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HomeMy WebLinkAboutRight-of-Way Engineering Services Inc; 2018-11-28; PSA19-587CAPSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 PROJECT NO. 6607 This eleventh Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right-of-Way Engineering Services, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Topography Surveys 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 November 17, 2020, (“proposal”), attached as Appendix "A" for the Carlsbad Boulevard and Encinas Creek CMP Replacement, (the “Project"). The Project services shall include Survey for the replacement of two existing overside drains and a CMP storm drain along Carlsbad Boulevard. 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 one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the 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 DocuSign Envelope ID: 6B7537DE-A64B-4E08-BC58-CEDE9DAF6B06 December 2, 2020 PSA19-587CA City Attorney Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,985. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 6B7537DE-A64B-4E08-BC58-CEDE9DAF6B06 PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT SURVEY FOR STORM DRAIN IMPROVEMENTS TASK GROUP TIME & MATERIALS Perform Topographic Surveys and Prepare Base Maps $5,985 TOTAL (Not-to-Exceed) $5,985 CONTRACTOR Right-of-Way Engineering Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Louis Schlumpberger, President & Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 6B7537DE-A64B-4E08-BC58-CEDE9DAF6B06 December 2, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 6B7537DE-A64B-4E08-BC58-CEDE9DAF6B06 Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net November 17, 2020 Mr. Jason Evans, PE, QSD/P City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography for storm drain CMP replacement crossing Northbound Carlsbad Boulevard, South of Solamar. Mr. Evans, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation for replacement of the CMP crossing Carlsbad Boulevard. Scope of work Task Hours Cost 1. Research record maps and as-built drawings on file with the 3.0 $285.00 County of San Diego and City of Carlsbad. Request as-built utility maps from utility companies. 2. Locate and tie in record monuments to orient record property 2.0 $350.00 boundaries, street centerlines and right of way lines. Identify existing monuments that may be destroyed by construction. 3. Establish NAD 83 horizontal and NGVD 29 vertical control on 4.0 $700.00 each project site based on the City of Carlsbad survey control. 4. Field topography covering the areas within the indicated limits 16.0 $2,800.00 of topographic mapping shown on the provided exhibit. Topography will include visible trench lines, curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and all surface utilities. Wet utilities will include storm drain catch basin size and location with grate corners, invert elevations and pipe sizes, and sewer manholes with pipe sizes and invert elevations. 5. Preparation of base map at 1”= 20’ feet with 1’ contours, 14.0 $1,330.00 existing property lines, addresses, and right of way lines. Utilities will be plotted based on as-built plans, surface utility locations and available markout. 6. Boundary calculations and note reduction 4.0 $380.00 7. Supervision and coordination 1.0 $140.00 Total (time and material) not to exceed $5,985.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President DocuSign Envelope ID: 6B7537DE-A64B-4E08-BC58-CEDE9DAF6B06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/12/2019 Hall & Company19660 10th Ave NEPoulsbo WA 98370 Bryn Steele 360-598-5019 360-598-5019 bsteele@hallandcompany.com Hanover American Insurance Company 36064 RIGHOFW-01 Right of Way Engineering Services Inc615 S Tremont StOceanside CA 92054 622442463 A Professional Liab;Claims Made LH2 H094366 00 11/20/2019 11/20/2021 Per ClaimAggregate $1,000,000$2,000,000 Additional Insured Status is not available on Professional Liability Policy.Professional Surveying Services City of Carlsbad / CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668United States PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 6049/6052 This tenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right-of-Way Engineering Services, Inc., ("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 Topography Surveys 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 13, 2020, (“proposal”), attached as Appendix "A" for the City Parking Lots Americans with Disabilities Act (ADA), (the “Project"). The Project services shall include: Provide land surveying services and prepare base mapping for ten (10) City parking lots. 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 one (1) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year 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 $24,680. DocuSign Envelope ID: C66ED711-9DFE-42C0-A107-F13E3D1B0AF8 October 30, 2020 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C66ED711-9DFE-42C0-A107-F13E3D1B0AF8 PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT FIELD SURVEYS FOR 10 CITY PARKING LOTS TASK GROUP TIME & MATERIALS Perform Topographic Surveys and Prepare Base Maps $24,680 TOTAL (Not-to-Exceed) $24,680 CONTRACTOR Right-of-Way Engineering Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Louis Schlumpberger, President & Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: C66ED711-9DFE-42C0-A107-F13E3D1B0AF8 October 30, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: C66ED711-9DFE-42C0-A107-F13E3D1B0AF8 Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net October 13, 2020 Mr. Scott Lyle, PE, CFM, QSD/P City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography for Public Parking Lots ADA compliance project, 10 sites with limits as delineated on exhibit provided for each site, emailed 10-8-2020. Mr. Lyle, Per your request, I have prepared a scope of work and related fees to complete topographic surveys and base map preparation on 10 parking lots. Scope of work Task Hours Cost 1. Research record maps for boundary information on file with the 8.0 $760.00 County of San Diego and City of Carlsbad. Applicable to Lots A, B, C and D only 2. Locate and tie in record monuments to orient record property 6.0 $1,050.00 boundaries, street centerlines and right of way lines. Identify existing monuments that may be destroyed by construction. Applicable to Lots A, B, C and D only 3. Field topography covering the areas outlined in red on the “limits 80.0 $14,000.00 of Survey” PDF exhibits provided. Points will be collected on a 20’ grid as applicable to each site, with tighter grids around ADA stalls and existing ramps. Existing slopes on ramps and landing areas will be collected. Topography will include all existing striping, curb, gutter, lip, driveways, ramps, walls, walks, concrete, asphalt, and all surface utilities. Wet utilities will include storm drain catch basin size and location with grate corners, invert elevations and pipe sizes, and sewer manholes with pipe sizes and invert elevations. 4. Preparation of base map at 1”= 20’ feet with 1’ contours, 80.0 $7,600.00 existing property lines, and right of way lines for lots A, B, C and D. Surface utility locations and available markout will be plotted. 5. Boundary calculations and note reduction 6.0 $570.00 6. Supervision and coordination 5.0 $700.00 Total (time and material) not to exceed $24,680.00 Note: Utilities will not be researched or plotted. Assumed coordinates and elevations will be used on each location. They will not be in the correct location for insertion into the City GIS system. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger, President DocuSign Envelope ID: C66ED711-9DFE-42C0-A107-F13E3D1B0AF8 ~ RIGHT-1 nP 1n· c::~ ACORD-CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) .,_______. 01/17/2020 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 riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 2~AA&!ICT Ron Schlumpberger NFP Property & Casualty Svcs rA~g_Nio, Ext): 503-397 -0714 I rit No):503-397-0674 61 Plaza Square St. Helens, OR 97051 fo"b~~""· Ron Schlumpberger INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Ohio Security 24082 INSURED INSURER B, Sentenial Insurance Co., Ltd. 11000 Righ~-Of-Way Engineering INSURER c, American Fire & Casualty Co 24066 Services, Inc. 615 S. Tremont St Oceanside, CA 92054 INSURER D: 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. 1rJ: TYPE OF INSURANCE ~.?Jl~ ~.~~nR POLICY NUMBER POLICY EFF .f.~LICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 LJ CLAIMS-MADE ~ OCCUR X BKS57443227 11/20/2019 11/20/2020 DAMAGE TO RENTED 1,000,000 P""''"""'" 1i=, nee, rrence\ $ I--10,000 MED EXP /Anv one oersonl $ )---1,000,000 PERSONAL & ADV INJURY $ I--2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY □ ~Wli □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accident\ $ ANY AUTO BODILY INJURY /Per oersonl $ )---OWNED ~ SCHEDULED I--AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident I $ HIRED NON-OWNED fpR,,?