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Home My WebLink AboutNinyo and Moore; 2018-11-13; PSA19-665TRANPSA19-665TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR LA COSTA AVENUE PAVEMENT EVALUATION SERVICES NINYO & MOORE THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2018, 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 consultant that is experienced in roadway section evaulation. B. Contractor has the necessary experience in providing professional services and advice related to roadway section evaulation. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-one thousand nine hundred dollars ($21,900). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed five thousand dollars ($5,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE 13th November PSA19-665TRAN City Attorney Approved Version 6/12/18 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 3 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. $ Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 4 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 5 For City For Contractor Name Emad Elias Name Jeff Kent Title Associate Engineer Title Project Manager Department Public Works Address 5710 Ruffin Road City of Carlsbad San Diego, CA 92123 Address 1635 Faraday Ave. Phone No. 858-576-1000 (x11283) Carlsbad, CA 92008 Email jkent@ninyoandmoore.com Phone No. 760-602-7558 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 6 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 7 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California NINYO & MOORE, a California corporation By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Avram Ninyo, President (print name/title) By: (sign here) Elaine O. Autus, Assistant Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE PSA19-665TRAN City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE November 7, 2018 Project No. 108040000 Mr. Emad Elias, PE City of Carlsbad Public Works – Transportation and Engineering 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Geotechnical Pavement Evaluation La Costa Avenue at El Camino Real and Calle Madero Carlsbad, California Dear Mr. Elias: In response to your request, we are pleased to submit this proposal to perform a geotechnical pavement evaluation for the paving projects at the intersections of La Costa Avenue with El Camino Real and Calle Madero in Carlsbad, California. From our discussions with you, we understand that the existing asphalt concrete (AC) pavement within the eastbound lanes along La Costa Avenue leading into El Camino Real have experienced shoving, rutting, and wash boarding. Primarily, the two left turn lanes and the Number 1 through lane have experienced the noted conditions. Furthermore, we understand that this area underwent a 3-inch grind and overlay process a few years back. Additionally, La Costa Avenue is scheduled for a pavement maintenance project east of its intersection with El Camino Real. This paving project is to include the grinding of the existing AC pavement 2 inches and placement of a 2-1/2 inch thick AC overlay. To provide information regarding the existing pavement section along this stretch of roadway, our services will also include the performance of a core to measure the existing AC pavement section along La Costa Avenue near Calle Madero. The purpose of the pavement core in this area is also to check for the potential presence of a pavement fabric within the existing AC. This project is considered a priority for the City of Carlsbad and a quick turnaround time is being requested. Specifically, the results of the evaluation are being requested in December 2018. DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE Ninyo & Moore | La Costa Avenue at El Camino Real and Calle Madero, Carlsbad, California | 108040000 | November 7, 2018 SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services:  Reviewing background information including available utility plans and topographic maps.  Siting and staking of the proposed exploratory boring location for clearance by Underground 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.  Implementing traffic control measures during the performance of our fieldwork.  Coring the existing AC pavement at three (3) locations to measure the existing pavement sections. One core is to be performed in the left second turn lane of La Costa Avenue at El Camino Real, one core is to be performed within the Number 1 eastbound through lane of La Cosa Avenue at El Camino Real, and one core is to be performed within the eastbound Number 1 lane near Calle Madero.  