C ntrac ") an e City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the ms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical 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 April 12, 2018, ("proposal"), attached as Appendix "A" for the El Fuerte Sewer Lift Station Geotechnical Evaluation with Inclinometer Monitoring, (the "Project"). The Project services shall include geotechnical evaluation with inclinometer monitoring for an existing site for settlement and slope movement issues at the El Fuerte Sewer Lift Station. 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 three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred forty (140) 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 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 monthly invoices. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix "A", then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $52,082. City Attorney Approved Version 7/19/17 CA1293 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7 /19/17 2 CA1293 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION WITH INCLINOMETER MONITORING FOR THE EL FUERTE SEWER LIFT STATION ~-·.·.· ' ·.·· ',., .. '", , GFlOUP'' .. ·,;,::· 'C''.'. ,,,,,. .,. ii>'.'!tME .. Ma'fEIIJALS ··' YA<J1,\~~ i , , , c ',"J' , " ' ,' l, , ,' "", ,: , Proiect Coordination and Review $1,590 Permit Acquisition and 60-Day Report $2,032 Site Reconnaissance and Markout for Utility Clearance $746 Subsurface Evaluation Laboratory Analyses Data Compilation and Analysis Report Preparation Inclinometer Readings TOTAL (Not-to-Exceed) CONTRACTOR Ninyo & Moore, a California corporation (name of Contractor) By~~ ' (sign here) Av'-rav(\ ~if\~o A 'P-r1s1·d~l\r (print n me itle) $18,866 $5,480 $4,672 $4,670 $14,026 $52,082 Ninyo & Moore, a California corporation (name of Contractor) By: c;;/au06-.~ (sign here) ,A.f.f';i'/-ant f-I a, Y? 'e o . ~ fu J' / J' t-() ~ ¼ry (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. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --=~-----~-=-------------~- Deputy City Attorney City Attorney Approved Version 7/19/17 3 Geotechnical & Environmental Sclencu Con1ult,nt1 April 12, 2018 Project No. 108064002 Ms. Cathy Nhothsavath City of Carlsbad Public Works 5950 El Camino Real Carlsbad, California 92008 Subject: Revised Proposal for Additional Geotechnical Consulting Services El Fuerte Sewer Lift Station-Settlement Issues El Fuerte Street and Faraday Avenue Carlsbad, California Dear Ms. Nhothsavath: APPENDIX A In response to your request, we are pleased to submit this proposal to perform additional geotechnical consulting services at the existing El Fuerte Sewer Lift Station. The lift station is located southeast of the intersection of El Fuerte Street and Faraday Avenue in the City of Carlsbad, California. We have recently performed geotechnical services to evaluate the potential causes of the settlement/distress features at the lift station. Our services included a site reconnaissance and mapping, subsurface exploration, and geotechnical laboratory testing. Our subsurface exploration indicated that the fill materials underlying the lift station were in a very loose to loose condition, exhibited high moisture contents, expansive, and compressible. In addition, we concluded that slope creep was a potential cause of the settlement/distress features at the lift station. We have recommended installation of inclinometers and regular monitoring of the slope. Based on your recent request to evaluate the subsurface conditions at the western portion of the site near the sewer pipes and provide inclinometers and monitoring of the slope, our scope of services are provided below. This scope does not include providing recommendations for the remediation alternatives presented in our report. This is anticipated to be done at a later date. This proposal is revised based on the comments received from the City on our previous proposal dated March 23, 2018 and our further discussions with the City on April 11, 2018. 5710 Ruffin Road I San Diego, California 92123 I p. 858.576.1000 I www.ninyoandmoore.com APPENDIX A SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services: • Project coordination and review of available geotechnical reports, faulting and seismic hazard reports, geologic maps, topographic maps, and stereoscopic aerial photographs. • Obtaining boring and well construction (inclinometer) permits from the County of San Diego Department of Environmental Health (DEH). • Reconnaissance of the site and mark-out of proposed exploration locations by an engineer or geologist from our office. • Contacting Underground Service Alert (USA) and coordinating with City personnel for utility clearance. • Performing exploration, logging, and sampling of four (4) small diameter hollow-stem auger borings. The borings will be explored to a depth up to approximately 25 feet (or refusal). Soil samples obtained during drilling will be returned to our in-house laboratory for testing. • Two (2) borings will be performed in the western portion of the site near sewer pipes in accessible areas as determined by the City. These borings will be backfilled and patched with concrete or PermaPatch upon completion. • Two (2) borings will be performed in the northern portion of the site. Inclinometer casing will be installed in these borings for continued monitoring. • Performing laboratory testing of soil samples including in-place moisture content and density, grain-size analysis, Atterberg limits, expansion index, consolidation, direct shear, and soil corrosivity (pH , resistivity, sulfate content and chloride content), as appropriate. • Compilation and engineering analysis of data to develop preliminary remediation recommendations. • Providing a Preliminary Geotechnical Evaluation Report with our findings, conclusions, and preliminary recommendations for the sewer pipelines. • Obtaining inclinometer readings once in every two weeks. A total of 12 site visits are assumed for a monitoring period of approximately six months. Additional monitoring/site visits, if requested by the City, could be performed at additional cost in accordance with our fee schedule. As requested by the City, we will include an inclinometer monitoring plan consisting of installation and monitoring information, a cross-section of inclinometer boring construction, and a boring location plan. Data will be compiled, tabulated, and plotted for each monitoring point following each monitoring event. A transmittal/summary report consisting of inclinometer readings will be provided after each monitoring event and a list of anomalies, if any, will be included in the report. Our reports will include plot of displacement at specific depth intervals for each inclinometer boring and each monitoring event. Ninyo & Moore I El Fuerte Sewer Lift Station, Carlsbad, California I 108064002 I April 12, 2018 2 APPENDIX A ASSUMPTIONS In preparing this proposal, we have made the following assumptions: • No permits will be required, except the County DEH permit. • City of Carlsbad will mark-out utilities and As-built utility plans will be provided to us. • Permission for site access to our personnel and vehicles will be granted. We will provide 24- hour notice to the City for site access. • The fieldwork may be performed during regular business hours (Monday through Friday). • Soil cuttings from drilling operations will be collected in 55-gallon steel drums for off-site disposal. The drums will be temporarily stored on-site for approximately four weeks until the soil analytical testing is completed. • Two borings performed near sewer pipes within asphalt pavements will be capped with concrete or PermaPatch. • Abandoning of the inclinometers in accordance with the DEH guidelines is not a part of this scope of work. The abandonment of the inclinometers should be performed under separate scope of work at a later date under a separate DEH permit. Additional fees will apply for the abandonment of the inclinometers, which is estimated to be approximately $12,000 (Twelve Thousand Dollars) considering both the inclinometers would be abandoned at the same time. • Environmental sampling and/or testing is not part of this scope of work. SCHEDULING We will begin preparing the application for the boring permit immediately upon your authorization. We will mobilize for field exploration within two weeks after receiving the approved boring permit. Our field exploration is anticipated to take two days. It is anticipated that the report will be completed within four weeks following the completion of the field exploration activities. REFERENCES City of Carlsbad, 2006, Plans for the Construction of the El Fuerte Sewer Lift Station in the City of Carlsbad: dated February 13. Geocon, 2014, Update Geotechnical Investigation, Carlsbad Oaks North Business Park and Faraday Avenue Offsite, Carlsbad, California: dated October 21. Ninyo & Moore, 2018a, Preliminary Geotechnical Data Report, El Fuerte Sewer Lift Station, El Fuerte Street and Faraday Avenue, Carlsbad, California: dated February 16. Ninyo & Moore, 2018b, Preliminary Geotechnical Recommendations-Remediation Alternatives, El Fuerte Sewer Lift Station, El Fuerte Street and Faraday Avenue, Carlsbad, California: dated February 28. Ninyo & Moore I El Fuerte Sewer Lift Station, Carlsbad, California I 108064002 I April 12, 2018 3 APPENDIX A If this proposal meets with your approval, please provide your contract documents for signature. We appreciate the opportunity to be of continuous service on this project. Respectfully submitted, NINYO & MOORE ~-Madan Chirumalla, PE, GE Senior Project Engineer CAT/MAC/KHM/gg Attachments: References c ~2:.~~'7 Kenneth H. Mansir, Jr., PE, GE Principal Engineer Table 1 -Breakdown of Estimated Fee Distribution: (1) Addressee (via e-mail) Ninyo & Moore I El Fuerte Sewer Lift Station, Carlsbad, California I 108064002 I April 12, 2018 4 r APPENDIX A Table 1 -Breakdown of Estimated Fee Project Coordination and Background Review Principal Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Permit Acquisition and 60-Day Report Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist County DEH Boring Permit Fees Site Reconnaissance and Markout for Utility Clearance Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Subsurface Evaluation 2 hours @ $ 148.00 /hour 6 hours @ $ 137.00 /hour 4 hours @ $ 118.00 /hour Subtotal 2 hours @ $137.00 /hour 6 hours @ $118.00 /hour Estimated Subtotal 2 hours @ $ 137.00 /hour 4 hours @ $ 118.00 /hour Subtotal (Assumes 4 borings up to approximately 25 feet deep or refusal) Project Engineer/Geologist/Environmental Scientist 22 hours @ $ 133.00 /hour Drill Rig (Subcontractor) Estimate Soil Drums 8 drums @ $ 80.00 /drum Analytical Tes ting for Soil Disposal 8 samples@ $ 300.00 /sample Drum Disposal 8 drums @ $ 175.00 /drum Subtotal Laboratory Analyses Atterberg Limits, D 4318, CT 204 4 tests @ $ 160.00 /test Chloride and Sulfate Content, CT 417 & CT 422 2 tests @ $ 150.00 /test Consolidation, D 2435, CT 219 2 tests @ $ 300.00 /test Direct Shear -Undisturbed, D 3080 2 tests @ $ 275.00 /test Expansion Index, D 4829, IBC 18-3 2 tests @ $ 180.00 /test Moisture and Density, D 2937 48 tests @ $ 45.00 /test pH and Resistivity, CT 643 2 tests @ $175.00 /test Sieve Analysis, D 422, CT 202 4 tests @ $ 130.00 /test Subtotal Data Compilation and Analysis Principal Engineer/Geologist/Environmental Scientist 4 hours @ $ 148.00 /hour Senior Project Engineer/Geologist/Environmental Scientist 16 hours @ $ 137.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 16 hours @ $ 118.00 /hour Subtotal Report Preparation Principal Engineer/Geologist/Environmental Scientist 4 hours @ $ 148.00 /hour Senior Project Engineer/Geologist/Environmental Scientist 16 hours @ $ 137.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 10 hours @ $ 118.00 /hour Technical Illustrator/CAD Operator 6 hours @ $ 75.00 /hour Data Processing, Technical Editing, or Reproduction 4 hours @ $ 64.00 /hour Subtotal Ninyo & Moore I El Fuerte Sewer Lift Station 1108064002 1 PRJ1045 I April 12, 2018 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 296.00 822.00 472.00 1,590.00 274.00 708.00 1,050.00 2,032.00 274.00 472.00 746.00 2,926.00 11,500.00 640.00 2,400.00 1,400.00 18,866.00 640.00 300.00 600.00 550.00 360.00 2,160.00 350.00 520.00 5,480.00 592.00 2,192.00 1,888.00 4,672.00 592.00 2,192.00 1,180.00 450.00 256.00 4,670.00 1 of 2 Table 1 -Breakdown of Estimated Fee Inclinometer Readings Principal Engineer/GeologisUEnvironmental Scientist Senior Project Engineer/GeologisUEnvironmental Scientist Project Engineer/GeologisUEnvironmental Scientist Inclinometer Usage Technical Illustrator/CAD Operator Data Processing, Technical Editing, or Reproduction 4 hours 18 hours 60 hours 60 hours 4 hours 12 hours APPENDIX A @ $ 148.00 /hour $ 592.00 @ $137.00 /hour $ 2,466.00 @ $133.00 /hour $ 7,980.00 @ $ 32.00 /hour $ 1,920.00 @ $ 75.00 /hour $ 300.00 @ $ 64.00 /hour $ 768.00 Subtotal $ 14,026.00 TOTAL ESTIMATED FEE $ 52,082.00 Ninyo & Moore I El Fuerte Sewer Lift Station I 108064002 I PRJ1045 I April 12, 2018 2 of2 Client#· 704 NINYOMOOR1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 10/11/2017 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~i~"'T Doris A. Chambers Dealey, Renton & Associates rA~gNrfo Extl: 510 465-3090 I r..e~ Nol· 510 452-2193 P. 0. Box 12675 ft1lJ~ss, dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER($) AFFORDING COVERAGE NAIC# 510 465-3090 -Sarah D'anjou INSURER A , Travelers Property Casualty Co 25674 INSURED INSURER B: American Automobile Ins. Co. 21849 Ninyo & Moore Geotechnical & INSURER c: Evanston Insurance Company 35378 Environmental Sciences Consultants 5710 Ruffin Road INSURER D: San Diego, CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ,&SM8~, 1,&SM8~, LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6308986R247 10/03/2017 10/03/201a EACH OCCURRENCE $1,000,000 ~ D CLAIMS-MADE [!] OCCUR s~~~f?,H9E~~~J~Jlencel $1000000 f-- X Contractual MED EXP (Any one person) $10,000 f-- X OCP PERSONAL & ADV INJURY $1,000,000 f--GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ ~PRO-DLOC $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY y y 8108986R247 10/03/2017 10/03/2018 COMBINED SINGLE LIMIT (Ea accident\ $1,000,000 - X ANYAUTO BOOIL Y INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ - X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident) -$ A ~ UMBRELLA LIAB ~ OCCUR y y CUP9J428527 10/03/2017 10/03/2018 EACH OCCURRENCE $9 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9 000 000 OED I I RETENTION$ $ B WORKERS COMPENSATION y WZP81038417 05/01/2017 051011201a X lnfmr" I ,~~H-AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional Liab y MKLV7PL0002608 04/03/2017 10/03/2018 $5,000,000 per Claim / & Contractor's $5,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Master Agreement for Geotechnical Engineering Services. Agreement Name : Geo Tech -Agua Hedionda Creek -Coman Property. