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HomeMy WebLinkAboutFehr and Peers; 2018-11-28; PSA19-592CAPSA19-592CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6003 This fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between FEHR & PEERS, ("Contractor") a California corporation, and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Citywide MMLOS Monitoring and Updates 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 October 22, 2020, (“proposal”), attached as Appendix "A" for the Citywide MMLOS Monitoring and Updates, (the “Project"). The Project services shall include Stakeholder outreach, MMLOS methodology/tool updates, updates to previously collected segments, data collection and analysis, documentation, review of case studies/state of practice. 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 within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eighty two (182) 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 byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined 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 $86,475. DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC November 10, 2020 PSA19-592CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT STAKEHOLDER OUTREACH, MMLOS METHODOLOGY/TOOL UPDATES, UPDATES TO PREVIOUSLY COLLECTED SEGMENTS, DATA COLLECTION AND ANALYSIS, DOCUMENTATION, REVIEW OF CASE STUDIES/STATE OF THE PRACTICE TASK GROUP TIME & MATERIALS Stakeholder Outreach $8,680 MMLOS Methodology/Tool Updates $10,330 Updates to Previously Collected Segments $6,400 Data Collection and Analysis for Remaining Segments $47,055 Documentation $10,380 Review of Case Studies / State of the Practice $3,630 TOTAL (Not-to-Exceed) $86,475 CONTRACTOR FEHR & PEERS FEHR & PEERS (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Christopher Mitchell, President, CEO Marion Donnelly, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC November 10, 2020 Task Description: Citywide MMLOS Monitoring and Tool Updates (October 22, 2020) Scope of Work The purpose of this task description is to gather stakeholder feedback on the multi-modal level of service (MMLOS) tool, update the tool accordingly, and apply the updated tool to City streets as part of on-going monitoring activities. This task description includes completion of the MMLOS monitoring efforts that began in late 2019 for the following roadway typologies: •Arterial Connector Streets •Neighborhood Connector Streets •Employment/Transit Connector Streets •Streets within ½ Mile of a Transit Center •Freeways (Transit Only) •Arterials (Transit Only) •Industrial Streets (Transit Only) The following typologies that were monitored in late 2019 will be revisited as necessary to ensure consistency with tool updates: •Identity Streets •Village Streets •Coastal Streets •School Streets The proposed work tasks for this effort include: Task 1: Stakeholder Outreach The subtasks included in Task 1 include meeting support for stakeholder outreach meetings at which participants will review the current MMLOS tool and provide suggestions for interface or methodology updates. Task 1.1: Technical Working Group Meetings This subtask includes the preparation for and attendance of two (2) Fehr & Peers team members at up to two (2) Technical Working Group (TWG) Meetings. The TWG Meetings are expected to be comprised of City of Carlsbad staff members from Community Development, Streets & Traffic, and Parks & Recreation departments and other members designated by City staff. Fehr & Peers will attend the meeting and document discussions and action items and provide those to the City following the meetings. Task 1.2: Traffic and Mobility Commission Meeting This subtask includes the preparation for and attendance of two (2) Fehr & Peers team members at one (1)Traffic and Mobility Commission Meeting. A Fehr & Peers team member will be available to present at these meetings as necessary. Meeting notes and follow up action items will be provided to the Cityfollowing the meeting. PSA19-592CA - Appendix "A" DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC Task 1.3: City Council Meeting This subtask includes the preparation for and attendance of two (2) Fehr & Peers team members at one (1) Council Meeting. A Fehr & Peers team member will be available to present at this meeting asnecessary. Meeting notes will be provided to the City following the meetings. Task 2: MMLOS Methodology/Tool Updates This task includes updates to the MMLOS methodology and tool interface as a result of the recommendations from stakeholders gathered during Task 1. Fehr & Peers will work with the City to determine the desired changes to the methodology and tool that will address stakeholder feedback and will update the tool accordingly. All elements of the tool may be updated including the Page Zero tab and Glossary tab as necessary. Fehr & Peers will also QA/QC the tool to ensure that the updated tool is functioning properly. This task includes three (3) City reviews of the updated tool and associated additional updates. This task also includes up to two (2) in-person or conference call meetings with City staff to determine the desired updates to the tool. Task 3: Updates to Previously Collected Segments This task includes MMLOS monitoring for streets that have not yet been monitored as a part of the monitoring effort that occurred in late 2019 and updates to those streets that were monitored in late 2019 as necessary to ensure consistency with the updated MMLOS tool. Task 3.1: Reanalyze Previously Monitored Streets This subtask includes the update of MMLOS Tool inputs with previously collected data for those streets that were monitored in 2019. The street typologies that were collected in 2019 are as follows: •Identity Streets •Village Streets •Coastal Streets •School Streets This subtask assumes that the updates to the MMLOS tool will only include changes to the way that points are calculated and not to the input data needed to apply the tool to each segment. Therefore, no new data collection will be completed for these segments and each segment’s information will only need to be transferred to the updated tool to calculate an updated score and letter grade. If additional data will need to be collected, Optional Task 1 includes the collection for additional data for these segments. This task does not include additional summary of updated results. A summary of updated results for these segments will be provided in conjunction with the data collection and analysis of all streets segments as a part of Task 5. Task 4: Data Collection and Analysis for Remaining Segments This task includes data collection and MMLOS analysis for all street segments that have not been analyzed as of March 1, 2020. The remaining street segments listed by street typology are as follows: •Arterial Connector Streets (11.5 miles) •Neighborhood Connector Streets (29.1 miles) •Employment/Transit Connector Streets (7.7 miles) •Streets within ½ Mile of a Transit Center (approximately 4 miles) •Freeways (Transit Only) (14.4 miles) – need to discuss applicability •Arterials (Transit Only) (33.3 miles) PSA19-592CA - Appendix "A" DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC •Industrial Streets (Transit Only) (17.7 miles) o Total of 48.3 miles of full data collection and 69.4 of transit only data collection Task 4.1: Identify Roadway Analysis Segments This task will include