~~%~t?AMAGE $ ~ AUTOS ONLY I--AUTOS ONLY $ C X UMBRELLA LIAS ~ OCCUR EACH OCCURRENCE $ 4,000,000 -USA57443227 11/20/2019 11/20/2020 4,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 10,000 $ B WORKERS COMPENSATION X I ~~~Tl!TE I I fJH-AND EMPLOYERS' LIABILITY YIN X 52 WEC ER8804 02/01/2020 02/01/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPFRATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad, its officials, emr.loyees and volunteers are additional insured on the general liability with re:J.I'aect to insureds operations per attached endorsement CG8810 0413. aiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER CANCELLATION CITYCA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/oEXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE PO Box 4668 -ECM#35050 ~J~ New York, NY 10163-4668 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/12/2019 Hall & Company19660 10th Ave NEPoulsbo WA 98370 Bryn Steele 360-598-5019 360-598-5019 bsteele@hallandcompany.com Hanover American Insurance Company 36064 RIGHOFW-01 Right of Way Engineering Services Inc615 S Tremont StOceanside CA 92054 622442463 A Professional Liab;Claims Made LH2 H094366 00 11/20/2019 11/20/2021 Per ClaimAggregate $1,000,000$2,000,000 Additional Insured Status is not available on Professional Liability Policy.Professional Surveying Services City of Carlsbad / CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668United States ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I ~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02103 /2 020 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: lfthe 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 ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Esmanuel Ruiz(998324M) NAME: Manny Ruiz PHONE FAX 210 E Fig St Ste 104 (A/C, NO, EXT): 760-746-5010 (A/C, NO): 760-746-5007 E-MAIL Fallbrook CA 92028-2889 ADDRESS: eruiz3@farmersagent.com INSURED INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Truck Insurance Exchange 21709 RIGHT-OF-WAY ENGINEERING INSURER B: Farmers Insurance Exchange 21652 615 S TREMONT ST INSURER C: Mid Century Insurance Company 21687 INSURER D: OCEANSIDE CA 92054 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 NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREM ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDTL SUBR POL.ICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED s PREMISES (Ea Occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ,- POLICY □ PROJECT □ LOC PRODUCTS -COMP/OP AGG s OTHER: s AUTOMOBILE LIABILITY COMBIN ED SINGLE LIMIT $ 2,000,001 (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ A OWNED AUTOS X SCHEDULED BODILY INJURY (Per accident) s ONLY AUTOS y 604792537 02/01 /2020 02/01/2021 X HIRED AUTOS NON-OWNED PROPERTY DAMAGE s ONLY AUTOS ONLY (Per accident) ,- UMBRELLA UAB OCCUR s EXCESS LIAB CLAIM S-MADE EACH OCCURRENCE $ OED I RETENTIONS AGGREGATE $ WORKERS COMPENSATION s PER OTHER s AND EMPLOYERS' LIABILITY STATUTE ANY PROPRIETOR /PARTNER / Y/N E.L. EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER N/A EXCLUDED? (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE If yes, describe under DESCRIPTION OF E.L. DISEASE -POLICY LIMIT $ OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) CITY OF OCEANSIDE CERTIFICATE HOLDER C/0 EXIGIS COMPLIANCE SERVICES PO BOX 4668 ECM#35050 CANCELLATION SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCEL D BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE TH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Manny Ruiz ACORD 25 (2016/03) 3 1 -1 769 11 -15 ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD g N N Policy# BKS57443227 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT -NON-OWNED AIRCRAFT = -NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 0 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement_ A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. 8. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil-ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property ls replaced by the follow-ing: Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section 111 -Limits of Insurance. © 2013 Liberty Mutual Insurance CG88100413 Includes copyr"lghted material of Insurance Services Office, Inc., with its permission. Page 2 of B ~ 0 = = g ----;; b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permIssIon of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) • Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II • Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 0 ~ b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad-vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: However: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur-ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi-tions. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 -= -= = == = 0 N= 8 === 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. · d. "Bodily injury" or "property damage" occurring after: = (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its ~ intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. H. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 0 i;i b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi-tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ-ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes-sional health care personnel to others, or if coverage for providing professional health care ser-vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 = -= = K. L. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre-sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". o N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3, is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-ness or disease. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 0 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans-fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree-ment. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ER8804 Endorsement Number: Effective Date: 02/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE CA 92054 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 Countersigned by ___________________ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/16/19 Policy Expiration Date: 02/01/21 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/12/2019 Hall & Company19660 10th Ave NEPoulsbo WA 98370 Bryn Steele 360-598-5019 360-598-5019 bsteele@hallandcompany.com Hanover American Insurance Company 36064 RIGHOFW-01 Right of Way Engineering Services Inc615 S Tremont StOceanside CA 92054 622442463 A Professional Liab;Claims Made LH2 H094366 00 11/20/2019 11/20/2021 Per ClaimAggregate $1,000,000$2,000,000 Additional Insured Status is not available on Professional Liability Policy.Professional Surveying Services City of Carlsbad / CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668United States PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 6608 This ninth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right- of-Way Engineering Services,Inc., ("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 Topography Survey 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 June 24, 2020, (“proposal”), attached as Appendix "A" for the Citywide Drainage Improvement Program, (the “Project"). The Project services shall include Land Surveying and Base Map Preparation for Merwin Dr. Outfall. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $2,920. DocuSign Envelope ID: 28D15229-3AE2-48C6-B249-63C00300645F July 20, 2020 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 28D15229-3AE2-48C6-B249-63C00300645F PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT MERWIN DRIVE OUTFALL SURVEY TASK GROUP TIME & MATERIALS Perform Topographic Surveys and Prepare Base Maps $2,920 TOTAL (Not-to-Exceed) $2,920 CONTRACTOR Right-of-Way Engineering Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Louis Schlumpberger/ President & Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 28D15229-3AE2-48C6-B249-63C00300645F July 20, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 28D15229-3AE2-48C6-B249-63C00300645F Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net June 24, 2020 Mr. Scott Lyle, PE, CFM, QSD/P City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008 Project: Topography and elevations for drainage improvements on Merwin Drive and the out fall area to the east. Mr. Lyle, Per your request, I have prepared a scope of work and related fees to collect stormdrain elevations in Merwin Drive, perform a topographic survey in the outfall area and prepare a base map in AutoCAD. Scope of work Task Hours Cost 1. Research record maps at the County of San Diego and City 2.0 $190.00 of Carlsbad. 2. Locate and tie in record monuments to orient record property 1.0 $175.00 boundaries, street centerlines and right of way lines and identify for perpetuation during construction. 3. Establish NAD 83 horizontal and NGVD 29 vertical control on 4.0 $700.00 the project site based on the City of Carlsbad control. 