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Carlsbad, its officials, employees and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I 2il---, © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2168665/M2153982 DAC 6308986R247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGESM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE • This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force • Bodily Injury Or Property Damage D. Non-Owned Watercraft• Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage • Damage To Premises Rented To You G. Personal Injury• Assumed by Contract H. Increased Supplementary Payments I. Additional Insured • Owner, Manager Or Lessor Of Premises J. Additional Insured • Lessor Of Leased Equip- ment K. Additional Insured • State Or Political Subdivisions• Permits Relating To Premises L. Additional Insured • State Or Political Subdivisions• Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED • UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured • Newly Acquired Or Formed Organizations N. Injury To Co-Employees And Co-Volunteer Workers 0. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition • Rail- road Easement V. Additional Definition • Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II • WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I • COV- ERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION Ill • LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE• EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT • INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II • WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE • DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I• COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION Ill • LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION Ill• LIMITS OF INSURANCE Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY • ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION I • COV- ERAGES• COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. I. ADDITIONAL INSURED • OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that "written contract requir- ing insurance". 2. The insurance provided to such additional in- sured under this Provision I. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED• LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. Page 4 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO PREMISES The following is added to SECTION II • WHO 15 AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS • PERMITS RELATING TO OPERATIONS The following is added to SECTION II • WHO 15 AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products • completed operations hazard". M. WHO 15 AN INSURED • NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II • WHO 15 AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTION II • WHO 15 AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of SECTION II • WHO 15 AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. 0. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION Ill• LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV• COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excesslnsurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I • Coverage A • Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and Page 6 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V • DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section Ill) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion Ill) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV • COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV • COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION • RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement 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 the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 8108986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. I. J. K. L. M. N. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV-BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Insured: Ninyo & Moore Geotechnical & Policy Number: WZP81038417 Effective Date: 05/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in favor of:-The City of Carlsbad, its officials, employees and volunteers Countersigned by ~ C. • Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 4060 CA1293 This tenth Project Task Description and Fee Allotment, is entered into on tChr'IXJ1ttt~ 2.Lp, 2 012'.i , pursuant to an Agreement between NINYO & MOORE GE TECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Geotechnical and Environmental 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 February 12, 2018, ("proposal"), attached as Appendix "A" for the Fire Station #2 Hazardous Materials Survey, (the "Project"). The Project services shall include hazardeous materials testing at Fire Station #2 for suspect asbestos-containing and suspect lead-containing materials. 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 sixty (60) 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 cost of Contractor's services for this Project Task Description and Fee Allotment is not to exceed $4,926.28, inclusive of all reimburseable expenses. City Attorney Approved Version 7 /19/17 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7/19/17 2 CA1293 TABLE 1 FEE ALLOTMENT HAZARDOUS MATERIALS TESTING TASK GROUP TIME & MATERIALS 1. Project Coordination and Backqround Review $274.00 2. Hazardous Building Materials Survey $2,536.28 3. Hazardous Buildinq Materials Report Preparation $2,116.00 TOT AL (Not-to-Exceed) CONTRACTOR NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation (name of Contractor) By~~ (signhere) /\::'1 (1tW1 hE1l 'YaliMirt (print n e/title) $4,926.28 NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation (name of Contractor) By: <iJ~ee-~ (sign here) Ua,,;··t7 CJ -A-uJtLf' 1 ,,1-r-.N'J'hnt (print name/tit'le) §~fa-".'.7"' 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: __ '~_·,,~-~_-,_~_, ____ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~£u:;;:~ Deputy City Attorney City Attorney Approved Version 7 /19/17 3 Appendix "A" ~r1,,;af@llFE1li;t,;b;~l(Jn90 &J(t_OO~e ~ Geotechnica/ and Environmental Sciences Consultants Mr. Steven Stewart Municipal Projects Manager Public Works Department City of Carlsbad 1635 Faraday Carlsbad, California 92008 Appendix.A Subject: Hazardous Building Materials Survey Carlsbad Fire Station #2 1906 Arena! Road Carlsbad, California Dear Mr. Stewart: February 12, 2018 Proposal No. 03-00539 In accordance with your request, Ninyo & Moore is pleased to submit this proposal to perform a hazardous building materials (HBM) survey for the Carlsbad Fire Station #2 addressed 1906 Arena! Road in Carlsbad, California (subject building). The purpose of the HBM survey is to sample suspect asbestos-containing material (ACM) and to test suspect lead-containing surfaces (LCS) that may be disturbed during the proposed renovation activities. PROPOSED SCOPE OF SERVICES Hazardous Building Materials Survey • Survey and inspect areas of the subject building in order to identify homogeneous areas, suspect materials, and suspect surfaces. • Conduct on-site x-ray fluorescence (XRF) testing, in order to test surfaces suspected to contain lead. XRF testing is a non-destructive test method that yields accurate results quickly with no damage to the suspect surfaces. A California Department of Public Health certified Lead-Related Construction Inspector/Assessor will conduct the testing. • Conduct bulk sampling of building materials suspected to be asbestos-containing. Bulk sam- pling involves collection of small pieces of the suspect material {about the size of a postage stamp). A California Division of Occupational Safety and Health Certified Asbestos Consultant or Site Surveillance Technician will conduct the bulk sampling. Sample analysis will be per- formed by the USEPA recommended method of polarized light microscopy (PLM). Sample analysis will be conducted by an independent, sub-contracted laboratory with appropriate cer- tifications. We have estimated that up to 60 PLM analyses will be performed. 57 IO Ruffin Road • San Diego, California 92123 • Phone {858) 57 6-1 ooo • Fax {858) 57 6-9600 San Diego • Irvine • Los Angeles • Rancho Cucamonga • Oakland • San Francisco • San Jose • Sacramento Las Vegas • Phoenix • Tucson • Prescott Valley • Denver • El Paso • Houston 1906 Arenal Road Carlsbad, California February 12, 2018 Proposal No. 03-00539 • The National Emission Standard for Hazardous Air Pollutants (40 California Federal Regu- lations 61 Subpart M) recommends that material found to contain less than 10% asbestos by PLM be further analyzed, or "point-counted," in accordance with a subsection of the USEPA-recommended PLM analysis method. We have estimated that up to five "point- counts" will be utilized. • Prepare a HBM Survey report presenting our data and summarizing our conclusions and recommendations regarding the subject site. • Provide approximate locations of identified hazardous building materials on the material location maps, to be included with the HBM Survey. ASSUMPTIONS AND UNDERSTANDINGS The following conditions will apply to the performance of the scope of services described herein: • Site access and coordination will be coordinated by the City of Carlsbad, who will also notify tenants in advance of our intent to visit the property. • The site is accessible, there are no physical restrictions to implement the proposed scope of services, and work will be conducted during normal business hours Monday through Friday. • Field work will be performed on one full working day (i.e., an eight hour shift). • The fixed-base laboratory costs reflect standard turnaround times. • The visual observations made by Ninyo & Moore will be limited to accessible areas of the site. As such, some materials and/or surfaces may be inaccessible at the time of HBM sur- vey activities. Laboratory testing of any suspect materials and/or surfaces, which are not encountered during HBM survey activities but are exposed during renovation and/or demoli- tion activities, will be recommended. • The subject site is currently occupied. • Collection of bulk samples of suspect ACMs causes damage to the existing materials. Care will be taken to collect bulk samples of suspect ACMs in low visibility areas where possible or in areas of prior damage. • Bulk ACM sample results will be provided within five working days of sample receipt at the sub-contracted laboratory. "Point-count" analysis, if needed, will be requested on a similar turn-around time. • The work will be conducted by Ninyo & Moore expressly and solely for the City of Carlsbad, and their assigns. The evaluations, findings, conclusions, and recommendations contained in the report will represent Ninyo & Moore's professional judgment and opinion. The report will be based solely on the information gained from observation and analytical results. In the event any conditions differing from or additional to those described in the report are en- 03--00539 P 2 1906 Arenal Road Carlsbad, California February 12, 2018 Proposal No. 03-00539 countered at a later time, Ninyo & Moore reserves the right to review such conditions and to modify, as appropriate, the assessments and conclusions given in the report. FEE ESTIMATE Our estimated fee to perform the proposed scope of services for a HBM survey at the subject building is $4,926 (Four Thousand Nine Hundred Twenty-Six Dollars). The estimated fee is based on the scope of services presented above, and our understanding of the existing condi- tions. The fees do not include costs that may arise due to unforeseen or unfavorable conditions. Our fees for such services, if provided, will be on a time-and-materials basis upon your approv- al. SCHEDULE Following receipt of your written authorization to proceed, Ninyo & Moore will commence ser- vices described herein. We anticipate requiring approximately one business day to perform the HBM survey field services. The HBM survey report will be completed three weeks after comple- tion of the field services. We appreciate the opportunity to be of service to you on this project. Respectfully Submitted, NINYO & MOORE Nicolas J. Carpenter, CAC# 12-4867 Senior Project Environmental Scientist NJC/CWH Distribution: (1) Addressee 03-00539 P ~if ood Hays Principal Environmental Manager 3 1906 Arena! Road Carlsbad, California February 12, 2018 ProposalNo.03-00539 TABLE 1 -BREAKDOWN OF ESTIMATED FEE PROJECT COORDINATION AND BACKGROUND REVIEW Certified Asbestos Consultant 2 hours @ $137.00 /hour $ 274.00 ------1 Subtotal $ 27 4.00 HAZARDOUS BUILDING MATERIALS SURVEY, FIELD WORK Certified Asbestos Consultant 4 hours@ $137.00 /hour Certified Site Surveillance Technician 8 hours @ $118.00 /hour PLM Bulk Analysis (>72 Hour Turnaround Time) 90 tests @ $ 5.50 /test Point Count Analysis (>72-Hour Turnaround Time) 5 tests @ $ 48.00 /test XRF Analysis 1 day @ $300.00 /day Field Vehicle Usage 16 miles @$ 0.58 /mile Subtotal HAZARDOUS BUILDING MATERIALS SURVEY, REPORT PREPARATION Principal Engineer/Geologist/Environmental Scientist Certified Asbestos Consultant Senior Staff Engineer/Geologist/Environmental Scientist Technical Illustrator/CAD Operator Data Processing, Technical Editing, or Reproduction 03-00539 PT CIO TOTAL ESTIMATED FEE Subtotal 2 hours@ $148.00 /hour 8 hours@ $137.00 /hour 4 hours@ $118.00 /hour 2 hours@ $ 92.00 /hour 1 hour @ $ 68.00 /hour $ 548.00 $ 944.00 $ 495.00 $ 240.00 $300.00 $ 9.28 $ 2,536.28 $ 296.00 $ 1,096.00 $ 472.00 $ 184.00 $ 68.00 $ 2,116.00 $ 4,926.281 Client#· 704 NINYOMOOR1 ACDRDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 10/11/2017 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 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 22~I~cT Doris A. Chambers Dealey, Renton & Associates r..t:8.Nrio, Ext): 510 465-3090 I iffc, No): 510 452-2193 P. 0. Box 12675 !t1tJ~ss, dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC# 510 465-3090 -Sarah D'anjou INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B: American Automobile Ins. Co. 21849 Ninyo & Moore Geotechnical & Environmental Sciences Consultants INSURER c: Evanston Insurance Company 35378 5710 Ruffin Road INSURER D: San Diego, CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ,&~M8~1 1,&~M8~1 LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6308986R247 10/03/2017 10/03/2018 EACH OCCURRENCE $1,000,000 -~ CLAIMS-MADE ~ OCCUR ~~~tf§H9E~~~Jc\Wence\ $1 000 000 ~ Contractual MED EXP (Any one person) $10,000 X OCP PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =i Cr] PRO-nLOC $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY y y 8108986R247 10/03/2017 10/03/2018 COMBINED SINGLE LIMIT $1,000,000 /Ea accidentl -~ ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ f--f--$ A _x UMBRELLA LIAB ~ OCCUR y y CUP9J428527 10/03/2017 10/03/2018 EACH OCCURRENCE $9 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9 000,000 / DED I I RETENTION $ $ B WORKERS COMPENSATION y WZP81038417 05/01/2017 05/01/201S X ]PER I l2JH-AND EMPLOYERS' LIABILITY <:TATJmc Y/N ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Professional Liab y MKLV7PL0002608 '14/03/2017 10/03/201S $5,000,000 per Claim / & Contractor's $5,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Master Agreement for Geotechnical Engineering Services. Agreement Name : Geo Tech -Agua Hedionda Creek -Coman Property. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Carlsbad, its officials, employees and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. p_Q_ Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I _21:L--, © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 . #S2168665/M2153982 The ACORD name and logo are registered marks of ACORD DAC ./ 6308986R247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGESM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE • This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force • Bodily Injury Or Property Damage D. Non-Owned Watercraft• Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage • Damage To Premises Rented To You G. Personal Injury• Assumed by Contract H. Increased Supplementary Payments I. Additional Insured • Owner, Manager Or Lessor Of Premises J. Additional Insured • Lessor Of Leased Equip- ment K. Additional Insured • State Or Political Subdivisions• Permits Relating To Premises L. Additional Insured • State Or Political Subdivisions• Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED • UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured • Newly Acquired Or Formed Organizations N. Injury To Co-Employees And Co-Volunteer Workers 0. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition • Rail- road Easement V. Additional Definition • Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II• WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I • COV- ERAGES• COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION Ill• LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE • EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I• COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT • INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II • WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE • DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I• COVERAGES• COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION Ill • LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION Ill• LIMITS OF INSURANCE Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY • ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION I • COV- ERAGES• COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. I. ADDITIONAL INSURED • OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that "written contract requir- ing insurance". 2. The insurance provided to such additional in- sured under this Provision I. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED • LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. Page 4 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO PREMISES The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO OPERATIONS The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products • completed operations hazard". M. WHO IS AN INSURED • NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II• WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTION II • WHO IS AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), {b) and (c) and 3.a. of SECTION II • WHO IS AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. 0. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION Ill• LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV• COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excesslnsurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I • Coverage A • Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and Page 6 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V • DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section Ill) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion Ill) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV • COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV • COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION • RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement 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 the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 8108986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Insured: Ninyo & Moore Geotechnical & Policy Number: WZP81038417 Effective Date: 05/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in favor of:-The City of Carlsbad, its officials, employees and volunteers Countersigned by ~ C. • 7 Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 3840-A CA1293 This b)nth Pro~ct Task Descri.e.tion and Fee Allotment, is entered into on 'u\):&m'ec 2.&: 1 W \ ~ .+-, pursuant to an Agreement between Ninyo & Moore, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"}, the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2015 Edition and the supplements thereto as published by the "Green Book" Committee of Public Works Standards and the proposal dated October 27, 2017, ("proposal"), attached as Appendix "A" for the El Fuerte Sewer Lift Station Geotechnical Evaluation, (the "Project"). The Project services shall include geotechnical evaluation for an existing site for settlement issues at the El Fuerte Sewer Lift Station. 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 three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred thirty (230) 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 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 monthly invoices. 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 an acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix "A", then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $22,813. City Attorney Approved Version 7 /19/17 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773. 2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7/19/17 2 CA1293 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION FOR THE EL FUERTE SEWER LIFT STATION TASK GROUP TIME & MATERIALS Project Coordination and Review $1,168 Permit Acquisition and 60-Day Report $1,332 Site Reconnaissance and Mark Out for Utility Clearance $746 Subsurface Evaluation Laboratory Analyses Data Compilation and Analysis Report Preparation TOTAL (Not-to-Exceed) CONTRACTOR Ninyo & Moore, a California corporation (name of Contractor) By~~-- :;---~gnhere Av va «' Ni {\¥.n . y111 ~; J 1! ,ref~ (print narrle/title) $8,826 $2,655 $3,652 $4,434 $22,813 Ninyo & Moore, a California corporation (name of Contractor) By: ~G-~ (sign here) f=:--/ cu ;e ()' Au lu..I/ .//J'.f';J mn f s--ecy(;,;"WY (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. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ DeputyCityAttorn City Attorney Approved Version 7 /19/17 3 JVin9o&~oore Geotachnlcal & Environmental Sciences Consultants October 27, 2017 Proposal No. P02-01130 Ms. Cathy Nhothsavath City of Carlsbad Public Works 5950 El Camino Real Carlsbad, California 92008 Subject: Proposal for Preliminary Geotechnical Evaluation El Fuerte Sewer Lift Station-Settlement Issues El Fuerte Street and Faraday Avenue Carlsbad, California APPENDIX A References: City of Carlsbad, 2006, Plans for the Construction of the El Fuerte Sewer Lift Station in the City of Carlsbad: dated February 13. Geocon, 2014, Update Geotechnical Investigation, Carlsbad Oaks North Business Park and Faraday Avenue Offsite, Carlsbad, California: dated October 21. Dear Ms. Nhothsavath: In response to your request, we are pleased to submit this proposal to perform geotechnical services to evaluate the settlement issues at the existing El Fuerte Sewer Lift Station. The lift station is located southeast of the intersection of El Fuerte Street and Faraday Avenue in the City of Carlsbad, California. In preparing the proposal, we have reviewed the referenced documents and performed a site visit with you on October 16, 2017. The distress features observed during our site visit generally consisted of pavement cracks and pavement settlement, cracks in the curb and curb movement, erosion at the site wall on the northeast corner, desiccation and/or tension cracks along the slopes. The purpose of this proposal scope of services is to evaluate the settlement issues and provide preliminary remediation recommendations. Based on our preliminary review of the referenced report (Geocon, 2014), we note that there were no borings performed within the lift station site during previous geotechnical investigations. One test pit (T-5) was performed in the project vicinity. The test pit indicated approximately 9.5 feet thick colluvium, consisting of silty clay (CL) and silty sand overlying Lusardi Formation consisting of silty sandstone. Additionally, a large diameter boring (B-8) is shown along El Fuerte Street. However, the boring log of this boring was not included in the referenced report. 5710 Ruffin Road I San Diego California 92123 I p 858.576.1000 I www.ninyoandmoore.com APPENDIX A SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services: • Project coordination and review of available geotechnical reports, faulting and seismic hazard reports, geologic maps, topographic maps, and stereoscopic aerial photographs. • Obtaining a boring permit from the County of San Diego Department of Environmental Health (DEH). • Reconnaissance of the site and mark-out of proposed exploration locations by an engineer or geologist from our office. • Contacting Underground Service Alert (USA) for utility clearance. • Performing exploration, logging, and sampling of two (2) small diameter hollow-stem auger borings. The borings will be explored to a depth up to approximately 25 feet (or refusal). Soil samples obtained during drilling will be returned to our in-house laboratory for testing. Borings performed within asphalt pavements will be capped with concrete or PermaPatch. • Excavation, logging, and sampling of two (2) test pits. The test pits will be excavated to a depth up to 10 feet (or refusal). The test pits will be performed in dirt areas along the northeastern slope. • Performing laboratory testing of soil samples including in-place moisture content, grain-size analysis, Atterberg limits, expansion index, consolidation, direct shear, and soil corrosivity (pH, resistivity, sulfate content and chloride content), as appropriate. • Compilation and engineering analysis of data to develop preliminary remediation recommendations. • Providing a Preliminary Geotechnical Evaluation Report with our findings, conclusions, and preliminary remediation recommendations. A draft of our report will be submitted for the City review and comments prior to submitting the final report. ASSUMPTIONS In preparing this proposal, we have made the following assumptions: • No permits will be required, except the County DEH permit. • City of Carlsbad will mark-out utilities and As-built utility plans will be provided to us. • Permission for site access to our personnel and vehicles will be granted. • The fieldwork may be performed during regular business hours (Monday through Friday). • Soil cuttings from drilling and excavation operations will be spread at the site. • Borings performed within asphalt pavements will be capped with concrete or PermaPatch. • Environmental sampling and/or testing is not part of this scope of work. Ninyo & Moore I El Fuerte Sewer Lift Station. Carlsbad, California I P02-01130 I October 27. 2017 Page 2 of 4 Table 1 -Breakdown of Estimated Fee Project Coordination and Background Review Principal Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Permit Acquisition and 60-Day Report Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist County DEH Boring Permit Fees Site Reconnaissance and Markout for Utility Clearance Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Subsurface Evaluation 1 hour @ $148.00 /hour 4 hours @ $137.00 /hour 4 hours @ $118.00 /hour Subtotal 2 hours @ $137.00 /hour 6 hours @ $118.00 /hour Estimated Subtotal 2 hours @ $137.00 /hour 4 hours @ $ 118.00 /hour Subtotal APPENDIX A $ $ $ $ $ $ $ $ $ $ $ 148.00 548.00 472.00 1,168.00 274.00 708.00 350.00 1,332.00 274.00 472.00 746.00 (Assumes 2 borings up to approximately 25 feet deep or refusal and 2 test pits to 5 feet deep) Project Engineer/Geologist/Environmental Scientist 12 hours @ $133.00 /hour $ 1,596.00 Senior Staff Engineer/Geologist/Environmental Scientist 10 hours @ $118.00 /hour $ 1,180.00 Drill Rig (Subcontractor) 10 hours @ $ 400.00 /hour $ 4,000.00 Grout Backfill 50 feet @ $ 9.00 !foot $ 450.00 Backhoe (Subcontractor) 8 hours @ $ 200.00 /hour $ 1,600.00 Subtotal $ 8,826.00 Laboratory Analyses Atterberg Limits, D 4318, CT 204 2 tests @ $ 160.00 /test $ 320.00 Chloride and Sulfate Content, CT 417 & CT 422 1 test @ $150.00 /test $ 150.00 Consolidation, D 2435, CT 219 1 test @ $ 300.00 /test $ 300.00 Direct Shear -Undisturbed, D 3080 2 tests @ $ 275.00 /test $ 550.00 Expansion Index, D 4829, IBC 18-3 1 test @ $ 180.00 /test $ 180.00 Moisture and Density, D 2937 16 tests @ $ 45.00 /test $ 720.00 pH and Resistivity, CT 643 1 test @ $175.00 /test $ 175.00 Sieve Analysis, D 422, CT 202 2 tests @ $ 130.00 /test $ 260.00 Subtotal $ 2,655.00 Data Compilation and Analysis Principal Engineer/Geologist/Environmental Scientist 4 hours @ $148.00 /hour $ 592.00 Senior Project Engineer/Geologist/Environmental Scientist 12 hours @ $137.00 /hour $ 1,644.00 Senior Staff Engineer/Geologist/Environmental Scientist 12 hours @ $118.00 /hour $ 1,416.00 Subtotal $ 3,652.00 Report Preparation Principal Engineer/Geologist/Environmental Scientist 4 hours @ $148.00 /hour $ 592.00 Senior Project Engineer/Geologist/Environmental Scientist 16 hours @ $ 137.00 /hour $ 2,192.00 Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ $118.00 /hour $ 944.00 Technical Illustrator/CAD Operator 6 hours @ $ 75.00 /hour $ 450.00 Data Processing, Technical Editing, or Reproduction 4 hours @ $ 64.00 /hour $ 256.00 Subtotal $ 4,434.00 TOT AL ESTIMATED FEE $ 22,813.00 Ninyo Moore I El Fuerte Sewer Lift Station I P02-01130 I PRJ1045 I 11/3/2017 Page 3 of 4 APPENDIX A FEE ESTIMATE The total fee to perform the scope of services described above will not exceed $22,813 (Twenty-Two Thousand Eight Hundred Thirteen Dollars). The estimated fee is based on the scope of services presented above and our understanding of the existing conditions. Additional services, beyond those described herein, if requested, will be performed on a time-and-materials basis. SCHEDULING We will begin preparing application for boring permit immediately upon your authorization. We will mobilize for field exploration within two weeks after receiving the approved boring permit. Our field exploration is anticipated to take approximately two days. It is anticipated that the report will be completed within four weeks following the completion of the field exploration activities. If this proposal meets with your approval, please provide your contract documents for signature. We appreciate the opportunity to be of continuous service on this project. Respectfully submitted, NINVO & MOORE ---adan Chirumalla, PE, GE Senior Project Engineer MAC/KHM/gg Distribution: (1) Addressee (via e-mail) Kenneth H. Mansir, Jr., PE, GE Principal Engineer Nin yo & Moore I El Fuerte Sewer Lift Station, Carlsbad. Cal1for'lia ' P02 o· 130 I October 27, 2017 Page 4 of 4 Client#· 704 NINYOMOOR1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 10/11/2017 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 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 22~~~cT Doris A. Chambers Dealey, Renton & Associates FlJ8~:o, Ext): 510 465-3090 I r..et No): 510 452-2193-- P. 0. Box 12675 ~t1l~~ss, dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC# 510 465-3090 -Sarah D'anjou 1NsuRER A: Travelers Property Casualty Co 25674 INSURED INSURER B: American Automobile Ins. Co. 21849 Ninyo & Moore Geotechnical & INSURER c: Evanston Insurance Company 35378 Environmental Sciences Consultants 5710 Ruffin Road INSURER D: San Diego, CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ,:wJg~) 1,:~JiJg~) LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6308986R247 10/03/2017 10/03/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE [!] OCCUR ~~~~~H9E~~~JG?ence \ $1,000,000 _2{_ Contractual MED EXP (Any one person) $10,000 X OCP PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =l iY1 PRO-nLOC $2,000,000 POLICY _ JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY y y 8108986R247 10/03/2017 10/03/2018 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) - X ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -··-----------NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ ·--- $ ~ A ~ UMBRELLA LIAB ~ OCCUR y y CUP9J428527 10/03/2017 10/03/201f EACH OCCURRENCE $9 000 000 -~ EXCESS LIAB CLAIMS-MADE AGGREGATE $9 000 000 - OED I I RETENTION $ $ B WORKERS COMPENSATION y WZP81038417 ~5/01/2017 05/01/2018 X IPER I l~JH-AND EMPLOYERS' LIABILITY ISTATIITF Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Professional Liab y MKLV7PL0002608 ~4/03/2017 10/03/20H $5,000,000 per Claim & Contractor's $5,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Master Agreement for Geotechnical Engineering Services. Agreement Name : Geo Tech -Agua Hedionda Creek -Coman Property. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Carlsbad, its officials, employees and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I _£IL--, © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2168665/M2153982 DAC 6308986R247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGESM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE • This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force • Bodily Injury Or Property Damage D. Non-Owned Watercraft• Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage • Damage To Premises Rented To You G. Personal Injury• Assumed by Contract H. Increased Supplementary Payments I. Additional Insured I Owner, Manager Or Lessor Of Premises J. Additional Insured • Lessor Of Leased Equip- ment K. Additional Insured • State Or Political Subdivisions• Permits Relating To Premises L. Additional Insured • State Or Political Subdivisions• Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED • UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured I Newly Acquired Or Formed Organizations N. Injury To Co-Employees And Co-Volunteer Workers 0. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition • Rail- road Easement V. Additional Definition • Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II• WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I • COV- ERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by ybu to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION Ill• LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE• EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT • INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II • WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE • DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I• COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION Ill • LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION Ill• LIMITS OF INSURANCE Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY • ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION I • COV- ERAGES• COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. I. ADDITIONAL INSURED • OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that "written contract requir- ing insurance". 2. The insurance provided to such additional in- sured under this Provision I. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED • LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. Page 4 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO PREMISES The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO OPERATIONS The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products • completed operations hazard". M. WHO IS AN INSURED • NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II• WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTION II • WHO IS AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of SECTION II • WHO IS AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. 0. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION Ill• LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV• COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I • Coverage A • Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and Page 6 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V • DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section Ill) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion Ill) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV • COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV • COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION • RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement 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 the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 8108986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. I. J. K. L. M. N. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES-INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Insured: Ninyo & Moore Geotechnical & Policy Number: WZP81038417 Effective Date: 05/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in favor of:-The City of Carlsbad, its officials, employees and volunteers Countersigned by ~ C. • 7 Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 6030 CA1293 Th~ eighth Project Task Description and Fee Allotment, is entered into on '7t DiJt:LtU,~ _? I. .:2017 , pursuant to an Agreement between NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Geotechnical engineering in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2015 Edition and the supplements thereto as published by the "Green Book" Committee of Public Works Standards and the proposal dated August 18, 2017, ("proposal"), attached as Appendix "A" for the Inclinometer Destruction and Replacement at Camino Hills, (the "Project"). The Project services shall include destroy failed inclinometer and replacement at Camino Hills. 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 sixty (60) 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 is $9,896. City Attorney Approved Version 7 /19/17 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7/19/17 2 CA1293 TABLE 1 FEE ALLOTMENT REPLACE INCLINOMETER AT CAMINO HILLS TASK GROUP 1. Inclinometer destruction 2. Inclinometer installation 3. Baseline reading TOT AL (Not-to-Exceed) CONTRACTOR NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation (name of Contractor) By~~~ (s~ Avram Ninyo / President (print name/title) TIME & MATERIALS $4,712.00 $4,712.00 $472.00 $9,896.00 NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, a California corporation (name of Contractor) By: ~~ Q< du~ (sign here) 7 Elaine 0. Autus / Assistant Secretary (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: /'l·/7<17 Date: __________ _ Elaine Luke lie Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY ~ Deputy City Attorney City Attorney Approved Version 7 /19/17 3 Geotec:hnicaf & Environmental Sciences Consuflants August 18, 2017 Project No. 108040003 Mr. Jonathan Schauble, PE City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Inclinometer Destruction and Replacement Camino Hills Drive Slope at Jackspar Drive Carlsbad, California Dear Mr. Schauble: Appendix "A" In response to your request, we are pleased to submit this proposal to continue slope monitoring services for the subject project. As previously discussed, one of the inclinometers (1-2) for the subject project has experienced movement and distortion such that inclinometer readings can no longer be performed within 1-2. Accordingly, we have prepared this proposal for the destruction of the existing inclinometer 1-2, and replacing it with a new inclinometer installation. Our services have been separated into three items. The first item includes the destruction of the existing inclinometer. The destruction process will include the removal of the surface cap, extracting the inclinometer casing, redrilling the hole to remove the surrounding inclinometer materials, and backfilling the resulting hole. The second item of work will include the installation of a new inclinometer to replace the old inclinometer 1-2. The new inclinometer will then be used to continue monitoring the slope along Camino Hills Drive. The third item of work includes the performance of a baseline inclinometer reading after installation of the inclinometer in preparation for future readings to monitor for slope movement. SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services: • Obtaining a Right-of Way permit from the City of Carlsbad prior to the performance of our field work. • Preparing and submitting for a well destruction permit and a separate well construction permit to the County of San Diego Department of Environmental Health (DEH) prior to the performance of our fieldwork. 571 0 Ruffin Road I San Diego, California 92123 I p 858.576 1000 I -.vww ninyoandmoore com Appendix "A" • Performing a geologic reconnaissance of the site to observe the existing conditions and to mark out the proposed inclinometer location. Underground Service Alert (USA) will be contacted for utility markout. • Implementing traffic control during the performance of our field services for destruction of the old inclinometer and installation of the new inclinometer. • Extracting the existing inclinometer casing and overdrilling well materials with a limited-access drill rig. The resulting excavation will be backfilled after inclinometer destruction. • Performing a subsurface exploration consisting of the drilling, logging, and sampling of one exploratory boring using a limited-access drill rig to a depth of approximately 30 feet (or refusal). The borings will be logged and sampled by Ninyo & Moore personnel. • Installing inclinometer casing into the exploratory boring. • Performing a baseline reading after installation of the new inclinometer. FEES Our fees for the services described above will be invoiced on a time and materials basis in accordance with our current contract with the City of Carlsbad. The fees for each item of work are presented in the table below. Inclinometer Destruction Inclinometer Installation Baseline Reading ASSUMPTIONS $4,712.00 $4,712.00 $472.00 The proposed scope of services and the associated fees are based on the following assumptions: • The performance of the destruction and the installation of the inclinometer will be approved and can be performed concurrently under one mobilization to reduce the expenses associated with coordination, permitting, and subcontractor rates. • Our field services can be performed on weekdays (Monday through Friday) during normal business hours (between 8 am and 5 pm). • The project is subject to the State of California prevailing wage law. • Abandoning of the newly installed inclinometer, once replaced, in accordance with the DEH guidelines is not a part of this scope of work. The abandonment of the inclinometers should be performed under separate scope of work at a later date under a separate DEH permit. Additional fees will apply for the abandonmel)t of the inclinometer. Ninyo & Moore I Camino Hills Drive Slope at Jackspar Drive, Carlsbad, California I 1080400031 August 21, 2017 2 Appendix "A" • The fees associated with the Right-of-Way permit for the destruction and reinstallation of the inclinometers will be waived by the City of Carlsbad. • A Right-of-Way permit and/or traffic control will not be needed during the performance of the inclinometer readings during the monitoring stages of this proposal. We appreciate the opportunity to submit our proposal to you and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE ~7./U Jeffrey T. Kent, PE, GE Senior Engineer GLC/JTK/KHM/gg Attachment: Table 1 -Breakdown of Fees Distribution: (1) Addressee (via email) Kenneth H. Mansir, Jr., PE, G Principal Engineer Ninyo & Moore I Camino Hills Drive Slope at Jackspar Dnve. Carlsbad. California ! 108040003: August 21. 2017 3 Appendix "A" Table 1 -Breakdown of Fees Inclinometer Destruction Senior Engineer/GeologisUEnvironmental Scientist Senior Staff Engineer/GeologisUEnvironmental Scientist Traffic Control Drill Rig (Subcontractor) Inclinometer Installation Senior Engineer/GeologisUEnvironmental Scientist Senior Staff Engineer/GeologisUEnvironmental Scientist Traffic Control Drill Rig (Subcontractor) Baseline Reading Senior Staff Engineer/GeologisUEnvironmental Scientist 2 hours @ $141.00 /hour $ 10 hours @ $118.00 /hour $ $ $ Subtotal $ 2 hours@ $141.00 /hour $ 10 hours @ $118.00 /hour $ $ $ Subtotal $ 4 hours @ $ 118.00 /hour $ Subtotal $ 282.00 1,180.00 750.00 2,500.00 4,712.00 282.00 1,180.00 750.00 2,500.00 4,712.00 472.00 472.00 TOTAL ESTIMATED FEE $ 9,896.00 Ninyo & Moore I Camino Hills Drive Slope at Jackspar Drive, Carlsbad, California I 108040003 I August 21, 2017 1 of 1 Client#· 704 NINYOMOOR1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 10/11/2017 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 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 ~~~!~CT Doris A. Chambers Dealey, Renton & Associates rt8.Nrio, Ext): 510 465-3090 I r.ifc. No): 510 452-2193~ P. 0. Box 12675 ~t1t~~ss: dchambers@dealeyrenton.com --- Oakland, CA 94604-2675 INSURER($) AFFORDING COVERAGE NAIC# 510 465-3090 -Sarah D'anjou INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B, American Automobile Ins. Co. 21849 Ninyo & Moore Geotechnical & Environmental Sciences Consultants INSURER c, Evanston Insurance Company 35378 5710 Ruffin Road INSURER D: San Diego, CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 IADDL SUBR ,&~M8MYY1 ,&~hl8iv~l LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6308986R247 10/03/2017 10/03/2018 EACH OCCURRENCE $1,000,000 f----~ CLAIMS-MADE ~ OCCUR ~~r~~r,l?E~~~Ju~?encel $1,000 000 ~~ Contractual MED EXP (Any one person) $10,000 X OCP PERSONAL & ADV INJURY $1,000,000 f---- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl IY1PRO-nLOC $2,000,000 POLICY ___:f__ JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY y y 8108986R247 10/03/2017 10/03/2018 COMBINED SINGLE LIMIT $1,000,000 f----(Ea accidentl X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ f----AUTOS AUTOS -------~ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) ,------ $ A ~ UMBRELLA LIAB ~ OCCUR y y CUP9J428527 10/03/2017 10/03/201a EACH OCCURRENCE $9 000 000 ·-- EXCESS LIAB CLAIMS-MADE AGGREGATE $9 000 000 --- DED I I RETENTION$ $ B WORKERS COMPENSATION y WZP81038417 05/01/2017 05/01/2018 X [PER I l~JH-AND EMPLOYERS' LIABILITY STATllTE Y/N ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Professional Liab y MKLV7PL0002608 M/03/2017 10/03/20H $5,000,000 per Claim & Contractor's $5,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Master Agreement for Geotechnical Engineering Services. Agreement Name : Geo Tech -Agua Hedionda Creek -Coman Property. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Carlsbad, its officials, employees and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I _2IL---, © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2168665/M2153982 DAC 6308986R24 7 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRY EDGE SM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE • This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured 8. Incidental Medical Malpractice C. Reasonable Force • Bodily Injury Or Property Damage D. Non-Owned Watercraft• Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage • Damage To Premises Rented To You G. Personal Injury• Assumed by Contract H. Increased Supplementary Payments I. Additional Insured I 'owner, Manager Or Lessor Of Premises J. Additional Insured • Lessor Of Leased Equip- ment K. Additional Insured • State Or Political Subdivisions• Permits Relating To Premises L. Additional Insured • State Or Political Subdivisions• Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED • UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured • Newly Acquired Or Formed Organizations N. Injury To Co-Employees And Co-Volunteer Workers 0. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition • Rail- road Easement V. Additional Definition • Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENT AL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II• WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I • COV- ERAGES• COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION Ill• LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE• EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT • INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II • WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE • DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I• COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION Ill • LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION Ill• LIMITS OF INSURANCE Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY • ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION I • COV- ERAGES• COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. I. ADDITIONAL INSURED • OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that "written contract requir- ing insurance". 2. The insurance provided to such additional in- sured under this Provision I. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED• LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. Page 4 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO PREMISES The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS• PERMITS RELATING TO OPERATIONS The following is added to SECTION II • WHO IS AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products • completed operations hazard". M. WHO IS AN INSURED • NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II• WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTION II • WHO IS AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of SECTION II • WHO IS AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. 0. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION Ill• LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV• COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I • Coverage A• Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and Page 6 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V • DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section Ill) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion Ill) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV • COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV • COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION • RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement 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 the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 8108986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Insured: Ninyo & Moore Geotechnical & Policy Number: WZP81 038417 Effective Date: 05/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in favor of:-The City of Carlsbad, its officials, employees and volunteers Countersigned by ~ C. • ., Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.7 PROJECT NO. 60432 CA1293 This seventh Project Task Description and Fee Allotment, is entered into on -:lUhO 4> 1 2.o li , pursuant to an Agreement between NINYO & MOORE, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical 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 May 4, 2017, ("proposal"), attached as Appendix "A" for the Infiltration Testing For Drywell Facility Feasability at Palomar Airport Road, (the "Project"). The Project services shall include Infiltration Testing for Drywell Facility Feasability at Palomar Airport Road. 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 one hundred fifty (150) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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 time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $15,200. City Attorney Approved Version 8/3/16 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 CA1293 TABLE 1 FEE ALLOTMENT INFILTRATION TESTING FOR DRYWELL FACILITY FEASABILITY AT PALOMAR AIRPORT ROAD ., •. ,.,!fA$KGRQUP,:5}:r,~ . :t ,;/ . .nu-= a.MAtERJA~ Infiltration Testing for Drywell Airport Road TOTAL (Not-to-Exceed) CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) Facility By~~ (sign here A vram Ninyo I President (print name/title) Feasability at Palomar NINYO & MOORE, a California corporation (name of Contractor) $15,200 $15,200 By: c;;;~a. ~/ (sign here) Elaine 0. Autus I Assistant Secretary (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: __ ;;_._~_,_,_? ___ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ --~~--~------~-----Deputy City Attorney City Attorney Approved Version 8/3/16 3 Appendix A . ~:~ 1J(In90&~~~~~"''~'"~'""'"~"~ Mr. Daniel Zimny City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Supplemental Infiltration Testing Palomar Airport Road Right Turn Lane to Paseo Del Norte Carlsbad, California Dear Mr. Zimny: May 4, 2017 Project No. 108040005 In response to your request, we are pleased to submit this proposal to perform supplemental infiltration testing for the subject project. Based on our work for the project to date, we under- stand that a dedicated right tum lane is proposed along the east bound lanes of Palomar Airport Road leading to Paseo Del Norte in Carlsbad, California. In addition to the new pavements, concrete flatwork and infiltration devices will be constructed. To accommodate the new turn lane, the roadway will be widened several feet to the south. Our previous work for the project included an evaluation of the infiltration characteristics of rela- tively shallow subsurface soils at the site. That evaluation indicated poor infiltration characteristics that were used in the initial project design. However, due to site constraints and the poor infiltration rates of the shallow subsurface soils, alternative methods for implementing stormwater Best Man- agement Practices (BMPs) are being considered. Specifically, the use of dry wells is being considered for the project. The purpose of our services will be to provide information regarding the infiltration/permeability characteristics of deeper subsurface soils at the site. Due to site accessibility, the exploratory boring for this project is anticipated to be performed within the adjacent Caltrans Right-of-Way. S?_~~~~~r; ~~~ :. S~~?i:~~· ~~~~~~r~l~ 9212~ •_ Phone f858) 576-1 000 • F~ ~~~~~ :!~=~~~?___ .... ~~f.;';:.·~~~-;~ San Diego • fiYine • los Angeles • Rancho Cucamonga • OahlanrJ ' San Fr.JnO:sm • S.:;n Jose • Saoamenro i'E Las Vegas • Phoeni;; • Tucson • Prescott valley • Ffagstilff •· Detwer • flroomfieiCI • HouStM .,, """''~~-~'""'' 4 Palomar Airport Road Right Tum Lane to Paseo Del Norte Carlsbad, California SCOPE OF SERVICES Appendix A May 4, 2017 Project No. 108040005 Based on our understanding of the project, we propose to perform the following scope of ser- vices for the project: • Reviewing background information including available utility plans and topographic maps. • Obtaining a boring permit from the County of San Diego Department of Environmental Health (DE H) prior to the performance of the exploratory boring. • Preparing and submitting a Right-of-Way permit for approval by the City of Carlsbad prior to the performance of our field work, if needed. We have assumed that any City permit fees associated with this project will be waived. • Siting and staking of the proposed exploratory boring location for clearance by Under- ground Service Alert (USA). • Preparing and implementing a traffic control plan to be approved by Caltrans. • Obtaining an encroachment permit from Caltrans prior to performance of the fieldwork. • Drilling, logging, and sampling of one exploratory boring with a limited-access drill rig. The boring will be drilled to a depth of approximately 50 feet (or refusaO below the existing ground surface. Bulk and in-place samples of the encountered soils will be collected and transported to our in-house laboratory for testing. • Performing geotechnical laboratory testing of the subsurface soils at depth to evaluate soil classification and permeability. • Preparing a letter report to provide our findings regarding the permeability characteristics of the subsurface soils at depth within the site. ASSUMPTIONS • The project is subject to Prevailing Wage Law under Determination Year 15-1D. • Any City permit fees associated with this project will be waived. • The Caltrans permit fees will not exceed $2,000. FEE Our fee for the services described above will be invoiced on a lump sum basis. Our fee to perform the proposed services outlined above will be $15,200 (Fifteen Thousand Two Hundred Dollars). 1DBCJ.40005 P2.doc 2 5 Palomar Airport Road Right Turn Lane to Paseo Del Norte Carlsbad, California SCHEDULE Appendix A May 4, 2017 Project No. 108040005 We are prepared to begin our services immediately upon receiving your written authorization to proceed. The acquisition of permits from the various agencies, especially through Caltrans, may take weeks or months to obtain. The client will be kept up to date on the progress of the permitting process. Once the permits have been received and approved, scheduling of the field work and drilling activities may take approximately two weeks. We will submit the results of our study approximately three weeks after the performance of the fieldwork. If this proposal meets with your approval, please provide us with your contract documents. We appreciate the oppor- tunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE ~-rv Je~y T. Kent, PE, GE Senior Engineer JTKJKHM/gg Distribution: (1) Addressee t080400D5 P2.doc Kenneth H. Mansir, Jr, PE, GE Principal Engineer 3 6 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.6 PROJECT NO. 6019 CA1293 This sixth Project Task Description and Fee Allotment, is entered into on t1~~ f) 2.0\1 , pursuant to an Agreement between NINYO & MOORE, aCalifolnia corporation, (Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical 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 3, 2017, ("proposal"), attached as Appendix "A" for the Geotech Evaluation Of Valley And Magnolia, (the "Project"). The Project services shall include geotechnical evaluation for Valley and Magnolia Complete Streets project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within twenty (20) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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 time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $14,012. City Attorney Approved Version 8/3/16 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1 ,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 CA1293 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION FOR VALLEY AND MAGNOLIA COMPLETE STREETS PROJECT TASK GROUP Project Coordination and Review Right of Way Permit Site Recon and Markout Subsurface Evaluation and Infiltration Tests Laboratory Analysis Data Compilation and Analysis Report Preparation TOTAL (Not-to-Exceed) CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) B~~ (sign he /±I[VW1 f!_rh,/;D" ]f£Ji d-et1 f (print na e/title) TIME! & MATERIALS $495 613 472 8,336 1,400 1,050 1,646 $14,012 NINYO & MOORE, a California corporation (name of Contractor) By:CZ£~6-~ (sign here) 13-/a,~e 0-A-uf-ttl, /{.J-f}'s-k,1T (print name/title) S'U~vy 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: I Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _ __;,;:~=,~=:::s..:::!oo~~:M..--­ Deputy City Attorney Date: 17 5-.. / 7 City Attorney Approved Version 8/3/16 3 Appendix A April 3, 2017 Project No. 108040000 Mr. Jonathan Schauble, PE City of Carlsbad, Public Works Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Limited Geotechnical Evaluation and Infiltration Testing Valley Street and Magnolia Avenue Complete Streets, Project 6019 Carlsbad, California Dear Mr. Schauble: In response to your request, we are pleased to submit this proposal to perform a limited ge- otechnical evaluation and infiltration testing for the subject project. Based on qur review of the 60% stage project plans, we understand various street improvements are to be constructed along Valley Street between its intersections with Magnolia Avenue and Chestnut Avenue. The improvements along Valley Street will include asphalt concrete (AC) paved bike lanes, concrete sidewalks and driveways, concrete curbs and gutters, vegetated swales, and various small re- taining walls along the edge of the Right-of-Way. The project will also include improvements to a 456 foot long section along the northwest side of Magnolia Avenue near its intersection with Val- ley Street. The improvements will include concrete sidewalks, AC paved parking stalls, four areas of permeable pavers, and a small retaining wall along the edge of the Right-of-Way. The purpose of our services will be to evaluate existing pavement section thicknesses at se- lect locations, sample the subgrade soils, and to provide infiltration rates at the planned Best Management Practice (BMP) devices including the vegetated swales and permeable pavers. Based on our discussion, the project is a "Green Street" project and does not fall under the PDP project category. 