the determination of roadway segments to be monitored. All roadways will be divided into segments between 0.5 miles and 0.75 miles in length. Segment extents will be reviewed by City staff. Task 4.2: Establish Data Inventory The data attributes required for application of the MMLOS methodology will be collected both through desktop review (Google Maps StreetView) and in-person field visits. It is expected that primary data collection will occur through desktop review with in-person field visits serving as the verification method. Bicycle and pedestrian MMLOS will be analyzed for the streets listed above. Data associated with these modes will be collected. Necessary ADT counts will be collected by the City of Carlsbad, and the Fehr & Peers teams will work with City staff to estimate ADT counts on segments where new counts are not obtained by the City. Transit MMLOS will also be analyzed for the street typologies listed above. As transit information is gathered at the project level, Fehr & Peers will discuss the proposed approach with City staff prior to beginning data collection and analysis for this mode. For each data attribute the most conservative data will be logged for each segment. For example, if a roadway segment has an 8-foot wide sidewalk for half of the segment and a 5-foot wide sidewalk for the remainder, the 5-foot sidewalk will be recorded as the maximum unobstructed sidewalk width and a note will be recorded that identifies the presence of an 8-foot sidewalk along the segment. This approach will identify potential deficiencies in the roadway network and will provide the City with information to determine where to allocate resources for future improvements. Task 4.3: Conduct MMLOS Analysis for All Collected Segments Fehr & Peers will conduct MMLOS analysis for all new study segments with collected data and will prepare a GIS data layer that depicts the final bicycle, pedestrian, and transit MMLOS as appropriate for each segment. Additionally, Fehr & Peers will prepare a list of segments that have deficient (LOS E or F) MMLOS scores/grades for bicycle, pedestrian, and transit modes. PDF maps will be prepared for bicycle, pedestrian, and transit modes. Task 4.4: Meetings with Staff to Review Data Results Fehr & Peers will meet with City staff at up to two (2) meetings to review data results. Prior to the meeting, the resulting maps and list of deficient segments from Task 4.4 will be disseminated to City staff for review. The primary purpose of these meetings will be to identify segments that should be reviewed due to the local knowledge of the City. Ideally, the review would occur prior to the meetings, and Fehr & Peers would explain the results or show the segment changes at these meetings. Task 5: Documentation This task includes documentation of the MMLOS methodology and data collection/monitoring results. PSA19-592CA - Appendix "A" DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC Task 5.1: MMLOS Methodology Technical Memorandum This task includes the drafting of a MMLOS Methodology Technical Memorandum which will review the updated methodology and summarize the changes and the intent and basis of the updates. Task 5.2: Prepare Report to Summarize MMLOS and Data Collection Findings Fehr & Peers will prepare a report summarizing the data collection findings and MMLOS results. The report will maximize use of text, graphics and tables from the October 2019 report and will include the following sections: •Summary of the updated MMLOS Tool •Data Collection Methodology •List of Deficient Segments and Map of All Segment Scores/Grades Task 5.3: FY2020-21 MMLOS Monitoring Report Fehr & Peers will work with the City to provide any additional necessary MMLOS information and tables not otherwise provided in Task 5 for inclusion in the FY2020-21 MMLOS Monitoring Report. Task 6: Review of Case Studies / State of the Practice Fehr & Peers will update the Multi-modal Level of Service (MMLOS) Methodology White Paper, prepared in December 2019, to include new information from the agencies included in the white paper (the City of Aspen, the City of Boulder, and the County of Montgomery, VA). Additionally, case studies of up to three additional jurisdictions within California and/or other states that utilize MMLOS or a similar evaluation methodology to evaluation vehicular, pedestrian, bicycle, or transit facilities will be added. Comments from one city staff review will be incorporated to finalize the report. Optional Task 1: Additional Data Collection of Previously Monitored Streets In the case that the updates to the MMLOS methodology and tool necessitate the collection of additional data points this task includes the collection of up to five (5) additional data points for previously collected segments. The previously collected segments cover 29.5 miles of roadways. This task will not include re-segmentation of existing segments or recollection of previously collected data. This optional task will occur in conjunction with Task 3.1. Proposed Schedule The proposed Scope of Work is expected to be completed within six months of award. This schedule may need to be adjusted depending on the status of non-essential travel orders and other restrictions resulting from the current COVID-19 outbreak. Proposed Budget We estimate the cost to complete the items listed above is $86,475 and is shown by task below: PSA19-592CA - Appendix "A" DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC Task 1: Stakeholder Outreach Task 1.1: Technical Working Group Meetings $4,340 Task 1.2: Traffic and Mobility Commission Meeting $2,170 Task 1.3: City Council Meeting $2,170 Task 2: MMLOS Methodology/Tool Updates $10,330 Task 3: Updates to Previously Collected Segments Task 3.1: Reanalyze Previously Monitored Streets $6,400 Task 4: Data Collection and Analysis for Remaining Segments Task 4.1: Segment Roadways $3,560 Task 4.2: Establish Data Inventory $20,375 Task 4.3: Conduct MMLOS Analysis for All Collected Segments $20,050 Task 4.4: Meeting with Staff to Review Data Results $3,070 Task 5: Documentation Task 5.1: MMLOS Methodology Technical Memorandum $4,370 Task 5.2: Prepare Report to Summarize MMLOS and Data Collection Findings $4,370 Task 5.4: FY2020-21 MMLOS Monitoring Report $1,640 Task 6: Review of Case Studies / State of the Practice $3,630 TOTAL $86,475 We estimate the cost of Optional Task 1 to be $6,745 which will include additional data collection of streets monitored in 2019. PSA19-592CA - Appendix "A" DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC PSA19-592CA - Task No. 4 DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC PSA19-592CA - Task No. 4 DocuSign Envelope ID: 8D9E5163-DED2-4F62-90A8-9CBA42E9DAAC ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/3/2020 License # 0E67768 (925) 660-3514 50008 (925) 416-7869 13056 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 27120 19917 A 2,000,000 PSB0006683 12/6/2019 12/6/2020 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000A PSA0002276 12/6/2019 12/6/2020 5,000,000A PSE0002889 12/6/2019 12/6/2020 5,000,000 B 57WEGZJ1989 5/1/2020 5/1/2021 1,000,000 1,000,000 1,000,000 C Professional Liab.AEXNYABEFJ2004 12/6/2019 Per Claim 5,000,000 C Professional Liab.AEXNYABEFJ2004 12/6/2019 12/6/2020 Aggregate 5,000,000 RE: MMLOS Tool Calibration - Agreement Number : TRAN1643 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. 