4. Location of existing stormdrain structure within Merwin Drive, 6.0 $1,050.00 collecting curb elevation, flowline into structure, invert elevation, water surface elevation inside structures, pipe sizes and types. Topography extending 50’ along the access road east of the private lot off Merwin Drive each direction from the existing outfall pipe, extending from back yard fences to the top of slope adjacent to the basin. 5. Preparation of base map at 1”= 20’ feet with 1’ contours, 6.0 $570.00 existing ground profile (1”=2’ vertical), existing property lines, addresses, and right of way lines. 6. Boundary calculations and note reduction 1.0 $95.00 7. Supervision and coordination 1.0 $140.00 Total (time and material) not to exceed $2,920.00 Deliverable will be an AutoCAD dwg file and PDF file. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President DocuSign Envelope ID: 28D15229-3AE2-48C6-B249-63C00300645F ~ RIGHT-1 nP 1n· c::~ ACORD-CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) .,_______. 01/17/2020 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 riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 2~AA&!ICT Ron Schlumpberger NFP Property & Casualty Svcs rA~g_Nio, Ext): 503-397 -0714 I rit No):503-397-0674 61 Plaza Square St. Helens, OR 97051 fo"b~~""· Ron Schlumpberger INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Ohio Security 24082 INSURED INSURER B, Sentenial Insurance Co., Ltd. 11000 Righ~-Of-Way Engineering INSURER c, American Fire & Casualty Co 24066 Services, Inc. 615 S. Tremont St Oceanside, CA 92054 INSURER D: 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. 1rJ: TYPE OF INSURANCE ~.?Jl~ ~.~~nR POLICY NUMBER POLICY EFF .f.~LICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 LJ CLAIMS-MADE ~ OCCUR X BKS57443227 11/20/2019 11/20/2020 DAMAGE TO RENTED 1,000,000 P""''"""'" 1i=, nee, rrence\ $ I--10,000 MED EXP /Anv one oersonl $ )---1,000,000 PERSONAL & ADV INJURY $ I--2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY □ ~Wli □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accident\ $ ANY AUTO BODILY INJURY /Per oersonl $ )---OWNED ~ SCHEDULED I--AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident I $ HIRED NON-OWNED fpR,,?~~%~t?AMAGE $ ~ AUTOS ONLY I--AUTOS ONLY $ C X UMBRELLA LIAS ~ OCCUR EACH OCCURRENCE $ 4,000,000 -USA57443227 11/20/2019 11/20/2020 4,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 10,000 $ B WORKERS COMPENSATION X I ~~~Tl!TE I I fJH-AND EMPLOYERS' LIABILITY YIN X 52 WEC ER8804 02/01/2020 02/01/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPFRATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad, its officials, emr.loyees and volunteers are additional insured on the general liability with re:J.I'aect to insureds operations per attached endorsement CG8810 0413. aiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER CANCELLATION CITYCA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/oEXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE PO Box 4668 -ECM#35050 ~J~ New York, NY 10163-4668 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD g N N Policy# BKS57443227 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT -NON-OWNED AIRCRAFT = -NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 0 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement_ A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. 8. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil-ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property ls replaced by the follow-ing: Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section 111 -Limits of Insurance. © 2013 Liberty Mutual Insurance CG88100413 Includes copyr"lghted material of Insurance Services Office, Inc., with its permission. Page 2 of B ~ 0 = = g ----;; b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permIssIon of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) • Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II • Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 0 ~ b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad-vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: However: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur-ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi-tions. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 -= -= = == = 0 N= 8 === 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. · d. "Bodily injury" or "property damage" occurring after: = (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its ~ intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. H. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 0 i;i b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi-tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ-ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes-sional health care personnel to others, or if coverage for providing professional health care ser-vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 = -= = K. L. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre-sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". o N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3, is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-ness or disease. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 0 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans-fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree-ment. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ER8804 Endorsement Number: Effective Date: 02/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE CA 92054 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 Countersigned by ___________________ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/16/19 Policy Expiration Date: 02/01/21 PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 6607 This eighth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right-of-Way Engineering Services, Inc., ("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 Topography Survey 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 June 15, 2020, (“proposal”), attached as Appendix "A" for the Storm Drain Repair Program, (the “Project"). The Project services shall include provide Land Surveying Services for Six (6) Project Locations to Support Storm Drain Repair Program. 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 sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $16,190. DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B July 20, 2020 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT LAND SURVEY 6 SITES TASK GROUP TIME & MATERIALS Perform Topographic Surveys and Prepare Base Maps $16,190 TOTAL (Not-to-Exceed) $16,190 CONTRACTOR Right-of Way Engineering Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Louis Schlumpberger, President & Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B July 20, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net June 15, 2020 Mr. Scott Lyle, PE, CFM, QSD/P City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography for storm drain improvements at 6 sites identified in the PDF file titled “Topographic Survey Bundle Locations SDSRRP Phase III” emailed June 11, 2020. Mr. Lyle, Per your request, I have prepared a scope of work and related fees to complete topographic surveys and base map preparation for SDC1412, SDC1413, SDC1872, SDC7506, SDC7902 and SDP100759. Scope of work – 6 sites Task Hours Cost 1. Research record maps and as-built drawings on file with the 8.0 $760.00 County of San Diego and City of Carlsbad. Request as-built utility maps from utility companies. 2. Locate and tie in record monuments to orient record property 10.0 $1,750.00 boundaries, street centerlines and right of way lines. Identify existing monuments that may be destroyed by construction. 3. Establish NAD 83 horizontal and NGVD 29 vertical control on 12.0 $2,100.00 each project site based on the City of Carlsbad survey control. 4. Field topography covering the areas within the “survey limit” 40.0 $7,000.00 shown on the PDF titled “Topographic Survey Bundle Locations SDSRRP Phase III”. Topography will include visible trench lines, curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and all surface utilities. Wet utilities will include storm drain catch basin size and location with grate corners, invert elevations and pipe sizes, and sewer manholes with pipe sizes and invert elevations. 5. Preparation of base map at 1”= 20’ feet with 1’ contours, 38.0 $3,160.00 existing property lines, addresses, and right of way lines. Utilities will be plotted based on as-built plans, surface utility locations and available markout. 6. Boundary calculations and note reduction 12.0 $1,140.00 7. Supervision and coordination 2.0 $280.00 Total (time and material) not to exceed $16,190.