57 I 0 Ruffin Road • San Diego, Califomia 92123 • Phone (858) 576-1000 • Fax f858) 576-9600 ~ l(lngo•Jf.o.llre. -------------------------------------ll9fl6 · '2lllA San Diego • Irvine • los Angeles • Rancho Cucamonga • Oakland • san Francisco • San Jose • Sacramento las Vegas • Phoenix • Tucson • Ffescott Valley • Fli:lgstatf • Denver • Broomfield • Houston ol Q~!~~~~-""" 4 Appendix A Valley Street and Magnolia Avenue Complete Streets, Project 6019 Carlsbad, California April 3, 2017 Project No. 108040000 SCOPE OF SERVICES Based on our understanding of the project and our correspondence with you, we propose to perform the following scope of services for the project: • Reviewing background information including available utility plans and topographic maps. • Preparing and submitting a Right-of-Way permit for approval by the City of Carlsbad prior to the performance of our field work. We have assumed that any City permit fees associated with this project will be waived. • Siting and staking of the proposed exploratory boring and infiltration test locations for clear- ance by Underground Service Alert (USA). • Implementing traffic control measures during the performance of our fieldwork, as needed. • Coring the existing AC pavement at three (3) locations to measure the existing pavement sections. o Two (2) cores will be performed within Valley Street. o One (1) core will be performed within Magnolia Avenue. • Excavating, logging, and sampling of six (6) exploratory borings to depths of approximately 5 feet (or refusal) below the existing ground surface. Bulk and in-place samples of the encoun- tered soils will be collected and transported to our in-house geotechnical laboratory for testing. o Two (2) borings are proposed along the northwest side of Magnolia Avenue. o Two (2) borings will be performed along the southwest side of Valley street. o Two (2) borings will be performed along the northeast side of Valley Street. • Performing infiltration testing in the borings. Infiltration tests will be performed in general conformance with the City of Carlsbad guidelines presented in the City BMP Design Manual dated February 2016. Per the City of Carlsbad guidelines, field infiltration testing is a two- day process that involves one day of test hole preparation and a second day for the perfor- mance of the test. • Performing geotechnical laboratory testing on the representative subgrade soil samples to evaluate classification, shear strength, soil corrosivity, and R-value. • Preparing a report presenting our findings and conclusions regarding the geotechnical as- pects of the site. The report will include geotechnical recommendations for the design and construction of pavements, retaining walls, and infiltration devices. 108040000 P Magnolia & Valley (rev).doc 2 5 Valley Street and Magnolia Avenue Complete Streets, Project 6019 Carlsbad, California ASSUMPTIONS Appendix A April3, 2017 Project No. 108040000 • The project is subject to Prevailing Wage Law under Determination Year 15-1 D. • Any City permit fees associated with this project will be waived. • Coring of the existing pavement will be performed at three core locations and traffic control will be needed. • The borings and infiltration tests can be performed in the dirt shoulders along the edge of the pavements and no pavement coring is needed. FEE ESTIMATE Our fee for the services described above will be invoiced on a time and materials basis in ac- cordance with our master on-call contract with the City of Carlsbad. We estimate that our fee for the proposed base bid services outlined above will be $14,012 (Fourteen Thousand Twelve Dol- lars). A breakdown of this fee is presented in the attached Table 1. SCHEDULE We are prepared to begin our services immediately upon receiving your written authorization to proceed. Once City permits have been received and approved, scheduling of the field work ac- tivities is anticipated to take approximately one to two weeks. The fieldwork is anticipated to take 3 to 4 days to perform. We will submit the results of our study approximately three weeks after the performance of the fieldwork. If this proposal meets with your approval, please provide us with your contract documents. We appreciate the opportunitY to submit this proposal and look forward to working with you on this project. Respectfully submitted, NIN~MOORE /(~~'::: Senior Engineer JTKIKHM/gg Attachment: Table 1 -Breakdown of Estimated Fee Distribution: (1) Addressee 1080-40000 P Magnolia & Valley (rev).doc 3 6 ~""~ Principal Engineer JVingo' JV\OO\'e Appendix A Valley Street and Magnolia Avenue Complete Streets, Project 6019 Carlsbad, California April3, 2017 Project No. 108040000 TABLE 1 -BREAKDOWN OF ESTIMATED FEE PROJECT COORDINATION AND BACKGROUND REVIEW Senior Engineer/Geologist/Environmental Scientist 1 hour @ $141.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 3 hours @ $118.00 /hour Subtotal RIGHT -OF-WAY PERMIT ACQUISITION Senior Engineer/Geologist/Environmental Scientist 1 hour @ $141.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ $ 118.00 /hour Subtotal SITE RECONNAISSANCE AND MARKOUT FOR UTILITY CLEARANCE Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ $ 118.00 /hour Subtotal SUBSURFACE EVALUATION AND INFILTRATION TESTING Senior Staff Engineer/Geologist/Environmental Scientist 27 hours @ $118.00 /hour Senior Field/Laboratory Technician 18 hours @ $ 85.00 /hour Concrete Coring Equipment (includes one technician) 7 hours @ $160.00 /hour Traffic Control (estimated) Subtotal LABORATORY ANALYSES Tests to include moisture and dry density, sieve analysis, shear strength, R-value, and corrosivity. Subtotal DATA COMPILATION AND ANALYSIS Principal Engineer/Geologist/Environmental Scientist 2 hours @ $148.00 /hour Senior Engineer/Geologist/Environmental Scientist 2 hours @ $141.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ $118.00 /hour Subtotal $ 141.00 $ 354.00 $ 495.00 $ 141.00 $ 472.00 $ 613.00 $ 472.00 $ 472.00 $ 3,186.00 $ 1,530.00 $ 1,120.00 $ 2,500.00 $ 8,336.00 $ 1,400.00 $ 1,400.00 $ 296.00 $ 282.00 $ 472.00 $ 1,050.00 106040000 T Magnolia & Valley (rev).xlu 1 of2 7 JVIngo ·' JV\OOt'e Valley Street and Magnolia Avenue Complete Streets, Project 6019 Carlsbad, California Appendix A April 3, 2017 Project No. 1 08040000 TABLE 1 -BREAKDOWN OF ESTIMATED FEE REPORT PREPARATION Principal Engineer/GeologisUEnvironmental Scientist Senior Engineer/GeologisUEnvironmental Scientist Staff Engineer/GeologisUEnvironmental Scientist Technical Illustrator/CAD Operator Data Processing, Technical Editing, or Reproduction Subtotal 108040000 T Magnolia & Valley (rev).xlsx TOTAL ESTIMATED FEE 2 of2 8 2 hours 4 hours 4 hours 2 hours 4 hours @ $148.00 @ $141.00 @ $109.00 @ $ 75.00 @ $ 50.00 /hour $ 296.00 /hour $ 564.00 /hour $ 436.00 /hour $ 150.00 /hour $ 200.00 $ 1,646.00 $14,012.00 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.5 PROJECT NO. 6066 CA1293 This fifth Pro~ct Task Description and Fee Allotment, is entered into on tJ\C,\.~ , '2.011 , pursuant to an Agreement between NINYO & MOORE, a alifornia corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide design 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 March 30, 2017, ("proposal"), attached as Appendix "A" for the Cannon Rd Bridge Over Macario Canyon Geotechnical Evaluation And Slope Monitoring, (the "Project"). The Project services shall include geotechnical evaluation and slope monitoring for the Bridge Abutment Slope Paving on Cannon Rd Bridge over Macario Canyon. 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 four hundred (400) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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 time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $33,436. City Attorney Approved Version 8/3/16 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1 ,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 CA1293 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION AND SLOPE MONITORING FOR THE BRIDGE ABUTMENT SLOPE PAVING ON CANNON RD BRIDGE OVER MACARIO CANYON TASK GROUP TIME & MATERIALS cores in concrete slope paving $3,835 limited access drilling and inclinometer installation 22,093 monitoring I periodic inclinimoter readings TOTAL (Not-to-Exceed) CONTRACTOR NINYO & MOORE, a California corporation (name of Contractor) By~~ (sign here) A vram Ninyo I President (print name/title) 7,508 $33,436 NINYO & MOORE, a California corporation (name of Contractor) By: ~(p-~ (sign here) Elaine 0. Autus I Assistant Secretary (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: -~-·,....._'5_'_!_? ____ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY}(lQ~ DeputYGitYAttorn City Attorney Approved Version 8/3/16 3 Mr. Emad Elias, PE City of Carlsbad 1635 FaradayAvenue Carlsbad, California 92008 Appendix A March 30, 2017 Project No. 108040000 Subject: Proposal for Geotechnical Evaluation and Slope Moritoring Services Bridge Abutment Slope Paving Dear Mr. Elias: Cannon Road B"idge Over Macario Canyon Carlsbad, California In response to your request, we are pleased to submit this proposal to perform a geotechnical evaluation and slope monitoring services for the subject project. In preparation of this proposal, we have met with you to perform a site reconnaissance and have reviewed as-built project plans for the bridge. Based on the site reconnaissance, we understand that the concrete slope paving covering the abutment slopes beneath the eastbound and westbound decks for the subject bridge has experienred some cracking. Also, separations and offsets of control joints and con- struction joints were observed. Furthermore, we also observed the presence of voids beneath the concrete slope paving through some of the concrete cracks. The purpose of our services will be to monitor the abutment slopes for continued movement. Addi- tionally, our services will be performed to evaluate the potential cause(s) of the noted cracking, separation, and voids and to potentially provide repair recommendations. As discussed with you, our services have been separated into three phases. The first phase listed below includes the per- formance of several cores with shallow hand auger borings. The intent of the cores with the shallow borings is to evaluate the general extent of potential voids beneath the slope paving and to gather additional subsurface exploration to aid in the evaluation of the noted cracking, separa- tion, and voids in the concrete slope paving. The second phase described below will include drilling borings for the installation inclinometers and to also collect subsurface information to aid in the evaluation of potential causes of the noted cracking, separation, and voids in the concrete slope paving. The first and second phases can be performed concurrently. The third phase in- cludes the performance of inclinometer readings after installation to monitor for slope movement. 4 Cannon Road B"idge Over Macario Canyon Carlsbad, California SCOPE OF SERVICES (CORES) Appendix A March 30, 2017 Project No. 1 08040000 Based on our understanding of the project, we propose the following scope of services: • Performing a subsurface exploration consisting of manually excavating, logging, and sam- pling of six exploratory cores and advancing borings to depths of approximately 5 feet (or refusal). Three cores will be performed with the east abutment slope and three cores within the west abutment slope. The borings will be logged and sampled by Ninyo & Moore per- sonnel. Bulk and in-place samples of the encountered soils will be collected and transported to our laboratory for testing. • Performing geotechnical laboratory testing on representative samples to evaluate soil char- acteristics and parameters for design purposes. • Compiling and performing an engineering analysis of the data obtained. SCOPE OF SERVICES (INCLINOMETER INSTALLATION) Based on our understanding of the project, we propose the following scope of services: • Reviewing background information including available as-built project plans, geotechnical reports, geologic maps, groundwater data, and stereoscopic aerial photographs for the project area. • Obtaining a Right-of-Way permit from the City of Carlsbad for the project site. • Preparing and submitting a boring permit application to the County of San Diego Department of Environmental Health (DEH) prior to the performance of our fieldwork • Performing a geologic reconnaissance of the site to observe the existing conditions and to mark out proposed core locations. Underground Service Alert (USA) will be contacted for utility markout. • Implementing traffic control during the performance of our field services for the cores and the inclinometer installation. • Performing a subsurface exploration consisting of the drilling, logging, and sampling of two exploratory borings using a limited-access drill rig. One boring will be performed within the east abutment slope to a depth of approximately 30 feet (or refusal) and one boring will be performed in the west abutment slope to a depth of approximately 40 feet (or refusal). The borings will be logged and sampled by Ninyo & Moore personnel. Bulk and in-place samples of the encountered soils will be collected and transported to our laboratory for testing. • Installing inclinometer casing into the two exploratory borings. 