30-Day Notice of Cancellation is included per policy provisions. GENERAL LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Carlsbad, as required per written contract City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 FEHR&PE-01 MICHAELA IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Gigi Yuen Gigi.Yuen@ioausa.com RLI Insurance Company Trumbull Insurance Company Liberty Insurance Underwriters, Inc X 12/6/2020 X X X X X X X Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSB0006683 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include asan additional insured any person or organization thatyou agree in a contract or agreement requiringinsurance to include as an additional insured on thispolicy, but only with respect to liability for "bodilyinjury", "property damage" or "personal andadvertising injury" caused in whole or in part by youor those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rentedto you; or c.In connection with “your work” and includedwithin the “product-completed operationshazard”. 2.The insurance provided to the additional insured bythis endorsement is limited as follows: a.This insurance does not apply on any basis toany person or organization for which coverageas an additional insured specifically is added byanother endorsement to this policy. b.This insurance does not apply to the renderingof or failure to render any "professionalservices". c.This endorsement does not increase any of thelimits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract oragreement that the insurance provided to an additional insured under this policy must apply on aprimary basis, or a primary and non-contributorybasis, this insurance is primary to other insurancethat is available to such additional insured whichcovers such additional insured as a named insured, and we will not share with that other insurance,provided that: a.The "bodily injury" or "property damage" forwhich coverage is sought occurs after you haveentered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offensecommitted after you have entered into thatcontract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may haveagainst any person or organization because of payments we make for "bodily injury", "propertydamage" or "personal and advertising injury" arising out of "your work" performed by you, or on yourbehalf, under a contract or agreement with thatperson or organization. We waive these rights onlywhere you have agreed to do so as part of a contract or agreement with such person ororganization entered into by you before the "bodily injury" or "property damage" occurs, or the "personaland advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include asan additional insured anyperson or organization thatyp gyou agreeinacontractoragreement requiringygg qginsurancetoinclude as an additionalinsured onthispolicy, but only with respect to liability for "bodilypyinjury",y"property pdamage"or y"personal yandjy pp y g padvertising injury" caused in whole or in part by youor those acting on your behalf:gjy However, if you specifically agree in a contract oryp ygagreement that the insurance provided to an additional insured under this policy must apply on aprimary basis, or a primary and non-contributory py ppypy py ybasis, this insurance is primary to other insurancepythatisavailabletosuchadditionalinsuredwhichcovers such additional insured as a named insured,and we will not share with that other insurance,provided that: Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSA0002276 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSE0002889 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:03/16/20 Policy Expiration Date:05/01/21 © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:57 WEG ZJ1989 Endorsement Number:Effective Date:05/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days inadvanceofthecancellationeffectivedatetothe certificate holder(s) with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Anynotificationrightsprovidedbythisendorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:03/16/20 Policy Expiration Date:05/01/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:57 WEG ZJ1989 Endorsement Number: Effective Date:05/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 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 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us PSA19-592CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6003 This third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between FEHR & PEERS, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Transportation Planning 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 16, 2019, (“proposal”), attached as Appendix "A" for the College Boulevard Extension Assessment, (the “Project"). The Project services shall include collect existing conditions data, conduct operational analysis, evaluate roadway extension, and prepare report. 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 eighty (80) working days thereafter. Workingdays are defined in section 6-7.2 “Working Day” of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the MasterAgreement, 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 byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined 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 $25,080. DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE September 17, 2019 PSA19-592CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT CONDUCT CORRIDOR STUDY FOR COLLEGE BLVD EXTENSION TASK GROUP TIME & MATERIALS Initiate Project $1,390 Collect Existing Multimodal Data $3,720 Evaluate Existing Traffic Conditions $2,020 Evaluate Change in Operations with Extension $2,020 Identify Access Intersection Locations $1,650 Prepare Study Documentation $9,290 Meetings and Conference Calls $4,990 TOTAL (Not-to-Exceed) $25,080 CONTRACTOR FEHR & PEERS, a California corporation FEHR & PEERS, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Matthew J. Henry / President, CEO Marion Donnelly / CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE September 17, 2019 Appendix “A” PSA19-592CA – Task No. 3 3 Task Description: College Boulevard Extension - Existing Conditions Assessment August 16, 2019 Project Understanding The proposed extension of College Boulevard in the City of Carlsbad from Cannon Road south to El Camino Real is included as an arterial street gap closure project in the City’s General Plan Mobility Element (see Table 3-2 – Planned City of Carlsbad Street Capacity Improvements). This future connection will help to distribute existing and future traffic volumes using the College Boulevard corridor both within the City of Carlsbad, as well as trips traveling to and from the north (i.e., to/from the City of Oceanside and the SR 78 Freeway Corridor). The extension is planned as a four-lane arterial street that will connect to a short existing segment already constructed east of El Camino Real. The City is planning to undertake a comprehensive study of the College Boulevard Extension including developing updated future year forecasts and appropriate mobility studies and environmental documentation. In the interim, City staff would like to establish a preliminary set of baseline conditions and identify potential near-term (existing conditions) multimodal issues/opportunities with completing the extension as a two-lane roadway. The proposed work tasks to complete this existing condition