Manually excavating, logging, and sampling of three (3) exploratory borings through the cored AC pavement to depths of approximately 3 feet (or refusal) below the existing ground surface. Bulk and in-place samples of the encountered soils will be collected and transported to our in-house geotechnical laboratory for testing.  Measuring the thickness of the pavement sections encountered within the AC pavement cores.  Visual evaluation of the the extracted AC cores for the presence of pavement fabric and previous overlays.  Performing geotechnical laboratory testing of the subsurface soils at depth to evaluate soil classification and design parameters. Testing is anticipated to include an evaluation of in-situ moisture content and R-value.  Preparing a letter-report presenting our findings and conclusions regarding the pavement conditions and thicknesses encountered. The report will include geotechnical recommendations for the mitigation of the noted AC pavement features. 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 $21,900 (Twenty-One Thousand Nine Hundred Dollars). DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE Ninyo & Moore | La Costa Avenue at El Camino Real and Calle Madero, Carlsbad, California | 108040000 | November 7, 2018 ASSUMPTIONS The proposed scope of services and the associated fees are based on the following assumptions:  Pavement cores can be patched with Perma-patch materials. If hot-mix AC materials are required for patching of the cores, additional fees will apply.  Site access for our personnel and vehicles will be granted and the site can be accessed during weekdays (Monday through Friday) and the fieldwork is to be performed during a night shift (10:00 p.m. to 6:00 a.m.). Accordingly, overtime rates will apply to our field personnel and those costs have been incorporated into our presented fee.  The pavement cores can be performed under one mobilization during the same work shift.  The project is subject to Prevailing Wage Law under Determination Year 18-1D.  Upon awarding of the project, the client will provide in writing the DIR Project ID for the purposes of electronic certified payroll reporting (eCPR) and labor compliance.  City personnel will assist in expediting the contracting and permitting processes.  Any City permit fees associated with this project will be waived. SCHEDULE We are prepared to begin our services immediately upon receiving your written authorization to proceed. As noted earlier, we understand that the project is a priority to the City of Carlsbad and the project is to be placed on a fast track to provide results and recommendations in December 2018. Provided that contracting and permitting processes are expedited by the City, we anticipate performing the field work associated with this proposal during the week beginning November 26, 2018. If this proposal meets with your approval, please provide us with your contract documents. 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 Principal Engineer Kenneth H. Mansir, Jr., PE, GE Principal Engineer JTK/KHM/atf Distribution: (1) Addressee (via email) DocuSign Envelope ID: 8C5AC090-0944-4843-9C2E-362598E144AE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/20/2018 Dealey,Renton &AssociatesP.O.Box 12675Attn:Mandy GuoOaklandCA94604-2675 Doris A Chambers 510-465-3090 510-452-2193 dchambers@dealeyrenton.com Travelers Property Casualty Co of Ameri 25674 NINYOMOOR1 American Automobile Ins.Co.21849Ninyo&Moore Geotechnical &Environmental Sciences Consultants5710RuffinRoadSanDiegoCA92123 Evanston Insurance Company 35378 1318840371 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X OCP 1,000,000 2,000,000 X Y Y 6308986R247 10/3/2018 10/3/2019 2,000,000 A 1,000,000 X X X Y Y 8108986R247 10/3/2018 10/3/2019 A X X 9,000,000YCUP9J42852710/3/2018Y 10/3/2019 9,000,000 B X N Y SCW0021231801 5/1/2018 5/1/2019 1,000,000 1,000,000 1,000,000 C ProfessionalLiab.&Contractor'sPollutionLiab. Y MKLV7PL0003340 10/3/2018 4/3/2020 $5,000,000per Claim$5,000,000Anl Aggr REF:Master Agreement for Geotechnical Engineering Services.Agreement Name :Geo Tech -Agua Hedionda Creek -Coman Property.GENERALLIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Carlsbad,its officials,employees and volunteers.Commercial General Liability isprimaryandnon-contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,AutomobileLiabilityandWorkersCompensation.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non-Payment of Premium. 