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B APPENDIX "B" SITE LOCATIONS DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B $1 $1 @*)*)*)@ *)*) *) *) N JUNIPERHEMLOCKSDC2954 SDC1410 SDC1409 SDC1412SDC1413SDP100759SDC141116C-41 16C-42 16C-39 16C-40 16C-43 16C-S205 16C-S20216C-107 16C-108 16C-105 16C-53 16C-106 SDC1412 Survey limit Topographic Survey LIMIT Project Location 1 Facility ID SDC1412 Unit ID : UP 16C-42 Down 16C-43 DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B $1 @*)*)@ *)@ *) N HEMLOCKJUNIPERSDC1412SDC1413S D C 2 9 5 4 SDC1411SDP10075916C-42 16C-43 16C-S205 16C-S20216C-107 16C-108 16C-53 16C-106 16A-S213 SDC1413 Survey limit Topographic Survey LIMIT Project Location 2 FACILITY ID SDC1413 UNIT ID: UP: 16C-43 DOWN:16C-53 DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B $1 $1 *) "?B *) *)N CARLSBADLI N C O L NOAKSDP101366SDP100414 SDC1260 1 SDC1872S D C 1 8 7 1 SDP100415SDP101365SDC1873S D P 1 0 1 3 6 4 9D-158 9D-S400 9D-3 9D-159 9D-1 9D-2 9D-S431 Topographic Survey LIMIT Project Location 4 FACILITY ID SDC1872 UNIT ID: Unit ID UP: 9D-1 Unit ID DOWN: 9D-3 DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B $1 *)*)*)*)*)COLINA DE LA COSTACOLIN A D E L A C O S T A C O L I N A D E L A C O S T A A L I C A N T E SDC7506SD C 7 5 0 7 49C-3 49C-2 49C-65 49C-64 49C-1 Survey limits SDC7506 Topographic Survey LIMIT Project Location 7 FACILITY ID SDC 7506 UNIT ID: Unit ID UP: 49C-2 Unit ID DOWN: 49C-3 DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B B @ §|FRIENDLY F R I E N D L Y E A S Y CARLSBADCAR L SBA D OCEA N V I EW SDC7902SDC7 9 0 3 34B-33 34B-32 34B-34 SDC7902 Survey vicinity Topographic Survey LIMIT Project Location 8 FACILITY ID SDC 7902 UNIT ID: Unit ID UP: 34B-33 Unit ID DOWN: 34B-34 DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B $1 $1 $1 @*)*)@ *)@ *) *) *) N VI L L A G E CHERRYACACIAG A R F I E L D HEMLOCKJUNIPERSDC1409SDC1410 SDC2953 SDC1412SDC1413S D C 2 9 5 4 S D C 2 9 5 5 SDP100759SDC141116C-41 16A-S202 16C-42 16C-40 16C-43 16A-40 16C-S205 16C-108 16C-53 16C-106 16A-S213 SDP 100759 Survey limit Topographic Survey LIMIT Project Location 14 FACILITY ID: SDP 100759 UNIT ID: Unit ID UP: 16C-S205 UNIT ID DOWN: 16A-S213 DocuSign Envelope ID: 28BC1C8C-96A8-48A4-924C-9F69D474284B ~ RIGHT-1 nP 1n· c::~ ACORD-CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) .,_______. 01/17/2020 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 riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 2~AA&!ICT Ron Schlumpberger NFP Property & Casualty Svcs rA~g_Nio, Ext): 503-397 -0714 I rit No):503-397-0674 61 Plaza Square St. Helens, OR 97051 fo"b~~""· Ron Schlumpberger INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Ohio Security 24082 INSURED INSURER B, Sentenial Insurance Co., Ltd. 11000 Righ~-Of-Way Engineering INSURER c, American Fire & Casualty Co 24066 Services, Inc. 615 S. Tremont St Oceanside, CA 92054 INSURER D: 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. 1rJ: TYPE OF INSURANCE ~.?Jl~ ~.~~nR POLICY NUMBER POLICY EFF .f.~LICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 LJ CLAIMS-MADE ~ OCCUR X BKS57443227 11/20/2019 11/20/2020 DAMAGE TO RENTED 1,000,000 P""''"""'" 1i=, nee, rrence\ $ I--10,000 MED EXP /Anv one oersonl $ )---1,000,000 PERSONAL & ADV INJURY $ I--2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY □ ~Wli □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accident\ $ ANY AUTO BODILY INJURY /Per oersonl $ )---OWNED ~ SCHEDULED I--AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident I $ HIRED NON-OWNED fpR,,?~~%~t?AMAGE $ ~ AUTOS ONLY I--AUTOS ONLY $ C X UMBRELLA LIAS ~ OCCUR EACH OCCURRENCE $ 4,000,000 -USA57443227 11/20/2019 11/20/2020 4,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 10,000 $ B WORKERS COMPENSATION X I ~~~Tl!TE I I fJH-AND EMPLOYERS' LIABILITY YIN X 52 WEC ER8804 02/01/2020 02/01/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPFRATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad, its officials, emr.loyees and volunteers are additional insured on the general liability with re:J.I'aect to insureds operations per attached endorsement CG8810 0413. aiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER CANCELLATION CITYCA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/oEXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE PO Box 4668 -ECM#35050 ~J~ New York, NY 10163-4668 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD g N N Policy# BKS57443227 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT -NON-OWNED AIRCRAFT = -NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 0 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement_ A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. 8. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil-ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property ls replaced by the follow-ing: Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section 111 -Limits of Insurance. © 2013 Liberty Mutual Insurance CG88100413 Includes copyr"lghted material of Insurance Services Office, Inc., with its permission. Page 2 of B ~ 0 = = g ----;; b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permIssIon of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) • Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II • Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 0 ~ b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad-vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: However: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur-ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi-tions. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 -= -= = == = 0 N= 8 === 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. · d. "Bodily injury" or "property damage" occurring after: = (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its ~ intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. H. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 0 i;i b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi-tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ-ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes-sional health care personnel to others, or if coverage for providing professional health care ser-vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 = -= = K. L. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre-sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". o N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3, is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-ness or disease. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 0 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans-fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree-ment. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ER8804 Endorsement Number: Effective Date: 02/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE CA 92054 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 Countersigned by ___________________ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/16/19 Policy Expiration Date: 02/01/21 PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 This 6th Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right- of-Way Engineering Services, Inc., a California corporation ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 8, 2020, (“proposal”), attached as Appendix "A" for the Skimmer Court Easement, (the “Project"). The Project services shall include field locating, research, preparing a legal description and plat map, and supervision and coordination. 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 after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two months thereafter. Working days are defined in section 6- 7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on hours worked. 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 $4,170. DocuSign Envelope ID: 8E42B9C0-8A1A-47B1-8ADF-E5CD0DE7A2FD January 22, 2020 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 8E42B9C0-8A1A-47B1-8ADF-E5CD0DE7A2FD PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT SKIMMER COURT EASEMENT TASK GROUP TIME & MATERIALS Field locate the desired limits of the new easement as identified by city staff $1,400 Research existing property boundaries at the County of San Diego and City of Carlsbad $570 Prepare legal description with plat for the new easement configuration $1,920 Supervision and coordination $280 TOTAL (Not-to-Exceed) $4,170 CONTRACTOR Right-of-Way Engineering Services, Inc. Right-of-Way Engineering Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Louis Schlumpberger/President Michael Louis Schlumpberger/Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 8E42B9C0-8A1A-47B1-8ADF-E5CD0DE7A2FD January 22, 2020 Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net January 8, 2020 Ms. Rosanne Humphrey City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Field locate the proposed easement area east of Skimmer Court, prepare legal description with plat describing the new easement area. Ms. Humphrey, Per your email, I have prepared a scope of work and related fees to perform a field survey and prepare a legal description with plat. Scope of work Task Hours Cost 1.Field locate the desired limits of the new easement as identified 8.0 $1,400.00 by City staff. 2.Research existing property boundaries at the County of San Diego 6.0 $570.00 and City of Carlsbad. 3.Prepare legal description with plat for the new easement 16.0 $1,920.00 configuration. 4.Supervision and coordination 2.0 $280.00 Total (time and material) not to exceed $4,170.