assessment are listed below. Scope of Work Task 1. Initiate Project Fehr & Peers will attend a kickoff meeting with City staff to review the scope of work and the design details of the planned extension. We will document the key discussion points and action items from this meeting. Task 2. Collect Existing Multimodal Data Fehr & Peers will collect morning (7 a.m. to 9 a.m.) and afternoon (4 p.m. to 6 p.m.) peak period intersection turning movement counts at the following locations which are expected to be directly affected by the planned extension: a.College Boulevard/Cannon Road b.El Camino Real/Cannon Road c.El Camino Real/Jackspar Drive-Rancho Carlsbad Drive d.El Camino Real/College Boulevard Bicycle and pedestrian volume counts by crossing leg will also be obtained at all locations during the vehicular counts. All turning movement counts will be conducted on a Tuesday or Thursday to avoid the late start of Sage Creek High School that occurs one or two Wednesdays per month. Signal timing data for each intersection will be obtained from the City and field verified. Observations will be conducted to note any operational issues or potential safety concerns, and to obtain data needed for the intersection analysis (e.g., lane configurations, traffic control devices, existing vehicle queue lengths, transit stop locations, etc.). We will also collect 48-hour average daily traffic counts at the following locations which are expected to be directly affected by the planned extension: a.College Boulevard north of Cannon Road DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE Appendix “A” PSA19-592CA – Task No. 3 4 b.Cannon Road b/t El Camino Real and Wind Trail Way c.Cannon Road b/t El Camino Real and Frost Avenue d.El Camino Real b/t Cannon Road and Jackspar Drive-Rancho Carlsbad Drive e.El Camino Real b/t Cannon Road and College Boulevard f.Jackspar Drive b/t Camino Hills Drive and Longfellow Road g.College Boulevard b/t El Camino Real and Salk Avenue Although some 2018 counts are already available for some of the study roadway segments, we recommend conducting new counts at all locations to provide a consistent and up-to-date dataset. Fehr & Peers will also coordinate with City staff to understand plans for local street connections that are expected to be made with the planned extension. Task 3. Evaluate Existing Conditions Operations of the existing study intersections will be analyzed during the A.M. and P.M. peak hours using SYNCHRO 10 software, which uses methodologies based on the Highway Capacity Manual 6th Edition (Transportation Research Board). Calculated results will be compared to field observations and any discrepancies will be noted. In addition, peak hour directional roadway segment volumes will be compared to the City’s service volume level thresholds and the corresponding segment operating levels will be calculated. Any operational issues identified during the field observations (e.g., excessive queuing) or potential safety issues (e.g., failure to yield to pedestrians) will be documented as part of this task. Task 4. Evaluate Change in Operations with Extension With completion of the proposed extension, traffic patterns and movements at the study intersections will change with increased network capacity and modified access. Based on existing turning movement volumes, we will manually re-assign existing traffic assuming a two-lane College Boulevard extension. These volumes will be used to re-calculate the intersection and segment LOS with the extension in place. Single-lane turning movements will be assumed for any new movements unless traffic volumes based on operations dictate otherwise. The results of the traffic analysis will be summarized, and the recommended signal phasing and timing at each location will be identified. In addition, we will make recommendations for bicycle, pedestrian, and transit facilities based on the expected phasing of expanding the extension from two to four lanes. Task 5. Identify Access Intersection Locations The alignment of the planned extension is located adjacent to currently undeveloped land areas, as well as crosses the access to some existing uses (e.g., the driveway serving a recreational vehicle/trailer storage lot). Existing access will need to be addressed, and developers of future land uses will likely request access to the new extension. Full access intersection spacing varies from 1,200 to 1,500 feet on the existing sections of College Boulevard north and south of the planned extension. Based on these parameters, we will work with City staff to identify how existing uses can maintain access and where potential future intersections can be located. A schematic map on an aerial will be prepared showing the approximate extension alignment and the potential location of future intersection locations. DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE Appendix “A” PSA19-592CA – Task No. 3 5 Task 6. Prepare Study Documentation The results of Tasks 1 through 4 will be documented in an administrative draft report including appropriate text, graphics and tables and submitted to the project team for review. Based on receipt of a consolidated set of editorial comments, we will revise the report and create a draft document suitable for review for a larger audience. This assumes a total of four (4) staff hours to prepare the draft report. We will expend up to four (4) staff hours to prepare a final report based on a consolidated set of comments on the draft report. Any substantive changes to the technical analysis may need to be conducted as an additional service. Task 7. Meetings and Conference Calls During the course of the study, we will attend up to two additional in-person meetings (besides the kickoff meeting) and participate in up to three (3) hours of conference calls. Cost Estimate Budget Task 1. Initiate Project $ 1,390 Task 2. Collect Existing Multimodal Data $ 3,720 Task 3. Evaluate Existing Traffic Conditions $ 2,020 Task 4. Evaluate Change in Operations with Extension $ 2,020 Task 5. Identify Access Intersection Locations $ 1,650 Task 6. Prepare Study Documentation $ 9,290 Task 7. Meetings and Conference Calls $ 4,990 Total $25,080 Schedule Fehr & Peers will submit the administrative draft report within four weeks of notice to proceed, completion of the kickoff meeting, and receipt of all traffic data. The draft and final reports will be completed and submitted within two weeks of receipt of all editorial and minor technical comments on each document. DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE PSA19-592CA - Task No. 3 DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE PSA19-592CA - Task No. 3 DocuSign Envelope ID: 182C9274-958D-40F0-B768-AF3FD7BFFFFE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD JACKSONNA Naomi Jackson 04/05/2019 FEHR&PE-01 A PSE0002889 A PSA0002276 B 57WEGZJ1989 A PSB0006683 C AEXNYABEFJ2003 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 10,000 1,000,000 1,000,000 1,000,000 X X X X X X X X C AEXNYABEFJ2003 License # 0E67768 12/06/2018 12/06/2019 12/06/2018 12/06/2019 12/06/2018 12/06/2019 05/01/2019 05/01/2020 12/06/2018 12/06/2019 12/06/2018 12/06/2019 RE: MMLOS Tool Calibration - Agreement Number : TRAN1643 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. 