30 Day NOC/10 Day for NonPay of Prem City of Carlsbad/CMWDP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 COMMERC GENERAL L ABILIALIITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ARCHITECTS,ENGINEERS AND SURVEYORS SMINDUSTRY ENDORSEMENTEDGE This endorsement i ies insurance pro ided under t folmodfvhelowing: COMMERC GENERAL L ITY VERA AIALIABILCOGEPRT GENERAL DESCRI T O C COMMERC GENERAL L ABILIALIITY com i by any of your "e loyees"who is for "bod y in "tha a v ingmttedmpiljurytrisesoutofproid emp by you as a registered nurse,li-or fa l to pro ide inc edica ser-loyed i ing v "idental m l censed practical nurse,emergency medi v ces"or "Sa tan ser ices",xceptcaliGoodmarive technic an or para ,v ing or i ing for insurance purchased speci l by you toimedicinproidfalficaly to pro ide "idental medi ser i "or apply in e of the Li i of Insurancevinccalvcesxcessmts "Good Sa itan ser ices"to a person.mar v shown in the Declarat for this Co erageionsv Part.2.DE T ONSThefolisaddedtothelowingFINII Section:6.5.The fo lowing is added to Paragraph ofl SEC ON I COMMERC GENERAL L ABILIALIITY E.AIRCRAFT I PI TCHARTEREDWTHLO of the owner,caused by:f exp l t-ire; losion; igh ning; smoke resulting f m such f e o-ro ire,xplThefoisaddedtoElusion,llowing xc g.Aircraft,sion,or lightning; or water.The Damage ToAutoOrWatercraft2.SEC ION,oinParagraphf T Prem it wi ly to alisesRentedToYouLimllapplI COMMERC GENERAL L ABILIALIITY perfor by or on behalf o suchmedf2.1.d.The fo lowing replaces Paragraph ofl additiona insured; orlSUPPLETARYPAYMEN COMMERC GENERAL L ABILIALIITY 3.J.This Pro ision does not apply on any basis riod,whiche is ear .Any such newly ac-v ver lier to any person or organization for which co quired or for organiz ion that you reportv-med at erage as an additional insured specif l is in writing to us within 180 days after you ac-ica ly added by another endorsement to this Co r-quire or for the o ion l vevemrganizatwilbecored age Part.under this pro ision unti the end of the policyvl period,e i there are more than 180 daysvenfK.ADDITI INSURED COMMERC GENERAL L ABILIALIITY ance"by the m described inethod c.Suit SEC ION COMMERC GENERAL L ABILIALIITY (2)The total o al deductible andfl Insurance shown on the Declarations of self-amounts under that this Co Part.insured verage "other insurance".R.UNIN T OM ONTENIONALISSI W wi share the rema loss,ifellining 1.6.Rep-The fol is added to Paragraphlowingany,with any "other insurance"that is resentations SEC ION IV COMMERC GENERAL L ABILIALIITY son,including death resulting m any o "r ten contract requir insurance"means thatfroftheseatWiting any ti e.m part of any written contrac or written agreementt under which you are required to include a personU.AMENDED INSURED CON RACT DE I IONTFINT or organization as an additional insured on this 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. H.HIRED AUTO PHYSICAL DAMAGE LOSS OFA.BROAD FORM NAMED INSURED USE INCREASED LIMITB.BLANKET ADDITIONAL INSURED I.PHYSICAL DAMAGE TRANSPORTATIONC.EMPLOYEE HIRED AUTO EXPENSES INCREASED LIMIT D.EMPLOYEES AS INSURED J.PERSONAL PROPERTY E.SUPPLEMENTARY PAYMENTS INCREASED K.AIRBAGS LIMITS L.NOTICE AND KNOWLEDGE OF ACCIDENT OR F.HIRED AUTO LIMITED WORLDWIDE COV-LOSS ERAGE INDEMNITY BASIS M.BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE GLASS N.UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS this insurance applies and only to the extent thatA.BROAD FORM NAMED INSURED person or organization qualifies as an "insured"The following is added to Paragraph A.1.,Who Is under the Who Is An Insured provision containedAnInsured,of SECTION II COVERED AUTOS in Section II.LIABILITY COVERAGE: C.EMPLOYEE HIRED AUTOAnyorganizationyounewlyacquireorformdur- 1.The following is added to Paragraph A.1.,ing the policy period over which you maintain Who Is An Insured,of SECTION II COV-50%or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE:separately insured for Business Auto Coverage. An "employee"of yours is an "insured"whileCoverageunderthisprovisionisaffordedonlyun- operating an "auto"hired or rented under atilthe180thdayafteryouacquireorformtheor- contract or agreement in an "employee's"ganization or the end of the policy period,which-name,with your permission,while performingeverisearlier.duties related to the conduct of your busi-B.BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c.in A.1.,2.The following replaces Paragraph b.in B.5., Who Is An Insured,of SECTION II COVERED Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:AUTOS LIABILITY COVERAGE: b.For Hired Auto Physical Damage Cover-Any person or organization who is required under age,the following are deemed to be cov-a written contract or agreement between you and ered "autos"you own:that person or organization,that is signed and (1)Any covered "auto"you lease,hire,executed by you before the "bodily injury"or rent or borrow;and"property damage"occurs and that is in effect during the policy period,to be named as an addi-(2)Any covered "auto"hired or rented by tional insured is an "insured"for Covered Autos your "employee"under a contract in Liability Coverage,but only for damages to which 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. 