108().40000 P Cannon rev 5 Cannon Road B"idge Over Macario Canyon Carlsbad, California Appendix A March 30, 2017 Project No. 1 08040000 • Performing geotechnical laboratory testing on representative samples to evaluate soil char- acteristics and parameters for design purposes. • Compiling and performing an engineering analysis of the data obtained. • Preparing a report summarizing our findings and the results of our laboratory testing as well as providing our geotechnical conclusions and recommendations, as appropriate. SCOPE OF SERVICES (MONITORING} Based on our understanding of the project, we propose the following scope of services: • Performing a series of ten inclinometer readings, including the initial or baseline reading, and nine subsequent periodic readings. The periodic readings will be performed at intervals coordinated with the City of Carlsbad. • Submitting a technical memorandum summarizing and interpreting the data obtained and our from our inclinometer readings. FEES Our fees for the services described above will be invoiced on a time and materials basis in ac- cordance with our current contract with the City of Carlsbad. The fees for each phase of work are presented in the table below. Scope of Services Fee Cores in the Concrete Slope Paving $3,835 Limited-Access Drilling And Inclinometer Installation $22,093 Monitoring by Periodic Inclinometer Readings $7,508 ASSUMPTIONS The proposed scope of services and the associated fees are based on the following assumptions: • The performance of the cores and the installation of the inclinometers will be approved and can be performed concurrently under one mobilization to reduce the expenses associated with coordination, permitting, and subcontractor rates. • Our field services can be performed on weekdays (Monday through Friday) during normal business hours (between 8 am and 5 pm). • The project is subject to State of California prevailing wage law. 108040000 P Cannon rev 6 Cannon Road Etidge Over Macario Canyon Carlsbad, California Appendix A March 30, 2017 Project No. 1 08040000 • Abandoning of the inclinometers in accordance with the DEH guidelines is not a part of this scope of work. The abandonment of the inclinometers should be performed under separate scope of work at a later date under a separate DEH permit. Additional fees will apply for the abandonment of the inclinometers. • A Right-of-Way permit and/or traffic control will not be needed during the performance of the inclinometer readings during the monitoring stages of this proposal. We appreciate the opportunity to submit our proposal to you and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Jeffrey T. Kent, PE, GE Senior Engineer JTKIKHM/gg Distribution: (1) Addressee 108040000 P Cannon rev 7 Kenneth H. Mansir, Jr, PE, GE Principal Engineer Cannon Road Bridge over Maca rio Canyon Carlsbad, California Appendix A March 30, 2017 Project No. 108040000 TABLE 1 -BREAKDOWN OF ESTIMATED FEE (CORES) SUBSURFACE EVALUATION (Assumes 6 cores up to app10ximately 5 feet deep) Senior Engineer/Geologist/Environmental Scientist Concrete Coring Equpment (includes one technidan) Subtotal 3 hours @ $141.00 /hour 8 hours @ $160.00 /hour LABORATORY ANALYSES Tests to include moisture and dry density, proctor density, expansion index, sieve analysis, Atterberg limits, shear strength, R-value, and corrosivity. Subtotal DATA COMPILATION AND ANALYSIS Principal Engineer/Geologist/Environmental Scientist 2 hours @ $148.00 /hour Senior Engineer/Geologist/Environmental Scientist 4 hours @ $ 141.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ $ 118.00 /hour Subtotal TOTAL ESTIMATED FEE (CORES) 8 I 08040000 T Cannon rev (in-house).xlsx $ 423.00 $ 1,280.00 $ 1,703.00 $ 800.00 $ 800.00 $ 296.00 $ 564.00 $ 472.00 $ 1,332.00 $ 3,835.00 1 Cannon Road Bridge over Maca rio Canyon Carlsbad, California Appendix A March 30, 2017 Project No. 108040000 TABLE 2 -BREAKDOWN OF ESTIMATED FEE (INCLINOMETER INSTALLATION) PROJECT COORDINATION AND BACKGROUND REVIEW Senior Engineer/Geologist/Environmental Scientist 2 hours Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ $141.00 /hour @ $118.00 /hour Subtotal PERMIT ACQUISITION Senior Engineer/Geologist/Environmental Scientist 2 hours @ $141.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ $118.00 /hour Permit Fees Subtotal SITE RECONNAISSANCE AND MARKOUT FOR UTILITY CLEARANCE Senior Staff Engineer/Geologist/Environmental Scientist 3 hours @ $ 118.00 /hour Subtotal SUBSURFACE EVALUATION (Assumes 2 borings/inclinometers up to approximately 45 feet deep) Senior Engineer/Geologist/Environmental Scientist 4 hours @ $141.00 /hour Concrete Coring Equpment (includes one technidan) 8 hours @ $160.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 18 hours @ $118.00 /hour Drill Rig (Subcontractor) 16 hours @ $320.00 /hour Traffic Control 16 hours @ $210.00 /hour Subtotal LAB ORA TORY ANALYSES Tests to include moisture and dry density, proctor density, expansion index, sieve analysis, Atterberg limits, shear strength, R-value, and corrosivity. Subtotal DATA COMPILATION AND ANALYSIS Principal Engineer/Geologist/Environmental Scientist 2 hours @ $ 148.00 /hour Senior Engineer/Geologist/Environmental Scientist 8 hours @ $ 141.00 /hour Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ $ 118.00 /hour Subtotal 9 108040000 T Cannon rev (in-house).xlsx $ 282.00 $ 944.00 $ 1,226.00 $ 282.00 $ 944.00 $ 275.00 $ 1,501.00 $ 354.00 $ 354.00 $ 564.00 $ 1,280.00 $ 2,124.00 $ 5,120.00 $ 3,360.00 $ 12,448.00 $ 1,200.00 $ 1,200.00 $ 296.00 $ 1,128.00 $ 944.00 $ 2,368.00 Cannon Road Bridge over Maca rio Canyon Carlsbad, California Appendix A March 30, 2017 Project No. 108040000 TABLE 2 -BREAKDOWN OF ESTIMATED FEE (INCLINOMETER INSTALLATION) REPORT PREPARATION Principal Engineer/GeologisUEnvironmental Scientist 2 hours @ $148.00 /hour $ 296.00 Senior Engineer/GeologisUEnvironmental Scientist 8 hours @ $141.00 /hour $ 1 '128.00 Staff Engineer/GeologisUEnvironmental Scientist 8 hours @ $109.00 /hour $ 872.00 Technical Illustrator/CAD Operator 4 hours @ $ 75.00 /hour $ 300.00 Data Processing, Technical Editing, or Reproduction 8 hours @ $ 50.00 /hour $ 400.00 Subtotal $ 2,996.00 TOTAL ESTIMATED FEE (INCLINOMETER INSTALLATION) $22,093.00 10 108040000 T Cannon rev (inwhouse).xlsx Cannon Road Bridge over Maca rio Canyon Carlsbad, California Appendix A March 30, 2017 Project No. 108040000 TABLE 3 -BREAKDOWN OF ESTIMATED FEE (MONITORING) FIELD SERVICES (10 READINGS) Senior Project Engineer/Geologst/Environmental Scientis1 40 hours @ $137.00 /hour Subtotal DATA TRANSMITTAL (10 READINGS) Principal Engineer/Geologist/Environmental Scientist 4 hours @ $148.00 /hour Senior Engineer/Geologist/Environmental Scientist 4 hours @ $141.00 /hour Staff Engineer/Geologist/Environmental Scientist 8 hours @ $109.00 /hour Subtotal TOTAL ESTIMATED FEE (MONITORING) 11 108040000 T Cannon rev (in~house).xlsx $ 5,480.00 $ 5,480.00 $ 592.00 $ 564.00 $ 872.00 $ 2,028.00 $ 7,508.00 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.4 PROJECT NO. 6044 CA1293 Fee Allotment, is entered into on -:::-::7!-::1.~=-=-~.r::--~->-<:-...-...___,.""":'7-f:I-:~~~<-:-'""':::--PUrsuant to an Agreement between N I NY 0 & ORE, a California corporation, ("Contractor'') and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical engineering 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 October 19, 2016, ("proposal"), attached as Appendix "A" for the Palomar Airport Road Infiltration Testing, (the "Project"). The Project services shall include Geotechnical investigation, Letter Report, and ROW encroachment permit. 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 thirty (30) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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 time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,400. City Attorney Approved Version 8/3/16 CA1293 4. PREVAILING WAGE RATES Ill Ill /II /II /II Ill /II /II Ill /II Ill Ill /II /II /II /II /II /II Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 CA1293 TABLE 1 FEE ALLOTMENT GEOTECHNICAL INVESTIGATION, LETTER REPORT, AND ROW ENCROACHMENT PERMIT TASK GROUP Work on Palomar Airport Road (2 core samples) TOTAL (Not-to-Exceed) CONTRACTOR NINYO & MOORE, a California corporation By~·~~- ( si9flhere) A vram Ninyo/President (print name/title) TIME & MATERIALS $7,400 $7,400 NINYO & MOORE, a California corporation (name of Contractor) By: ~'J. AdiV: (sign here) Elaine 0. Autus/Assistant Secretary (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 iJ\~~ .. By:~~-4!~/V~~+--=~~~~~~--­Eiaine Lukey/ tmg Public Works Drrector APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __ ~~-=~~~~~~-----­ Deputy City Attorney 3 Date: // ~ '16 City Attorney Approved Version 8/3/16 October 19, 2016 Project No. 108040000 Mr. Daniel Zimny City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Infiltration Testing Palomar Airport Road Right Turn Lane to Paseo Del Norte Carlsbad, California Dear Mr. Zimny: In response to your request, we are pleased to submit this proposal to perform infiltration test- ing for the subject project. Based on our correspondence with you and our site visit, we understand that a dedicated right turn lane is proposed along the east bound lanes of Palomar Airport Road leading to Paseo Del Norte in Carlsbad, California. In addition to the new pave- ments, concrete flatwork and infiltration devices will be constructed. To accommodate the new turn lane, the roadway will be widened several feet to the south. The purpose of our services will be to provide information regarding the infiltration rates of the site soils to assist in the feasibility analysis for on-site infiltration. As part of our services, we will assist in the completion of the City of Carlsbad Worksheet for the Categorization of Infiltration Feasibility Condition. SCOPE OF SERVICES Based on our understanding of the project and our correspondence with you, we propose to perform the following scope of services for the project: • Reviewing background information including available utility plans and topographic maps. • Siting and staking of the proposed exploratory boring locations for clearance by Under- ground Service Alert (USA). • Preparing and submitting a Right-of-Way permit for approval by the City of Carlsbad prior to the performance of our field work, if needed. We have assumed that any City permit fees associated with this project will be waived. san Diego • Irvine • Los Angeles • Rancho Cucamonga • Oakland • San Francisco • san Jose • sacramento 5710 Ruffin Road • San Diego, California 92123 • Phone (858) 576-l 000 • Fax (858) 576-9600 I ~~~9:k}(t0~~~ YEARS Las Vegas • Phoenix • Tucson • Prescott Va!ley • Ragstaff • Denver • Broomfield • Houston ,_' ,;:,._; _l '-::.~:, - Palomar Airport Road Right Turn Lane to Paseo Del Norte Carlsbad, California October 19, 2016 Project No. 108040000 • Implementing traffic control measures during the performance of our fieldwork, if needed. • Manually excavating, logging, and sampling of two exploratory borings in the landscaped are- as behind the existing sidewalk. The borings will be excavated to a depth of approximately 5 feet (or refusal) below the existing ground surface. Bulk samples of the encountered soils and aggregate base materials will be collected and transported to our in-house geotechnical laboratory for testing. • Performing infiltration testing in the borings. Infiltration tests will be performed in general conformance with the City of Carlsbad guidelines presented in the City BMP Design Manu- al dated February 2016. Per the City of Carlsbad guidelines, field infiltration testing is a two-day process that involves one day of test hole preparation and a second day for the performance of the test. • Performing geotechnical laboratory testing of representative soil and aggregate base samples. Geotechnical laboratory testing may include in-place moisture content and gradation (sieve) analysis. • Preparing a letter report to provide our findings regarding infiltration at the site. ASSUMPTIONS • The project is subject to Prevailing Wage Law under Determination Year 15-1 D. • Any City permit fees associated with this project will be waived. • Caltrans permits will not be required for the performance of our fieldwork. FEE Our fee for the services described above will be invoiced on a lump sum basis. Our fee to perform the proposed services outlined above will be $7,400 (Seven Thousand Four Hundred Dollars). SCHEDULE We are prepared to begin our services immediately upon receiving your written authorization to proceed. Once any associated City permits have been received and approved, scheduling of the field work activities is anticipated to take approximately one week. We will submit the results of our study approximately three weeks after the performance of the fieldwork. If this proposal meets with your approval, please provide us with your contract documents. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. 108040000 P Palomar lnfiHratlon.doc 2 Palomar Airport Road Right Turn Lane to Paseo Del Norte Carlsbad, California October 19, 2016 Project No. 108040000 We are prepared to start coordinating fieldwork as soon as we receive authorization. Respectfully submitted, NINYO & MOORE ~r//-Jt Jeffrey T. Kent, PE, GE Senior Engineer JTK/KHM/gg Distribution: (1) Addressee 108040000 P Palomar lnnJtraUon.doc 3 Kenneth H. Mansir, Jr, PE, Principal Engineer PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.3 PROJECT NO. 6054 CA1293 This third roject Task Description and Fee Allotment, is entered into on _, /~ald'/V , pursuant to an Agreement between NINYO & MO RE, a Ca ifornia corpoation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical engineering 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 August 15, 2016, ("proposal"), attached as Appendix "A" for the Terramar Area Coastal Improvement Project, (the "Project"). The Project services shall include pavement coring, R-value testing, and traffic control. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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 time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $17,950. City Attorney Approved Version 8/3/16 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to com ply with Section 1776. City Attorney Approved Version 8/3/16 2 CA1293 TABLE 1 FEE ALLOTMENT PAVEMENT CORING, R-VALUE TESTING, AND TRAFFIC CONTROL TASK GROUP work in Carlsbad Blvd (5 cores) work in Cannon Road (3 cores) hot mix AC patching (8 cores) TOTAL (Not-to-Exceed) CONTRACTOR NINYO & MOORE, a California corporation By~~ Avram Ninyo I President (print name/title) TIME & MATERIALS $8,700 5,250 4,000 $17,950 NINYO & MOORE, a California corporation (name of Contractor) By: ~G·~ (sign here) Elaine 0. Autus I Assistant Secretary (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: _~_}_· J __ 1_·_1_t~ ____ _ City Manager o rector APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ --~~~~~~~~~----Deputy City Attorney City Attorney Approved Version 8/3/16 3 --~·-· Mr. Jonathan Schauble City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Pavement Coring and R-Value Sampling Carlsbad Boulevard and Cannon Road Carlsbad, California Dear Mr. Schauble: August 15, 2016 Project No. 108040000 Appendix "A" In response to your request, we are pleased to submit this proposal to provide pavement coring and R-value sampling services along Carlsbad Boulevard and Cannon Road in Carlsbad, Cali- fornia. Specifically, the project will include the roadways for Carlsbad Boulevard from Cannon Road to Manzano Drive and Cannon Road from Carlsbad Boulevard and heading east toward the nearby existing railroad tracks. The purpose of our services will be to core the existing as- phalt concrete (AC) surface along the roadways to measure the pavement section thickness (including AC and base materials), sample the subgrade soils, and evaluate the R-value of the encountered subgrade soils. SCOPE OF SERVICES Based on our understanding of the project and our correspondence with you, we propose to perform the following scope of services for the project: • Preparing and submitting a Right-of-Way permit for approval by the City of Carlsbad prior to the performance of our field work. We have assumed that any City permit fees associat- ed with this project will be waived. • Performing a site reconnaissance to observe the general site conditions and to mark the proposed coring locations for clearance by Underground Service Alert (USA). • Performing 8-inch diameter cores at five (5) locations within the travel lanes for Carlsbad Boulevard from Cannon Road to Manzano Drive. At each core, a boring will be excavated using hand methods to a depth of approximately 3 feet below the pavement section. Bulk samples of the encountered subgrade soils will be collected and transported to our in- house geotechnical laboratory for testing. 