30-Day Notice of Cancellation is included per policy provisions. GENERAL LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Carlsbad, as required per written contract IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 (925) 660-3998 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 RLI Insurance Company Hartford Casualty Insurance Company Liberty Insurance Underwriters, Inc 13056 29424 19917 Naomi.Jackson@ioausa.com X Per Claim Aggregate 3,000,000 3,000,000 Professional Liab. Professional Liab. Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with “your work” and included within the “product-completed operations hazard”. 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include as an additional insured anyperson or organization thatyp g you agreeinacontractoragreement requiringyg g qg insurance to include as an additionalinsured onthis policy, but only with respect to liability for "bodilypy injury", y "property p damage"or y "personal y andjy pp y g p advertising injury" caused in whole or in part by you or those acting on your behalf: gjy However, if you specifically agree in a contract oryp yg agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory py ppy py py y basis, this insurance is primary to other insurancepy thatisavailable tosuch additionalinsured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSB0006683 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSA0002276 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSE0002889 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 57 WEG ZJ1989 05/01/17 FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 Policy Number: Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 04/21/17 05/01/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date: Policy Expiration Date: © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. PSA19-592CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 6003 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between FEHR & PEERS, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Transportation Planning 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 10, 2019, (“proposal”), attached as Appendix "A" for the Citywide Multimodal Level of Service (MMLOS) Evaluation – Initial Street Segments Monitoring for the Growth Management Plan (GMP), (the “Project"). The Project services shall include collecting field data and prepare MMLOS results for the GMP Annual Monitoring Report. 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 eighty (80) 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 $29,575. DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA May 10, 2019 PSA19-592CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT Citywide MMLOS Evaluation – Initial Street Segments Monitoring for the Growth Management Plan (GMP) TASK GROUP TIME & MATERIALS Assess existing conditions $1,100 Create a Webmap to host data $4,200 Establish data inventory $13,275 Conduct MMLOS analysis $4,200 Review results $1,100 Prepare report $3,700 Update City's Asset Map $2,000 TOTAL (Not-to-Exceed) $29,575 CONTRACTOR FEHR & PEERS, a California corporation FEHR & PEERS, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Matthew J. Henry / President, CEO Marion Donnelly, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA May 10, 2019 Task Description: Citywide MMLOS Evaluation - Initial Street Segments (April 10, 2019) Scope of Work The purpose of this task is to collect existing conditions data and evaluate the multi-modal level of service (MMLOS) for City of Carlsbad streets using the City’s tool. Fehr & Peers initially developed the tool using data from specific locations across the City to help validate the MMLOS process. The City now desires to establish the transit, bicycle and pedestrian MMLOS on all applicable street segments as part of the overall Citywide monitoring effort. The proposed tasks for this effort include: Task 1: Meeting with Staff to Refine Work Scope and Identify Existing Data Sources Fehr & Peers will meet with City of Carlsbad staff to assess existing data sources and review the proposed scope of work. Prior to the meeting, Fehr & Peers will prepare a list of data needs and provide it to the City’s project manager to assess existing data is availability. One potential source of new information is the City’s Sustainable Mobility Plan that we will review depending on its status and content. Task 2: Create a Webmap or Desktop Map to Host Data Fehr & Peers will prepare an ArcGIS webmap or desktop map to host the data collected during the subsequent tasks. The map will be packaged and shared with City of Carlsbad GIS staff at the end of the data collection effort or up to two times during the data collection process. The proposed data attributes to be collected will be reviewed once by City of Carlsbad staff before data collection begins. Changes to the attributes to be collected may be necessary during data collection. These changes will be implemented by Fehr & Peers and will be clearly explained when the data is transferred to City staff. This task will also include the determination of preliminary study segments. All roadways will be divided into segments between 0.5 miles and .75 miles in length. Segment extents will also be reviewed by City of Carlsbad staff. Task 3: Establish Data Inventory The data attributes identified in Task 1 will be collected both through desktop review (Google Maps StreetView) and in-person field visits. It is expected that primary data collection will occur through desktop review with in-person field visits serving as data/attribute verification and confirmation. In the first year of data collection (April 2019 – October 2019), the data associated with the following street typologies will be collected: •Identity Streets (2.2 miles of data) •Village Streets (9.5 miles of data) •Coastal Streets (5.0 miles of data) •School Streets (12.8 miles of data) o Total of 29.5 Miles All street typologies above require bicycle and pedestrian MMLOS to be analyzed and data associated with these modes will be collected. Transit MMLOS is only required for streets within ½-mile of a transit center and applicable data will be obtained in such situations. Additionally, ADT counts will be obtained as PSA19-592CA - Task No. 2 Appendix "A" DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA necessary. Other street typologies requiring active and transit mode MMLOS calculations will be surveyed as part of a separate task description. For each data attribute the most conservative data will be logged for each segment. For example, if a roadway segment has an 8-foot wide sidewalk for half of the segment and a 5-foot wide sidewalk for the remainder, the 5-foot sidewalk will be recorded as the maximum unobstructed sidewalk width and a note will be recorded that identifies the presence of an 8-foot sidewalk along the segment. This approach will identify potential deficiencies in the roadway network and will provide the City with information to determine where to allocate resources for future improvements. Initially, we will select 10 test segments where the data collection methodology will be applied, including at least one segment for each of the typologies listed above. This validation will include a desktop review of the 10 segments, followed by field visits as necessary. Following the validation exercise, the results will be reviewed with City of Carlsbad staff, and the data collection cost/mile and study segment lengths will be revised as needed to ensure that adequate budget is provided. Task 