8108986R247 COMMERCIAL AUTO permission,while performing duties (a)With respect to any claim made or "suit" related to the conduct of your busi-brought outside the United States of America,the territories and possessionsness. of the United States of America,PuertoHowever,any "auto"that is leased,hired,Rico and Canada:rented or borrowed with a driver is not a covered "auto".(i)You must arrange to defend the "in- sured"against,and investigate or set-D.EMPLOYEES AS INSURED tle any such claim or "suit"and keepThefollowingisaddedtoParagraphA.1.,Who Is us advised of all proceedings and ac-An Insured,of SECTION II COVERED AUTOS tions.LIABILITY COVERAGE:(ii)Neither you nor any other involvedAny"employee"of yours is an "insured"while us-"insured"will make any settlementingacovered"auto"you don't own,hire or borrow without our consent.in your business or your personal affairs.(iii)We may,at our discretion,participateE.SUPPLEMENTARY PAYMENTS INCREASED in defending the "insured"against,orLIMITSinthesettlementof,any claim or 1.The following replaces Paragraph A.2.a.(2),"suit". of SECTION II COVERED AUTOS LIABIL-(iv)We will reimburse the "insured"forITYCOVERAGE:sums that the "insured"legally must (2)Up to $3,000 for cost of bail bonds (in-pay as damages because of "bodily cluding bonds for related traffic law viola-injury"or "property damage"to which tions)required because of an "accident"this insurance applies,that the "in- we cover.We do not have to furnish sured"pays with our consent,but only up to the limit described in Para-these bonds. graph C.,Limits Of Insurance,of2.The following replaces Paragraph A.2.a.(4),SECTION II COVERED AUTOSofSECTIONIICOVEREDAUTOSLIABIL-LIABILITY COVERAGE.ITY COVERAGE: (v)We will reimburse the "insured"for(4)All reasonable expenses incurred by the the reasonable expenses incurred"insured"at our request,including actual with our consent for your investiga-loss of earnings up to $500 a day be-tion of such claims and your defensecauseoftimeofffromwork.of the "insured"against any suchF.HIRED AUTO LIMITED WORLDWIDE COV-"suit",but only up to and includedERAGEINDEMNITYBASISwithinthelimitdescribedinPara- The following replaces Subparagraph (5)in Para-graph C.,Limits Of Insurance,of graph B.7.,Policy Period,Coverage Territory,SECTION II COVERED AUTOS of SECTION IV BUSINESS AUTO CONDI-LIABILITY COVERAGE,and not in addition to such limit.Our duty toTIONS: make such payments ends when we(5)Anywhere in the world,except any country or have used up the applicable limit ofjurisdictionwhileanytradesanction,em-insurance in payments for damages,bargo,or similar regulation imposed by the settlements or defense expenses.United States of America applies to and pro- hibits the transaction of business with or (b)This insurance is excess over any valid within such country or jurisdiction,for Cov-and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary,excess, contingent or on any other basis."auto"that you lease,hire,rent or borrow without a driver for a period of 30 days or less (c)This insurance is not a substitute for re-and that is not an "auto"you lease,hire,rent quired or compulsory insurance in anyorborrowfromanyofyour"employees",country outside the United States,its ter-partners (if you are a partnership),members ritories and possessions,Puerto Rico and(if you are a limited liability company)or Canada.members of their households. 