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael SchlumpbergerPresident PSA19-587CA Task 6 Appendix A DocuSign Envelope ID: 8E42B9C0-8A1A-47B1-8ADF-E5CD0DE7A2FD PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 66191 This fifth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right of Way Engineering Services, 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 Land Survey services in accordance with the City of Carlsbad Engineering Standards 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated December 26, 2019, (“proposal”), attached as Appendix "A" for the Survey of Buena Vista Creek at El Camino Real, (the “Project"). The Project services shall include recording cross sections and land topography in Buena Vista Creek on each side of the El Camino Real Bridge to the South Vista Way Bridge per the provided site map in Appendix “B”. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on 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 DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 January 9, 2020 PSA19-587CA City Attorney Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $9,195. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT SURVEY OF BUENA VISTA CREEK AT EL CAMINO REAL TASK GROUP TIME & MATERIALS Recover and re-establish NAD 83 and NGVD 29 project controls $525 Collect X, Y,Z locations along the defined section alignments $8,050 Compile cross section points into autocad file and text file for delivery $380 Supervision and coordination $240 TOTAL (Not-to-Exceed) $9,195 CONTRACTOR Right of Way Engineering Services Right of Way Engineering Services (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Schlumpberger, President Michael Schlumpberger, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 January 9, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net December 26, 2019 Mr. Daniel Zimny, P.E. City Of Carlsbad Public Works – Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Cross sections and Topography in Buena Vista Creek on each side of the El Camino Real Bridge to the S. Vista Way Bridge. Mr. Zimny, Per your request, I have prepared a scope of work and related fees to collect cross sections and topography in the areas shown on the PDF file titled “Buena Vista Creek Maintenance_Survey Elevation Request” emailed 12-6-2019. Scope of work Task Hours Cost 1. Recover / Re-establish NAD 83, NGVD 29 project control 3.0 $525.00 2. Collect X,Y, Z locations along the defined section alignments at all grade 46.0 $8,050.00 breaks, and surface changes.  6 sections in dense brush, tall tree canopy and standing water.  topography on two areas of erosion. 3. Compile cross section points into AutoCAD file and text file for delivery 4.0 $380.00 4. Supervision and coordination 2.0 $240.00 Total (time and materials) not to exceed $9,195.00 Deliverable: AutoCAD dwg file containing the points collected and a text file of the points. No DTM or contours will be created. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 APPENDIX "B" SURVEY SITE MAP DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 DocuSign Envelope ID: 374806C7-CE11-4B31-A479-5824D9963192 PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6616 This fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right- of-Way Engineering Services,Inc., ("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 Topography Survey 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 16, 2019, (“proposal”), attached as Appendix "A" for the Topography Survey and Base Map Preparation for Storm Drain BMP Improvement At Fire Stations 1,4, & 5, (the “Project"). The Project services shall include Provide Land Surveying Services and base map preparation at the Fire station 1,4 & 5, to support Storm Drain BMP Improvement project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) 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 DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD October 29, 2019 PSA19-587CA City Attorney Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $15,775. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT LAND SURVEY FIRE STATION 1,4, & 5 Topographic Survey for BMP TASK GROUP TIME & MATERIALS Research Record Maps $760 Locate & Tie-In Records $1,575 Establish NAD 83 Horizontal & NGVD 29 Vertical Control $2,100 Field Topography $5,600 Preparation of Base Map $3,040 Boundary Calculations & Note Reduction $2,280 Supervision & Coordination $420 TOTAL (Not-to-Exceed) $15,775 CONTRACTOR Right-of-Way Engineering Services,Inc. Right-of-Way Engineering Services,Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Schlumpberger, President Michael Schlumpberger, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD October 29, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net October 16, 2019 Mr. Farhad Bolourchi City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography for storm drain improvements 3 existing fire stations identified in the PDF files emailed October 15, 2019. Fire Station 1 – 1275 Carlsbad Village Drive Fire Station 4 – 6885 Batiquitos Drive Fire Station 5 – 2540 Orion Way Mr. Bolourchi, Per your request, I have prepared a scope of work and related fees to complete topographic surveys and base map preparation for each site. Scope of work Task Hours Cost 1. Research record maps and as-built drawings on file with the 8.0 $760.00 County of San Diego and City of Carlsbad. Request as-built utility maps from utility companies. 2. Locate and tie in record monuments to orient record property 9.0 $1,575.00 boundaries, street centerlines and right of way lines. Identify existing monuments that may be destroyed by construction. 3. Establish NAD 83 horizontal and NGVD 29 vertical control on 12.0 $2,100.00 the project site based on the City of Carlsbad control. 4. Field topography covering the areas within the “limits of survey” 32.0 $5,600.00 shown on the provided PDF files. Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 5. Preparation of base map at 1”= 20’ feet with 1’ contours, 32.0 $3,040.00 existing property lines, addresses, and right of way lines. Utilities will be plotted based on as-built plans, surface utility locations and available markout. 6. Boundary calculations and note reduction 12.0 $2,280.00 7. Supervision and coordination 3.0 $420.00 Total (time and material) not to exceed $15,775.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD Carlsbad, CA Survey Limits - Fire Station # Exhibit X °10/8/2019 JN H:\COMMON\Stormwater\Carlsbad - Fire Stations\GIS\FireStation_Survey_Template.mxd <USER NAME>Source: Google Earth, MBI 1 Limits of Survey DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD Carlsbad, CA Survey Limits - Fire Station # Exhibit X °10/8/2019 JN H:\COMMON\Stormwater\Carlsbad - Fire Stations\GIS\FireStation_Survey_Template.mxd <USER NAME>Source: Google Earth, MBI 4 Limits of Survey DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD Carlsbad, CA Survey Limits - Fire Station # Exhibit X °10/8/2019 JN H:\COMMON\Stormwater\Carlsbad - Fire Stations\GIS\FireStation_Survey_Template.mxd <USER NAME>Source: Google Earth, MBI 5 Limits of Survey DocuSign Envelope ID: 6F226878-EA6C-4597-AF65-2BAC38B465DD PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6608 This third Project Task Description and Fee Allotment, is entered into on ____________________ ___________, pursuant to an Agreement between RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Topographic Survey in accordance with the "Project Engineer’s Manual", 2016 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 proposals dated June 18 & 21, 2019, (“proposals”), attached as Appendix "A & B" for the Paraiso & Longfellow Cul-D-Sac Topography, (the “Project"). The Project services shall include field topography for two (2) project locations. Appendix “B” has detailed information for each project including location. 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 fifteen (15) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A & B", 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 & B”. Additional task groups, not shown in Table 1 or Appendix “A & B”, 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 & B, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,140. DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 August 14, 2019 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT FIELD TOPOGRAPHY OF CUL-D-SAC TASK GROUP Unit Price Locations TIME & MATERIALS Research Record Maps $95 2 $190 Locate & Tie-in Records $175 2 $350 Establish NAD 83 Horizontal & NGDV 29 Vertical Control $350 2 $700 Field Topography $1,050 2 $2,100 Preparation of Base Map $570 2 $1,140 Boundary Calculations & Note Reduction $190 2 $380 Supervision & Coordination $140 2 $280 TOTAL (Not-to-Exceed) $5,140 /// /// /// /// /// /// /// /// DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 PSA19-587CA City Attorney Approved Version 7/19/17 3 CONTRACTOR RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Schlumpberger / President Michael Schlumpberger / Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 August 14, 2019 PSA19-587CA 4 Appendix “A” Scope of Services DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 PSA19-587CA 5 Appendix “A” Cont. Scope of Services DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 PSA19-587CA 6 Appendix “B” Project Locations Cul-D-Sac by 2341 Longfellow Road Scope of work to include all identified areas with an emphasis on the address noted in the photo. 