4: Conduct MMLOS Analysis for All Collected Segments Fehr & Peers will conduct MMLOS Analysis for all segments with collected data and will prepare a data layer that depicts the final bicycle, pedestrian, and transit MMLOS as appropriate for each segment. Task 5: Meeting with Staff to Review Data Results Fehr & Peers will meet with City of Carlsbad staff to review data results. Prior to the meeting, the resulting map from Task 4 will be disseminated to City staff for review. The primary purpose of the meeting will be to identify segments that should be reviewed due to the local knowledge of the City. Ideally, the review would occur prior to the meeting, and Fehr & Peers would explain the results or show the segment changes at the meeting. Task 6: Prepare Report to Summarize MMLOS and Data Collection Findings Fehr & Peers will prepare a detailed report to summarize the data collection findings and MMLOS results. The report will include the following sections: •Summary of MMLOS Tool •Data Collection Methodology •Data Collection Results and Map Task 7: Interaction with the City GIS Staff to Update Asset Map Fehr & Peers will work with the City of Carlsbad GIS staff to provide the full data set from the tasks above to the GIS staff in a form that staff can use to update the City’s asset map. Interaction will include monthly conference calls (up to one-hour in length) with City staff to provide project status updates and to provide support during the estimated seven-month duration of the project. Proposed Budget We estimate the cost to complete the items listed above is $29,575 and is shown by task below: PSA19-592CA - Task No. 2 Appendix "A" DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA Task 1: Meeting with Staff to Assess Existing Data $1,100 Task 2: Create a Webmap or Desktop Map to Host Data $4,200 Task 3: Establish Data Inventory ($250/mile plus the cost of ADT counts) $13,275 Task 4: Conduct MMLOS Analysis for All Collected Segments $4,200 Task 5: Meeting with Staff to Review Data Results $1,100 Task 6: Prepare Report to Summarize MMLOS and Data Collection Findings $3,700 Task 7: Interaction with GIS Staff to Update City’s Asset Map $2,000 TOTAL $29,575 PSA19-592CA - Task No. 2 Appendix "A" DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA PSA19-592CA Task No. 2 DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA PSA19-592CA Task No. 2 DocuSign Envelope ID: 9436D973-E3A9-4696-BAFF-0267AA96B2CA ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD JACKSONNA Naomi Jackson 04/05/2019 FEHR&PE-01 A PSE0002889 A PSA0002276 B 57WEGZJ1989 A PSB0006683 C AEXNYABEFJ2003 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 10,000 1,000,000 1,000,000 1,000,000 X X X X X X X X C AEXNYABEFJ2003 License # 0E67768 12/06/2018 12/06/2019 12/06/2018 12/06/2019 12/06/2018 12/06/2019 05/01/2019 05/01/2020 12/06/2018 12/06/2019 12/06/2018 12/06/2019 RE: MMLOS Tool Calibration - Agreement Number : TRAN1643 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. 30-Day Notice of Cancellation is included per policy provisions. GENERAL LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Carlsbad, as required per written contract IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 (925) 660-3998 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 RLI Insurance Company Hartford Casualty Insurance Company Liberty Insurance Underwriters, Inc 13056 29424 19917 Naomi.Jackson@ioausa.com X Per Claim Aggregate 3,000,000 3,000,000 Professional Liab. Professional Liab. Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with “your work” and included within the “product-completed operations hazard”. 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include as an additional insured anyperson or organization thatyp g you agreeinacontractoragreement requiringyg g qg insurance to include as an additionalinsured onthis policy, but only with respect to liability for "bodilypy injury", y "property p damage"or y "personal y andjy pp y g p advertising injury" caused in whole or in part by you or those acting on your behalf: gjy However, if you specifically agree in a contract oryp yg agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory py ppy py py y basis, this insurance is primary to other insurancepy thatisavailable tosuch additionalinsured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSB0006683 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSA0002276 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSE0002889 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 57 WEG ZJ1989 05/01/17 FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 Policy Number: Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 04/21/17 05/01/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date: Policy Expiration Date: © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. PSA19-592CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6003 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between FEHR & PEERS, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Multimodal Level of Service (MMLOS) analysis tool development 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 21, 2019, (“proposal”), attached as Appendix "A" for the MMLOS Tool Upgrades, (the “Project"). The Project services shall include making revisions and upgrades to the existing MMLOS Tool. 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 six hundred (600) 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 $7,500. DocuSign Envelope ID: 351D62E8-149C-46D8-8D92-E08E7BB276DF May 10, 2019 PSA19-592CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT UPGRADE THE MMLOS TOOL TASK GROUP TIME & MATERIALS Technical support for Carlsbad Multimodal level of Service Tool - time and materials $7,500 TOTAL (Not-to-Exceed) $7,500 CONTRACTOR FEHR & PEERS, a California corporation FEHR & PEERS, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Matthew J. Henry / President, CEO Marion Donnelly, CFO (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 351D62E8-149C-46D8-8D92-E08E7BB276DF May 10, 2019 PSA19-592CA – Task No. 1 Appendix “A” Task Description: Technical Support for Carlsbad Multimodal Level of Service (MMLOS) Tool (January 21, 2019) Study Background The purpose of this task is to assist the City of Carlsbad with updates to and refinements of the City’s multi-modal level of service (MMLOS) tool that was developed for application as: 1) part of future transportation impact studies (TIS) of proposed developments, and 2) of City review of facility consistency under the Growth Management Plan (GMP). This Excel-based tool was finalized for use by the City and consultants in September 2018. The MMLOS tool provides City staff with a substantiated, quantitative mechanism to conduct a holistic and balanced review of City-maintained pedestrian, bicycle and transit facilities and services from a comprehensive multi- modal perspective. Specifically, the tool allows staff to: 1) recommend improvements to bicycle, pedestrian and transit facilities and services based on a combination of quantitative and qualitative measures, and 2) illustrate the benefits of those improvements based on a scale (LOS A through F) for each mode that decision-makers and the public are familiar with. The tool is accompanied by documentation that provides background regarding its development and appropriate application. As City staff and consultants apply the tool, it