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. COMMERCIAL AUTO (2)In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law.Your failure to comply with No deductibles apply to this Personal Propertycompulsoryinsurancerequirementswillcoverage.not invalidate the coverage afforded by K.AIRBAGSthispolicy,but we will only be liable to the same extent we would have been liable The following is added to Paragraph B.3.,Exclu- had you complied with the compulsory in-sions,of SECTION III PHYSICAL DAMAGE surance requirements.COVERAGE: Exclusion 3.a.does not apply to "loss"to one or(d)It is understood that we are not an admit- more airbags in a covered "auto"you own that in-ted or authorized insurer outside the flate due to a cause other than a cause of "loss"United States of America,its territories set forth in Paragraphs A.1.b.and A.1.c.,butandpossessions,Puerto Rico and Can- only:ada.We assume no responsibility for the furnishing of certificates of insurance,or a.If that "auto"is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance.b.The airbags are not covered under any war- ranty;andG.WAIVER OF DEDUCTIBLE GLASS c.The airbags were not intentionally inflated.The following is added to Paragraph D.,Deducti- ble,of SECTION III PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE:one "loss". No deductible for a covered "auto"will apply to L.NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced.The following is added to Paragraph A.2.a.,of H.HIRED AUTO PHYSICAL DAMAGE LOSS OF SECTION IV BUSINESS AUTO CONDITIONS: USE INCREASED LIMIT Your duty to give us or our authorized representa- tive prompt notice of the "accident"or "loss"ap-The following replaces the last sentence of Para- plies only when the "accident"or "loss"is knowngraphA.4.b.,Loss Of Use Expenses,of SEC- to:TION III PHYSICAL DAMAGE COVERAGE: (a)You (if you are an individual);However,the most we will pay for any expenses for loss of use is $65 per day,to a maximum of (b)A partner (if you are a partnership); $750 for any one "accident".(c)A member (if you are a limited liability com- I.PHYSICAL DAMAGE TRANSPORTATION pany); EXPENSES INCREASED LIMIT (d)An executive officer,director or insurance manager (if you are a corporation or other or-The following replaces the first sentence in Para- ganization);orgraphA.4.a.,Transportation Expenses,of SECTION III PHYSICAL DAMAGE COVER-(e)Any "employee"authorized by you to give no- AGE:tice of the "accident"or "loss". We will pay up to $50 per day to a maximum of M.BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in-The following replaces Paragraph A.5.,Transfercurredbyyoubecauseofthetotaltheftofacov-Of Rights Of Recovery Against Others To Us,ered "auto"of the private passenger type.of SECTION IV BUSINESS AUTO CONDI- TIONS:J.PERSONAL PROPERTY 5.Transfer Of Rights Of Recovery AgainstThefollowingisaddedtoParagraphA.4.,Cover- Others To UsageExtensions,of SECTION III PHYSICAL DAMAGE COVERAGE:We waive any right of recovery we may have against any person or organization to the ex-Personal Property tent required of you by a written contract We will pay up to $400 for "loss"to wearing ap-signed and executed prior to any "accident" parel and other personal property which is:or "loss",provided that the "accident"or "loss" arises out of operations contemplated by(1)Owned by an "insured";and 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 The unintentional omission of,or unintentional person or organization designated in such error in,any information given by you shall not contract.prejudice your rights under this insurance.How- N.UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- lect additional premium or exercise our right ofThefollowingisaddedtoParagraphB.2.,Con- cancellation or non-renewal.cealment,Misrepresentation,Or Fraud,of SECTION IV BUSINESS AUTO CONDITIONS: 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. É±®µ»®ùÝ±³°»²¿¬·±²¿²¼Û³°´±§»®ùÔ·¿¾·´·¬§×²«®¿²½»Ð±´·½§ É¿·ª»®±ºÑ«®Î·¹¸¬¬±Î»½±ª»®Ú®±³Ñ¬¸»®Û²¼±®»³»²¬óÝ¿´·º±®²·¿ ÉÝðìðíðê ×º¬¸»º±´´±·²¹·²º±®³¿¬·±²·²±¬½±³°´»¬»®»º»®¬±¬¸»¿°°®±°®·¿¬»½¸»¼«´»¿¬¬¿½¸»¼¬±¬¸»°±´·½§ ×²«®»¼Ð±´·½§Ò«³¾»® Ð®±¼«½»®Ûºº»½¬·ª»Ü¿¬» ½¸»¼«´» Ð»®±²±®Ñ®¹¿²·¿¬·±²±¾»½®·°¬·±² ¼¼·¬·±²¿´Ð®»³·«³ É»¸¿ª»¬¸»®·¹¸¬¬±®»½±ª»®±«®°¿§³»²¬º®±³ ¿²§ó ±²»´·¿¾´»º±®¿²·²¶«®§½±ª»®»¼¾§¬¸·°±´·½§òÉ»©·´´ ²±¬»²º±®½»±«®®·¹¸¬¿¹¿·²¬¬¸»°»®±²±®±®¹¿²·¦¿¬·±² ²¿³»¼·²¬¸»Í½¸»¼«´»ò øÌ¸·¿¹®»»³»²¬¿°°´·»±²´§ ¬±¬¸»»¨¬»²¬¬¸¿¬§±«°»®º±®³ ©±®µ«²¼»®¿©®·¬¬»² ½±²¬®¿½¬¬¸¿¬®»¯«·®»§±«¬± ±¾¬¿·² ¬¸·¿¹®»»³»²¬ º®±³ «ò÷ Ç±« ³«¬³¿·²¬¿·² °¿§®±´´®»½±®¼¿½½«®¿¬»´§ »¹®»ó ¹¿¬·²¹¬¸»®»³«²»®¿¬·±² ±º§±«®»³°´±§»»©¸·´»»²ó ¹¿¹»¼·²¬¸»©±®µ¼»½®·¾»¼·²¬¸»Í½¸»¼«´»ò Ì¸»¿¼¼·¬·±²¿´°®»³·«³ º±®¬¸·»²¼±®»³»²¬¸¿´´¾» ¬¸»°»®½»²¬¿¹»ô¿¸±©²·²¬¸»Í½¸»¼«´»¿°°´·½¿¾´»¬± ¬¸·»²¼±®»³»²¬ô±º¬¸»Ý¿´·º±®²·¿©±®µ»®ù½±³°»²ó ¿¬·±²°®»³·«³ ±¬¸»®©·»¼«»±²«½¸®»³«²»®¿¬·±²ò   Ú·®»³¿²ùÚ«²¼×²«®¿²½»Ý±³°¿²·»  ÉÝðìðíðêìóèì ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRED YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS SCW0021231801Ninyo&Moore Geotechnical & 05/01/2018Dealey,Renton &Associates