2341 Longfellow DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 PSA19-587CA 7 Appendix “B” Cont. Project Locations Cul-D-Sac by 6507 Avenida del Paraiso Scope of work to include all identified areas with an emphasis on the address noted in the photo. 6507 Avenida del Paraiso DocuSign Envelope ID: 8900DC22-5A27-410F-9070-802CD619BC15 ~ RIGHT-1 nPrn-.c:1-ACORD" CERTIFICATE OF LIABILITY INSURANCE [ DATE (MM/DD/YYYY) ~ 01/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer riohts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 jRlil~cT Ron Schlumpberger NFP Property & Casualty Svcs tA~8.Nto, Ext): 503-397-0714 I r.:i~. No),503-397-067_4 __ 61 Plaza Square St. Helens, OR 97051 ~oMlJ~""· Ron Schlumpberger INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Ohio Security 24082 INSURED Right-Of-Way Engineering INSURER 8, Continental Casualty Company 20443 Services, Inc. INSURER c, Sentenial Insurance Co., Ltd. 11000 615 S. Tremont St INSURER D, American Fire & Casualty Co 24066 Oceanside, CA 92054 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. 1N3[ TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY =□ CLAIMS-MADE [Zj OCCUR ....... ------------~ ------------GEN'L AGGREGATE LIMIT APPLIES PER: rx7 POLICY□ ff Pr □ LOG n OTHER· ~TOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS ~a~iw~lfj D JS.. UMBRELLA LIAB I X I OCCUR EXCESS LIAB n CLAIMS-MADE DED IX I RETENTIONS 10,000 y BKS57443227 USA57443227 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) □y IN y 52 WEC ER8804 NIA If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liab Claims Made LSH288314506 LIMITS EACH OCCURRENCE s 1,000,000 1112012018 1112012019 ~'ru]~~~~Li.;•'-----1_,o_o_o_,o_o___,o MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S J.,.!;NERALAGGREGATE S PRODUCTS. COMP/OP AGG S 1,000,000 2,000,000 2,000,000 COMBINED SINGLE LIMIT j.JE~cidlill,.,__11 ____ +=-s-------1 BODILY INJURY /Peroersonl $ BODILY INJURY /Per accidenl1 $ PROPERTY DAMAGE I Per accident) S EACH OCCURRENCE s 4,000,000 11/20/2018 11/20/2019 l-'A'-"G""G"'R""E""GA"'T""E ____ -+"s ___ 4_,_o_oo_,_o_oo s X I ~f~, ITF I I ,PJH-02/01/2019 02/01/2020 E.L EACH ACCIDENT E.L. DISEASE· EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT s 11/20/2018 11/20/2019 Per Claim Agg 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Ro marks Schodolo, m•y be attached If moro spaco is roqoirod) City of Carlsbad, its officials, emP.loyees and volunteers are additional insured on the general liability with respect to insureds operations per attached endorsement CG8810 0413. Waiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER I City of Carlsbad/CMWD c/oEXIGIS Insurance Compliance Services PO Box 4668 -ECM#35050 New York, NY 10163--4668 ACORD 25 (2016/03) CITYCA3 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo·are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac-ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. 8. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. 1. Name: CITY OF CARLSBAD/ CMWD 2. Address: C/O EXIGIS INS COMPLIANCE SERVICES PO BOX 4668 -ECM35050 NEW YORK, NY 10163 3. Number of days advance notice: 30 SCHEDULE All other terms and conditions of this policy remain unchanged. © 2011 Liberty Mutual Agency Corporation. All rights reserved. CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy~ BKS57443227 CO~IMERCJJ\L GHIERAL UMJILITY CGB8100<l1J THIS E~/DOl<SEMENT CHANGES THE POLICY. PU:ASERt:AD IT CAREFIJLL'/. COMMERCIAL GENERAL LIABILITY EXTENSfON This endorsement modifi8s insurance provided under !he fol/oviino: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAr'T NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -1::LEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Ten;int's Properly D;image) MEDICAL PAYMENTS EXTEl✓SION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUl<EDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY /IND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSIOI✓ ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUf, "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERROf<S/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCl:S l{NOWLEOGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REOEl=INED EXTENDED PROPERTY DAMAGE. WAIVER OF TRANSFER Of RIGHTS OF RECOVERY AGf\/NST ornrns TO us -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU @ 20·13 Uberly /vlulu2I Insurance CG 00 iO Q,J 13 Includes copyrighled n,;Jlerial of lnsura·nce Services O//ice, Inc., wilh ifs permission, 7 2 2 Pane ·1 of D Willi respecl lo coverage afforded by !his endorsemenl, lhe provisions of lhe policy apply unless modilied by the endorsemenl. A NON-OWNED AIR.CRAFT = = = ::-B. = Under_ Paragmpl1 2. Exclusions of Section I -Coverage A -Bodily Injury And ·Properly Damage Liability, exclusion g. Aircraft, Aulo Or Watercrail does not appl\• lo an aircraft provided: 1. It is nol owned by any insurnd; 2. Ii is hired, charlered or loZJned Willi a trained paid crew; 3. The pilot in command holds a currenlly effeclive cerliflcale, issued by !he duly consliluied ;wlhorily of lhe United Slates of America or CanarJa, designating her or him a commercial or airline pilol; nnd .4. I1 ls not being used lo carr; persons or property for "charge. However, lhe insurance afforded by this provision does not apply if lhnre is available lo the insured other valid and colleclible insurance, wlielher primary, excess (other than insurance wrillon lo apply specifically in excess of lt1is policy), conlingenl or an any olher basis, that would also apply lo Ille loss covered under !his provision. NON-OWNED WATERCRAFT Under Paragrapl1 2: Exclusions of Section I• Coverage A. Bodily Injury And Prop~rly Damage Liability, Subparagruph /2) of exclusion g. Aircraft, Auto Or Watercraft is reolaced by Ille following: This exclusion docs no/ apply lo: (2) A watercrilft you do nol own Iha! is: /a) Less lhan ·52 feel long: nnd /b) Not being used lo cc1rry persons or properly for a charge, C. PROPERTY DAMAGE LIABILITY. ELEVATORS. ·f. Under Paragraph 2, Exclusions of Section I -Coverage fl -Bodily Injury And Properly Darnilgc Liabil-ity, Subparagraphs /3). /4) and (G) of exclusion j. Oumilgc To Propcriy do nol apply if such "properly dnmnge'' resulls from lhe use of e/evalors. For lhe purpose of this prO\,ision, elevators do nol lnclude vehicle lifts. Vehicle lif1s are lifls or hoists used in aulornobile service or repair operalions. ?.. The following is added lo Section IV -Commercial Genen1i Liability Condilions, Condilion •I. Other lnsurnnce, Paragraph b. Excess lnsur~nce: The ins'urance afforded by this provision of !his endorsemr.nl is excess over any properly insurance, whelher primsry, excess, contingenl or on apy olher basis, D. EXTENDED DAMAGE TO PROPERTY RENTElJ TO YOU (Tcnanl's Properly Damage) If Damage To Premises Flenled To You is nol olherwis~ excluded from this Coverage Parl: ·1. Under Paragraph 2. Exclusions of Section I -Coverage A • 8 odily Injury and Properiy Damage Liability: a. The fourth frorn lhe las! paragraph of e:,clusion j. Dumage To Properly is rep/aced by lhe follow-ing: Paragraphs (1), (3) and (J\) of lhis exclusion do no\ apply lo "proper1y damage·• ·(other lr1ail damage by fire, lightning, explosion, smoke, or leakage .from an automatic nre proleclion syslern) lo: /i) Premises renled lo you for a period of ?'or fewer consecutive days: or (ii) Conlenls !hat you rent or lease as p2rl of a premises renlal or lease agreemenl for i1 period of more lhan 7 days. Paragraphs (1), (3) and (<1) of lhis exclusion do nol apply lo "property damage'' lo conlr.n(s of premises rented to you ior a period of 7 or iewer consecutive days. A separate limit of insurance applies lo Ibis coverage as described in Seciion Ill -Limits of Insurance. © 2013 Liberty ,vlulual lnsuranCB CGD0100~13 Includes copy1i9hled malerinl o/ lnsu1ance Services Oifice. Inc .. with ils permission. b. The last paragraph of subseclion 2. E;,;clusions is replaced by the following: Exclusions c._ lhrough 11. do nol apply lo damage by lire, lighlning, explosion, smoke or leakage rrom ~utomatrc_ ri_re proteclion syslerns lo premises whila rented lo \'□ u or lemporarily occupied by you \'/llh perm1ss1on of lhe owner. /\ serarale lirnil of insurance applies la Damage To Premises Ren led To You as described in Scclion Ill -Umils Of Insurance. 2. Par3graph G. undcr Section 111 • limits Of Insurance is r2placed by Ille following: 6-Subject lo Paragraph 5. above, lhc Damage To Prr.mises Renled To You Limit is the mosl ,,,e l'lill pay under Coverage A (or damages because of "propcr1y damage" lo: u, Any one premise: /1) While rented lo you; or 12) While renled to you or lemporarily occupied by you with permission of Iha owner for damage by fire, lightning, explosion, smol<e or leakage /rom aulomillic proleclion syo-lems; or b. Contents !hat you renl or lease as pan o/ 2 premises rental or /ease vgreemenl. 