5710 Ruffin Road • San Otego. Callfom1a 92123 • Phone (858) 576-1 000 • Fax (858) 576-9600 san Diego • 1rv1ne • Los Angeies • Rancho Cucamonga • Oakland • San Frann>co • san Jose • sacramento Las Vegas • Phoenix • Tucson • Prescott Valley • Flagstaff • Denver • Broomfield • Hou.1ton Carlsbad Boulevard and Cannon Road Carlsbad, California August 15, 2016 Project No. 108040000 • Performing 8-inch diameter cores at three (3) locations within the travel lanes for Cannon Road from Carlsbad Boulevard to the east toward the nearby existing railroad tracks. At each core, a boring will be excavated using hand methods to a depth of approximately 3 feet below the pavement section. Bulk samples of the encountered subgrade soils will be collected and transported to our in-house geotechnical laboratory for testing. • Performing geotechnical laboratory testing on the representative subgrade soil samples. Geotechnical laboratory testing will include R-value analysis of each of the eight (8) sub- grade soil samples collected. • Preparing a letter report presenting our findings regarding pavement section thicknesses, classification of the subgrade soils, and the results of the R-value laboratory testing. ASSUMPTIONS • The project is subject to Prevailing Wage Law under Determination Year 15-1 D. • Any City permit fees associated with this project will be waived. • The base bid fees are based on the assumption that either Perma-patch materials, black- dyed concrete, or City provided hot-mix AC materials are used for the patching of cores. If Ninyo & Moore is to provide the hot-mix AC materials for patching purposes, additional fees will be applied. FEE ESTIMATE Our fee for the services described above will be invoiced on a time and materials basis in ac- cordance with our master on-call contract with the City of Carlsbad. We estimate that our fee for the proposed base bid services outlined above will be $13,950 (Thirteen Thousand Nine Hundred Fifty Dollars). A breakdown of the fee by street is presented below. An additional fee of $4,000 will be added to the total fee is Ninyo & Moore is to provide the hot-mix AC materials for patching purposes. SECTION FEE BASE BID -Carlsbad Boulevard from Cannon Road to Manzano Road (5 CoreS) $8,700 BASE BID-Cannon Road from Carlsbad Boulevard to railroad tracks (3 Cores) $5,250 TOTAL BASE BID FEE $13,950 Additional Fee for Hot-Mix AC Patching $4,000 108040000 P Carlsbad & Cannon Cores.doc 2 Carlsbad Boulevard and Cannon Road Carlsbad, California SCHEDULE August 15, 2016 Project No. 108040000 We are prepared to begin our services immediately upon receiving your written authorization to proceed. Once City permits have been received and approved, scheduling of the field work ac- tivities is anticipated to take approximately one to two weeks. We will submit the results of our study approximately three weeks after the performance of the fieldwork. If this proposal meets with your approval, please provide us with your contract documents. We appreciate the oppor- tunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE ~.~(:[ Senior Engineer LLB/JTKIKHM/gg Distribution: ( 1) Addressee 108040000 P Carlsbad & Cannon Corcs.doc 3 Kenneth H. Mansir, Jr, PE, GE Principal Engineer PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 6602 CA1293 This second Project Task Description and Fee Allotment, is entered into on "'1u~Ae_ \.4 1 .Z.uHo , pursuant to an Agreement between Ninyo and Moore, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical 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 May 25, 2016, ("proposal"), attached as Appendix "A" for the La Coruna Drainage Improvements, (the "Project"). The Project services shall include exploratory borings through the AC pavement, lab testing, report of findings, recommendations for lining material, and other services further defined in Appendix "A". 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 thirty (30) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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. Payments shall be based on time and expense basis accrued in accordance with the rate schedule provided in the master agreement. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix "A", then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,600. City Attorney Approved Version 5/4/16 CA1293 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 177301 of the California Labor Code" Pursuant to Section 177302 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City EngineeL Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection" Contractor shall require any subcontractors to comply with Section 17760 City Attorney Approved Version 5/4/16 2 CA1293 TABLE 1 FEE ALLOTMENT La Coruna Drainage Improvements ~ .~ TASK GROUP TIME & MATERIALS Geotechnical Exploration $5,600 TOTAL (Not-to-Exceed) $5,600 Executed by Contractor this ____ day of-------------' 20 . CONTRACTOR NINYO & MOORE, a California Corporation (name of Contractor) "' By: / Avram Ninyo I President (print name/title) NINYO & MOORE, a California Corporation (name of Contractor) By:~~·~ (sign here) Elaine 0. Autus I Assistant Secretary (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. By: LSBAD, a municipal corporation of the State of California Date: -~-l!-, f~~t+--;i - APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~) Deputy City Attorney City Attorney Approved Version 5/4/16 3 Mr. Daniel Zimny City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 & Appendix "A" Subject: Proposal for Limited Geotechnical Evaluation Drainage at La Coruna Place Carlsbad, California Dear Mr. Zimny: May 25,2016 Project No. 108040000 In response to your request, we are pleased to submit this proposal to perform a limited ge- otechnical evaluation of the drainage conditions along La Co run a Place in Carlsbad, California. Based on our correspondence with you and our site visit, we understand that the cul-de-sac for La Coruna Place has experienced issues with surface drainage. To address the surface drain- age conditions, the City is considering various improvement options, such as a permeable gutter. The purpose of our geotechnical evaluation will be to observe and sample the subgrade soil conditions beneath the existing curb-and-gutter and the asphalt concrete (AC) pavement. Specifically, our evaluation will focus on the potential presence of subsurface or perched water conditions and providing recommendations for lining of such new improvements as the permea- ble gutter and the renovation of the existing AC pavement. SCOPE OF SERVICES Based on our understanding of the project and our correspondence with you, we propose to perform the following scope of services for the project: • Reviewing background information including available utility plans, topographic maps, geo- logic maps, and stereoscopic aerial photographs. • Siting and staking of the proposed exploratory boring locations for clearance by Under- ground Service Alert (USA). • Preparing and submitting a Right-of-Way permit for approval by the City of Carlsbad prior to the performance of our field work, if needed. We have assumed that any City permit fees associated with this project will be waived. ___ S_l_JO_R_u_ffi_n_~_o_ad_G_Sa_n_D_ie_go_, __ C_a_li~_om_ia-"9-2_! 2_3_w_P_h_on_e_f_85_8_J_57_6_-_l O_O_O_$_Fa_x_(B_S_B_}S_7_6_-9_6_0_0 ___ ~~1".-_~,~--~-.·.v: .. ,E" __ ~-.-~.R_ .. : ___ -s'.n.'_} •. n._,'"'"~,e San Diego • Irvine • los Angeles • Rancho Cuca:nonga • Oakland San Francisco • San Jose • Sacramento _ _ _ _ las Vegas • Phoenix • Tucson • Prescott Valley • Ragstaff • Denver • Broomfield • Houston Drainage at La Coruna Place Carlsbad, California May 25,2016 Project No. 1 08040000 • Coring the existing AC pavement along La Coruna Place to provide access for the perfor- mance <;>four borings and measuring of the existing pavement section. • Manually excavating, logging, and sampling of two exploratory borings through the cored AC pavement. The borings will be excavated to a depth of approximately 4 feet (or refusal) below the existing ground surface. Bulk samples of the encountered soils and aggregate base mate- rials will be collected and transported to our in-house geotechnical laboratory for testing. • Performing geotechnical laboratory testing of representative soil and aggregate base samples. Geotechnical laboratory testing may include in-place moisture content, gradation (sieve) analy- sis, and R-value analysis. • Prepa,ring a report presenting our findings with regards to the subsurface conditions and the potential presence of subsurface seepage or perched water conditions. The report will also include recommendations for lining of such new improvements as the permeable gutter and the renovation of the existing AC pavement. ASSUMPTIONS • The project is subject to Prevailing Wage Law under Determination Year 15-1 D. • Any City permit fees associated with this project will be waived. • Infiltration testing is not a part of this evaluation. If warranted based on the findings from the proposed study, a separate proposal for the infiltration testing services will be provided. Note, infiltration testing is a two-day process. FEE ESTIMATE Our fee for the services described above will be invoiced on a lump sum basis. Our fee to per- form the proposed services outlined above will be $5,600 (Five Thousand Six Hundred Dollars). 106040000 p Coruna.doc 2 Drainage at La Coruna Place Carlsbad, California SCHEDULE May 25, 2016 Project No. 108040000 We are prepared to begin our services immediately upon receiving your written authorization to proceed. Once any associated City permits have been received and approved, scheduling of the field work activities is anticipated to take approximately one week. We will submit the results of our study approximately three weeks after the performance of the fieldwork. If this proposal meets with your approval, please provide us with your contract documents. We appreciate the opportunity to submit this proposal and look fotward to working with you on this project. We are prepared to start coordinating fieldwork as soon as we receive authorization. Respectfully submitted, NINYO & MOORE /f7H' Jeffrey T. Kent, PE, GE Senior Engineer JTK/KHM/gg Distribution: (1) Addressee 108040000 P Coruna.ooc 3 Kenneth H. Mansir, Jr, PE, GE Principal Engineer PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 6611 CA1293 This first Project Task Description and Fee Allotment, is entered into on t\~yriA.... 1>" , 20~(.., , pursuant to an Agreement between Ninyo & Moore, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide geotechnical consulting 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 January 20, 2016, ("proposal"), attached as Appendix "A" for the Park Drive Drainage and Street Improvements, (the "Project"). The Project services shall include proving technical support to Rick Engineering Company to assist in the preparation, review and analyzing documents for the Project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the 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 time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $3,000. City Attorney Approved Version 1/30/13 MASTER AGREEMENT FOR GEOTECHNICAL SERVICES NINYO & MOORE t i l.\ ·, / CA1293 THIS AGREEMENT is made and entered into as of the \]-t-'h day of N ¥W\\9e~ , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NINYO & MOORE, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consulting firm that is experienced in providing geotechnical services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to geotechnical services. D. 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. 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, 2015, to November 30, 2018. 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. 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 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 City 1 City Attorney Approved Version 6/9/15 \ L\ ~ CA1293 inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) for the term of the agreement. The total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A" for the three year term period. Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for 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 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 with holdings 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) daysfor 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. 2 City Attorney Approved Version 6/9/15 \ ~ CA1293 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 willful misconduct or negligent act or omission 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 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City) $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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. 1 0.1.4 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: 3 City Attorney Approved Version 6/9/15 CA1293 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 are: For City Name: Title: Dept: Pat Thomas Public Works Director Public Works CITY OF CARLSBAD Address: 1635 Faraday Avenue Carlsbad, CA 92008 Phone: 760-602-2730 For Contractor Name: Jeffrey Kent Title: Project Manager Address: 5710 Ruffin Road San Diego, Ca 92123 Phone: 858-576-1000 x11283 Email: jkent@ninyoandmoore.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 four categories. 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. Co"ntractor 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City ManageL 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. 5 City Attorney Approved Version 6/9/15 \ r;:J\) CA1293 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 at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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. JURISDICTIONS 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. 6 City Attorney Approved Version 6/9/15 \ CA1293 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. Executed by Contractor this J3 rd___ day of ~ Jej!!~/2/ ,2015 CONTRACTOR NINYO & MOORE, a California corporation By~~~ (sign here Avram Ninyo I President (print name I title) By:_~ __ .... _rR_·~-- (sign here) Elaine 0. Autus I Assistant Secretary (print name I title) CITY OF CARLSBAD, a municipal corporation of the State of California By <j;lfi!PI tt Hall/ Mayor ATTEST: /<2 J' '-V/·)c:cvlc~~ vt-<-~-­~BARA ENGLESON 0 City Clerk Proper notarial acknowledgement 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____..~9· z......, ~""""'%:""'-~.=...:::..::..._.r.~{/::::..;_(--~.~6- Assistarft City Attorney PcfU!J 8 City Attorney Approved Version 6/9/15 CA1293 EXHIBIT "A" SCOPE OF SERVICES Perform a variety of geotechnical tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA#) related to the following: 1. geotechnical investigations 2. hazardous material evaluations 3. materials testing Requests for work not listed above must be contracted under separate agreement. 9 City Attorney Approved Version 6/9/15 \