is anticipated that the City will need to modify the tool to address questions and comments from users based on its widespread application. Scope of Work To incorporate these potential changes and to provide support to City staff, Fehr & Peers will complete one or more of the following tasks: •Adjusting data ranges (e.g., changing the range of sidewalk or bicycle lane widths) under one or more modes •Adjusting the point scoring for selected criteria to reflect higher or lower “weighting” in the LOS calculation •Changing the order and type of criteria on each mode worksheet •Adding or deleting selected criteria based on user input and City staff review and approval •Recoding and changing the interface (this effort is also required the previous two tasks) •Conducting or documenting additional research regarding MMLOS analysis •Revising tool documentation to reflect modifications to the methodology and/or instructions •Preparing for and attending meetings with City staff to discuss proposed methodology, interface, and documentation changes •Responding to technical questions from non-City MMLOS users (at the direction of City staff) Proposed Budget We will perform these tasks at the request of City staff on a time-and-materials basis for a not to exceed amount of $7,500, which equates to approximately 40 hours of Fehr & Peers staff time, but is dependent on the specific services needed. At the time one or more tasks is requested, we will provide an estimate of the cost to complete those tasks before proceeding. DocuSign Envelope ID: 351D62E8-149C-46D8-8D92-E08E7BB276DF PSA19-592CA Task No. 1 DocuSign Envelope ID: 351D62E8-149C-46D8-8D92-E08E7BB276DF PSA19-592CA Task No. 1 DocuSign Envelope ID: 351D62E8-149C-46D8-8D92-E08E7BB276DF ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD JACKSONNA Naomi Jackson 04/05/2019 FEHR&PE-01 A PSE0002889 A PSA0002276 B 57WEGZJ1989 A PSB0006683 C AEXNYABEFJ2003 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 10,000 1,000,000 1,000,000 1,000,000 X X X X X X X X C AEXNYABEFJ2003 License # 0E67768 12/06/2018 12/06/2019 12/06/2018 12/06/2019 12/06/2018 12/06/2019 05/01/2019 05/01/2020 12/06/2018 12/06/2019 12/06/2018 12/06/2019 RE: MMLOS Tool Calibration - Agreement Number : TRAN1643 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. 30-Day Notice of Cancellation is included per policy provisions. GENERAL LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Carlsbad, as required per written contract IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 (925) 660-3998 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 RLI Insurance Company Hartford Casualty Insurance Company Liberty Insurance Underwriters, Inc 13056 29424 19917 Naomi.Jackson@ioausa.com X Per Claim Aggregate 3,000,000 3,000,000 Professional Liab. Professional Liab. Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with “your work” and included within the “product-completed operations hazard”. 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include as an additional insured anyperson or organization thatyp g you agreeinacontractoragreement requiringyg g qg insurance to include as an additionalinsured onthis policy, but only with respect to liability for "bodilypy injury", y "property p damage"or y "personal y andjy pp y g p advertising injury" caused in whole or in part by you or those acting on your behalf: gjy However, if you specifically agree in a contract oryp yg agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory py ppy py py y basis, this insurance is primary to other insurancepy thatisavailable tosuch additionalinsured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSB0006683 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSA0002276 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. City of Carlsbad N/A 30 PSE0002889 Fehr & Peers c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 57 WEG ZJ1989 05/01/17 FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 Policy Number: Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 04/21/17 05/01/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date: Policy Expiration Date: © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. PSA 19-592CA MASTER AGREEMENT FOR TRANSPORTATION PLANNING SERVICES FEHR & PEERS THIS AGREEMENT is made and entered into as of the b ~ day of :h,l 12',£,Yv:)~, 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and Fehr & Peers, a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in transportation planning. 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 transportation planning. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. SCOPE OF WORK The City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA 19-592CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand ($300,000) dollars per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor will be under control of the City only as to the result to be accomplished, but will consult with the City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, the City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and the City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by the City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 6/12/18 2 PSA 19-592CA The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. The City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to the City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 6/12/18 3 PSA 19-592CA 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by the City to obtain or maintain insurance and the City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. The City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to the City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA 19-592CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor under this Agreement-. For City Name Eleida Felix Yackel Title Senior Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Schrab Rashid Title TE, Principal 555 West Beach Street Address Suite 302 San Diego, CA 92101 Phone No. 619-758-3002 Email s.rashid@fehrandpeers.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ NoD 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or the City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained City Attorney Approved Version 6/12/18 5 PSA 19-592CA 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 -ava11ao1e·10-lhe·n, at raw.----------------~----~--·------·--- 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. The City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to the City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for the City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA 19-592CA 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for • a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon the City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of the City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-592CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 2018. CONTRACTOR Fehr & Peers, a California corporation (sign here) CS CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ma r 10 ,, Do" ,1 e /Ii ;..,-r!f p,/1-;,u:JJ tgj:c_ t1 (print na e/title) , If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney City Attorney Approved Version 6/12/18 8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif9{nia County of Lh,-\o,, ~ On _____.,,Q~vb.a....><a:.,<Jk----\ ....... \ -r-""J-D~l f'--before me, __ ja_,· l,<I.JnL...lle ...... e+Ja'----'-'m'-'-'.'