3. As regards coverage provided by !his provision D. EXTENDED DAMAGE TO PROPERTY REl·ITED TO YOU /Tenant's Property Dilmage) -Paragraph 9.a. of Dc/inilions is replaced with the following: 9.a, A conlracl for a /aase of premises, However, lhal por1ion of lhe conlracl for a lease of premises lhal indemnifies any person or organizalion for demage by rire, lighlning, explosion, smoke, or le;;kage from automalic rire proteclion systems lo premises while rented lo you or lcmpornri/y occupied by you wilh the permission al the owner, or for damage lo contents of such premises Iha I are included in your premises rental or lecJse agreement, is not an '"insured conlrncl". E. MEDICAL PAYMENTS EXTENSION If Covcruge C Medic.JI Puyrnenfs i~ nal alherwise excluded, lhc Medical Payments provided by lhis policy are amended as fallows: Under Parngraph ·t. Insuring Agreement of Section I -Coverage C -Medical P;iyments, Subparagrnph rb) of Paragrnph u. Is replaced by lhe iollawing: (b) The expenses are incurred and repor1ed within lhree years of Ille dcJle of lhe accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under SupplemcnturJ Payments -Coverages A and B, Paragrapl1 1.b. is replaced by the following: b, Up to $3,000 for casl of bail bonds required because of accidenls or lrafnc lcJw violations arising oul of the use of any vehicle la which lhe Bodily. Injury liabilily Covernge applies. We do nol ha,,e lo fu1nish these bonds. 2. Par.igraph 1.d. is replaced by the following: d. All reusonab/e expenses incurred by 1hr. insured al our rnquesl lo assisl us in Iha invesligalion or defense of lhe claim or ''su/I", including · actual loss o( earnings up lo ~500 a day because oi lime o(f from work. G. ADDITIONAL l~/SUREDS -BY CONTRACT, AGREEME:NT OR PE/iMIT ·1. Pa1agraph 2. under Section II -Who ls An Insured is amended to include as an insui-ed ilny person or organization whom you hcJve agreed lo add as un additional insured in a wrillen contract, \Willen agreement or permit. Such person or organizotion is an addilional insured l;ut only wilh respect lo liability ior "bodily injur/', "properly damage'' or "personal and adverlising injury" caused in whole or in par1 by: a. Your acls or omissions, or lhe acts or omissions of those acling on your bel1illf, in the performance of your on going cperalions for lhe additional insured lhal are lhe subjecl of the wrillen conlracl or 1vrillen agreement provided lhal the "bodily injury" or "proper1y danrnge" occurs, or /he "per-sonal and adverlising injury" is committed, subsequent lo the signing or such wrillen conlracl or written agra0ment; or © 2013 Liberty Mutual Insurance CG 80 10 o,/ 13 Includes coµyrighlcd mnlcrial o/ lnsur2ncc Services Office, Inc., '1ilh ils permission. = = b. C. d. Premises or raci/ilies renled by you or used by you; or The maintenance, operation or use by you of equipmenl renled or leased lo you by such pcr5on or 019aniza!ion; or Operations performed liy you or on your behalf for \'1hich \he sla\e or poli\ical subdivision /Jc1s issued a permil subjecl lo lhe following additional provisions: (1) Thi~ _insu'.ance does not npply lo ''bodi!y injury", "properly damage", or "parsonal and ad-veriis1n9 injury'' arising oul al Iha operntions performed for lhe slale or political subd'1vision; (2) This insurance does not apply lo "bodily injury" or "properly · damage'' included wilhin lhe "cornpleled op~rnlions haz;:ird". (3) Insurance applies lo premises you own, rent, or conlrol bul only wilh respecl to lhe iollowing hazards: (a) The existence, maintenance, repa:ir, conslruc/ion, ereclion, or removal o/ advertising signs, a1vnings, canopies, cellar enlrances, coal holes, dri•1eways, manholes, marquees, hoisl away openings, sidev1a/k vaults, slreel banners, or decoralior,s and similar e:<po-sures; or (b) The conslruclion, erection, or removul of eleV8lors: or /c) The ownership, mainlencnce, or use of ,lily elevalors cove,ed by !his insurance. Howeve,: 1. The insurance afforded lo such additi□ncJI insured only applies lo l/ic o:<lenl permilled by law; and 2. If coverage provided lo lhe ad di lion ill insured is requirnd by c1 conlrnct or ugrec>menl, lhc insur-ance afforded to such <1dclilional insured will not be broader lhan Iha! which you are requi,ed by the contract or agreemenl lo provide /or such addilional insured. · Willi respecl lo Paragraph 1.a. above, a person's or organizalion's slalus as an addilional insu,ed under lhis endorsemenl ends when: (1) /\II work. inc/•Jding materials, purls or equipment furnished in conneclion 111ilh such work, on lhe projocl (olher · 1han service, ,nainlenance or repairs) lo be performed by or on behalf or lhe addiliorrnl insured(s) al lhe localion or lhe covered opera/ions has been compleled; or (2) Trial portion or "your work" au! of which the injury or damagr. misr.s has been pul lo ils intended use by any person or orgunization a/her lhan another conlrc1ctor or subconlraclo, engaged in performing operalion_s ror a principal as a pari of lhe same project. Wilh respecl lo Paragraph 1.b. above, a person's or organizalion's slatus as an addilionnl insured under lhis endorsemenl ends wilen lheir ,willen conlracl or written ugreemenl with y□lJ for such premises or rncililies ends. With respects lo Paragraph 1.c. above, this insurance does not apply lo ilny "occurrence" which lakes place alter the equipment renlal or lm1se agreement has expired or you have returned such equipment lo lhe lessor. The insurance provided by lhis endorsement applies only if lhe ,willen conlracl or wrilten agreemenl is signed prior lo lhe "bodily injury" or "properly damage", We have no duly to defend an additional insured under !his endorsement unlil we receive wrillen no/ice of a "suil" by ihe additional insured as required in ·Paragraph b. al Condilion 2. Dulles In lho Event Of Occurrence, Offense, Claim Or Suit under Sec/ion IV -Commercial General Liability Condi-lions, © 2013 Liberty ivlulual Insurance CG00100'113 Includes coryrighled ma!etial ol Insurance Service, 0/fice, Inc., \'/ilh lls permission. Page •1 o/ 6 2. With respecl lo the insurance pro•,ided by lhis encJorsemenl, the following are ac.Jded to Paragriloh 2. Exclus1on5 under Section I -Coverage A -Bodily Injury And Properly Damage liability: · This insurance does no! apply to: 8• 11Bodify injury" or "properly damage" arising from !he sole negligence of !he addilional insured. "Bodily injury" or "properly damage" that occurs prior lo you commencing opera/ions al lhe location where such "bodily injury" er "proper1y d<Jmag~" occurs. l,, c. "Bodily injury", "properly ifamage" or "person<JI and advertising injury" arising oul o/ llw render-ing of, or lhe failure lo render, any professional archilectural, engineering or surveyino se01ices, including; (1) The preparing, approving, or failing lo prepare or approve, maps, shop drawings, opinions, reporls, sUJveys, neld orders, change orders. or drawings and speci/icalions; or (2) Supervisory, inspeclion, archileclural or engineering aclivilies. This exclusion applies even if !he clc1irns againsl any insurec.J allege negligence or o/l1er wrongdoing in !he supervision, hiring, employment, training or nioniloring of others by lilal insured, if Ille "occur-rence" which caused the "bodily injury" or "prorerty damilge", or the oiiense which caused ·111e "personal and adverlising injury", involved /he rendering of, or lhe failure lo render, any professional archileclural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring afler: (i) All work. including malerials, parts or equipment furnished in conneclion wilh such .\'/ork, on Ills project (ollier /hon service, mainlonance or repairs) lo be performed by or on behalf of Ille addilional insured(s) al the locc1lion of lhe covered opera lions has been cornpleied: or (2) Tha I porlion of "your worl<" out of which \11e injury or darnag13 arises has. been pul lo ifs inlended use by any person or organizalion olher llrnn ,mother conlraclor or subconlraclor engaged in performing opera lions for a principal as a part of the same projecl, e. Any person or orgnniza\lon specifically designaled as an addilional insured /or ongoi_ng opernilons by a separal<" ADDITIONAL INSURED -OW~JERS, LESSEES OR CONTRACTORS endorsemcnl is-sued by us and made a par! of lhis policy. 