-----')<''--'-L=~=.s.1.1-·, ~--:n.c;__ ___ _ I (insert name and title of~ officer) personally appeared -----'-L-J.#Vl--1-L-sa.!:Jo.t........_aL....----1....._~J.4---------------- who proved to me on the basis of satisfactory evi ence o be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal} ... ...... ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif~ County of ~ wh J On Oci?ar '' 1£) 1 t I before me, ___ cS"""'-"'a-'-'n'-"-'u"-La..J--..:....VD...i.;-'---'-¼-=..,s_· '--'~'-1-,· ..... M...._orL...-___ _ (insert name and title of the OOicer) personally appeared --1-L4""..L..J.J.....,__~.a....a.._...,..a.,,,cq,~---------------- who proved to me on the basis of satisfactory evid nee to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. {Seal} PSA 19-592CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of transportation planning related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the.following: A. Non-Motorized Active Transportation Plans, Study and Design (Pedestrian, Bike, ADA) B. Livable and Complete Street Policies, Programs and Design C. Safe Route to Schools Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 FEHR&PEERS MASTER AGREEMENT RATE SCHEDULE Discipline #19 Transportation Planning Prices valid through 3-Year Term of Agreement NAME 1. Schrab Rashid 2. Jason Pack 3. Matt Ben·amin 4. Josh Peterman 5. Ka Cole 6. Ste hanie Chen 7. Nathan Schmidt 8. Claude Stra er 9. 10. 11. Tamara Zdvorak 12. Senior Staff, Administrative Su 1. Dudek Princi al 2. Dudek Project Manager 3. Dudek Planner (IV-VQ 4. Dudek Planner (l-111) 5. Dudek Anal st 6. Dudek Administration 7. Mark Thomas & Company Senior Princi al Rob Himes 8. Mark Thomas & Company Senior Associate Darin Johnson 9. Mark Thomas & Company Pro·ect Mana er Arturo Vivar ort 10. Mark Thomas & Company Project En ineer 11. Mark Thomas & Company Design En ineer 12. Mark Thomas & Com an Technician 13. Mark Thomas & Company Administration/ Accounti n 14. National Data Services / TITLE Princi al Princi al Princi al Princi al Princi al Associate Associate Senior En ineer En ineer/Planner GIS/CAD Technician Visual Communications Senior Administrative Assistant Environmental Services Princi al Environmental Services Project Mana er Environmental Anal st Clerical Administrative Assistant President/Senior Principal Senior Engineering Manager Project Manager Senior Project Engineer Design Engineer Senior Project Accountant Traffic Data Collection Specialist 10 PSA 19-592CA HOURLY RATE $265 $275 $280 $275 $225 $195 $190 $185 $140 $125 $155 $130 HOURLY RATE $240 $225 $155 $140 $115 $90 $412 $322 $192 $162 $124 $86 $124 $60 1 1. 2. 3. 4. DESCRIPTION Milea e FEHR& PEERS MASTER AGREEMENT RATE SCHEDULE Discipline #19 Transportation Planning Prices valid through 3-Year Term of Agreement COST $0.56 Per Mile Direct Costs/Reimbursable Ex enses Actual Cost Voice and Data Communications Actual Cost as Percenta e of Labor Sub-Consultants Actual Cost 11 PSA 19-592CA %MARKUP 10% 10% 10% 10% 2 FEHR&PE-01 FRANCISCON ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License# OE67768 ij~ij!~cT Nicole Francisco IOA Insurance Services PHONE I FAX 3875 Hogyard Road (AIC, No, Ext): (A/C, No):(925) 416-7869 Suite 24 .i~l~~ss: Nicole.Francisco@ioausa.com Pleasanton, CA 94588 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Company 13056 INSURED INSURER B: Hartford Insurance Company of the Midwest 37478 Fehr& Peers INSURER c: Libertv Insurance Underwriters Inc 19917 100 Pringle Avenue, Suite 600 INSURER D: Walnut Creek, CA 94596 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. l~f: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ,.,en .,n,n I A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -:=J CLAIMS-MADE [!] OCCUR PSB0006683 12/06/2017 12/06/2018 ~~~~~T:J9E~~~JJ~ncel $ 1,000,000 -MED EXP !Anv one oerson) $ 10,000 PERSONAL & ADV INJURY -$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =7 POLICY [!] ~r8f [Kl LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 !Ea accident\ $ ANY AUTO PSA0002276 12/06/2017 12/06/2018 BODILY INJURY (Per oersonl $ --OWNED SCHEDULED f---AUTOS ONLY -AUTOS BODILY INJURY /Per accident\ $ X HIRED X ~8ta~~Jr.~ Fte9~c\'f;d7;,~t?AMAGE $ f---AUTOS ONLY - $ A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 f--PSE0002889 12/06/2017 12/06/2018 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION XI ~ffTuTE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N 57WEGZJ1989 05/01/2018 05/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000 C Professional Liab. AEXNYABEFJ2002 12/06/2017 12/06/2018 Per Claim 3,000,000 / C Professional Liab. AEXNYABEFJ2002 12/06/2017 12/06/2018 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: MMLOS Tool Calibration -Agreement Number: TRAN1643 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. 30-Day Notice of Cancellation is included per policy provisions. GENERAL LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Carlsbad, as required per written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services ~~ P.O. Box 4668 -ECM #35050 ,~,,. .. , Ynrk NY •n•l:'LAl:I:~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 Named lnsured:Fehr & Peers RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury'' for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: 4. The following is added to SECTION Ill K. 2. a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSB0006683 Named Insured: Fehr & Peers RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL - DESIGNATED PERSON OR ORGANIZATION Designated Person or Organization: City of Carlsbad Email Address: N/A US Mail Address: c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Schedule If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least Ll!L) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK21080511 Page 1 of 1 Policy Number: PSA0002276 Named Insured: Fehr & Peers RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL - DESIGNATED PERSON OR ORGANIZATION Designated Person or Organization: City of Carlsbad Email Address: N/A US Mail Address: c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Schedule If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least LlQ_) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 Policy Number: PSE0002889 Named Insured: Fehr & Peers RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL - DESIGNATED PERSON OR ORGANIZATION Designated Person or Organization: City of Carlsbad Email Address: N/A US Mail Address: c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Schedule If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least LlQ_) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 5 7 WEG ZJl 9 8 9 Endorsement Number: Effective Date: o 5 / o 1 / 1 7 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: 04/21/17 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy Expiration Date: 05/01/18 © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Polley Number: 57 WEG ZJ1989 Endorsement Number: Effective Date: o s / o 1 / 1 a Named Insured and Address: Effective hour is the same as stated on the Information Page of the policy. FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 9 4 5 96 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 premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Job Description AS REQUIRED BY WRITTEN CONTRACT. CounteraigeX~~~✓ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date: 05/01/18