3. Wilh respect lo !he insurance afforded lo lhes2 arJdilional insureds, ll1e following is added lo Sec/ion Ill • Limits 0/ Insurance; If coverage provided -lo lhe addilional insured is raquirecl by ·a conlracl or agreernenl, lhe rnosl we will pay on be/lair of /he addilional insured Is !he amounl of inr.urnnce: a. Required by the conlracl or agreemenl; or b. Available under the applicable Limil; of Insurance shown in Ille Oeclaralions; whichever is Jess. This endorsement sh;:ill not increase lhe applicable Limils ol Insurance shown in Ille Declaralio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL lt,SURED EXTENSION This provision applies lo any person or organi22lion who qualifies as an addilionc1I insured under any form or endorsement under /his policy. Condi!ion ,J. Other lnsur.;nce of SECTION IV · COMMERCIAL GENERAL LiABILITY CONDITIONS is amend-ed as follows: a. The following Is added lo Paragraph a. Primary Insurance: If an addilional insured's policy has an Olher lnsuwncc provision m2king ils policy excess, and you have agreed in a writ/en conlracl or writlen agreernenl lo provide the addilional Insured coverage on a primary and noncontribulory basis, !his policy shall be primary and we will nol seek conlribulion from lhe addilional insured's policy for damages we cover. © 2013 Libedy Mulual Insurance CG881004'13 Includes copyrighted 111alerial ol ln,urance Services Oilice. Inc., wilh ii, pc1mission. Pugc5of0 = -=--= = --~ = b.. The following is added lo Paragraph b. Excess lnsur,rnce: Whan a 1vrillen contract or written 8gr<!emenl, other lhan s premise~ lease, facilities rental conlracl or agree~~nl, an cquipmenl rental or lesse conlrncl or ugreemenl, or permit issuad by a stair. or political subd1v1s1on between you and an ,Jddilio,rnl insure.cJ does nol require lhis insurance lo be p1irnary or primary_ and non-conlribulory, !his insur;ince is excess over any other insurance for which lhe addi-l1onal insured is designated as a Named Insured. RegiJrdlcss or lhe \'I/ii/en c1greemenl · belween you and jn additional insured, lhis insurance is excess over. any other insurance whelher primary, excess, conlingenl or on any oilier basis for which the add1i1onal insured has been added as an addilional insured on olher policies. ADDITIONAL INSUREDS -EXTENDED PIWTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies lo any person or organirnlion v1ho qualifies as an addllional insured under any form or endorsement under !his policy. 1. The following is added to Condition 2. Duties In Tile Event Of Occurrence, Offense, Claim or Suil: An addilional insur_ed under I his endorsemenl will as soon as pr aclicable: a. Give wrillen notice or an "occurrence" or an offense Iha! may resuli in a clain1 or "suil" under lhis insurance lo us; b. Tender lhe defense and indemnily ol any claim or "suit" lo all insurers whom also liave insurance available lo !he adciilio11al insured; and c. Agree lo make availc1ble any oilier insur"ance v,hich lhe mJdilional insurec! has tor a loss we cover under !his Covernge Parl. d. We have no duly lo defend or indemniry nn c1dd1lional insured under lhis endorscmcnl unlil we receive wrilten nol/cc of a ''suit" by !he addilion.il insurncJ. 2. The limits or insurance· c1pplicable lo lhe additional insured □re \hose specified in a written conlract or written agreemenl or lhe limits of insurance as slaled in lhn Declarnlions of this policy and deiined in Scclion Ill -Limils of Insurance oi this policy, wliichc,ver are less. Thesa limils are inclusive of c1nd not in 8ddilion lo !he limils of insurance available under lhis policy. J. WHO IS /\N INSURED -INCIDENTAL MEDICAL EflRORS / MALPRACTICE WHO IS AM INSURElJ -FELLOW EMPLOYEE EXTENSIO~J -M1\N1\GEMENT EMPLOYEES Paragraph 2.a.(1) of Scclion II -Who Is An Insured is replaced wilh the followiny: (1) "Bodily injury" or "personal ano' adverlising Injury": {a) To you, to your partners or members (if you arc a parlnership or join! venture), to your members (ir you are a limited liability company), lo a co-"emplo\'fle" while in the courso of his or her employ-ment or performing duties reluled lo tlw conducl of your business, or lo your olher "volunleer workers" while performing dulies related to lhe conduct of your business; (b) To the spouse, child, parent, brolher or sisler of thal co-"employee" or "volunteer worker" as a consequence or Peragraph ('I) (a) above; /c) For \\lhich !here is any obligation lo share damages with or repay someone else who mus! ,o3y damages because of Ille injury described in Parngrnphs ('1) {a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional heallh cc1re se/\lices. However, if you are no! in !ho business of providing professional lrnall/J care services or providing prores-sional hoallh care personnel lo others, or ii coverage for providing professional heallh care ser-vices is not otherwise excluded by separale endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (bJ above do ncl apply lo "bodily inju1y" or "personal c1nd advertising injury" caused by an "employee'· who is acling in a supervisory capacily' for you. Supervisory capacily as used herein moans lhe "employee's" job responsibililies assigned by you, includes the direct supervision of olher "employ-ees'' oi yours. However: none· of lhese "employees" are insureds for ''bodily injury'' or "personal and © 2013 Liberty Mutual lnsurnncc CGBO·foo,ti3 lnclLides cooyrighled material oi Insurance Services O/licc, Inc., l'1ilh ils permission. Pa~c 6 or 8 adveri.ising injury" ar1s1ng out of lheir ,.,,lliul conduct, which 1s defined as !tie purposeful or willful 1nlent lo c,1use "bodily injury" or "personal 3nd 2dverl1sing injury", or caused in whole or 1n part by their inloxicil• lion by liquor or controlled subslunces, The coveroge provided by provision J. is excess 0•1er any other valid and colleclable insurnnce a•1allable to your ''employee". · K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3, of Section 11 -Who Is An Insured is replaced by lho following: 3 -Any organiza lion you newly acquire or form nnd over which you maintain ownership or majority inleresl, will qualify as 2 Named. Insured if Ilion, is no oilier similar insurance available lo lhal organizalion, However: "· Coverage under lhis provision is afforded only unlil the expiralion of the policy period In which lhe Gntity was acquired or formed by you; b. Cavern g e A cJoes not apply lo "bodily injury" or "properly damuge" lhc1t occU/red before you acfjuimd or formed lhe organizalion; and c. Coverage B does not apply to "personal and udverlising injury" arising oul of an offense comrnillecJ before you acquired or formed the organization. d. Records and descriptions of operations musl be rnainlained by lhc nrsl Named Insured. No person or organizalion is an insured wilh respect lo the conduct oi any current or past parlnership, joint venlure or lirnlled liability company thal is nol shown as ~ Named Insured in lhe DP.c/aralionG or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE. HAZARDS AND PRIOR OCCURRENCES Under S~ction IV -Commercic?I General Li.1bility Conditions, /he /allowing is added to Condilion G. Repre-sentations: Your lailure lo disclose all hazards or prior "occurrences" eXifilin!J as of lhe inceplion date of lhe policy shall nol prejudice /he coverage afforded by this policy provided such failure lei disclose all ha2nrds or prior ''occurrences" is noi inteniionoi. M. l{NOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Uwbility Conditions, the following is added lo Condition 2. Dulles In The Event of Occurrence, Offense, Cli'lim Or Suit: l<nowlcdge oi an "occurrence", oliense, claim or ''suit" by an agenl, servant or "employee" of uny insured shall not in ilself conslilule l;r.owledge of the insured unless an insured /isled under Pmagraph 1. of Section l/ -Who Is An Insured or a person who has been designaled by them to receive reporls of "occurrences", of"/enses, claims or "suits" shall have received such no/ice from lhe agenl, seNanl or "employee". N. LIBERALIZATION CLAUSE Jr we revise lhis Commercial General Liability Exlr,nsion Endorsemenl lo provide more covernge wilhoul additional premluni charge, your policy will aulomalically provide the coverage as of tl1e day lhe revision is effective in your sl0te. 0. BODILY INJURY REDEFINED Under Section V • Definitions, Oerinilion 3. is replaced by the following: 3. ''Bodily Injury" means physical injury, sicknoss or disease sustained by a person. This includes mental anguish, ment0I injury, shock, fright or d9ath that results from such physical injury, sick-ness or disease. © 2013 Liberly Mulual lnsu(ance CG BD 10 04 ·13 Includes copyrighted rn.ilcrinl of lnsur;1nce Se:vb,, Ollice, Inc., wilh ils permission. Pa9e7ofB P. EXTHIDED PROPE/TfY DAMAGE Q. Exclusion a. o/ COVERAGE A. BODILY INJURY ANO PROPERTY DAM!\GE Ll/1BILITY i.; replacer! by /he loll owing: a. Expected Or Intended Injury "Godily injury" or "property damBge" expecled or inlended from lhe slandpoinl of the insured. This exclusion does no{ apply lo "bodily injury" or "properly dwmage·' resviling from lhe use of reasonable iorce lo· protecl persons or propeily. WAIVER OF TRANSFER OF RIGHTS OF RECOVEnY AGAINST OTHERS TO US -WHEN REQUIRF.D IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial Gcnenil Li~bilily Conditions, /he following is added lo Condllion 0. Tn1ns-fer Of Rig his Of Recovery i\gillnst Oihers To Us: We W8iYtJ any right of recovery we may have against a parson or organizalion because of paymenl; 1•;e make for injury or damage arising oul of your ongoing operalions or "your work" done under a contracl with Iha! person or organi,:~lion and included in lhe ''producls-compleled operalions hawrd" provided: 1. You and thal person er organization have agreed in wrilillg ill il contrar.l or agreemenl lhal you waive such righls against thal person or organizalioll; and 2. The injury or damage occurs -subsequenl lo lhe execution of lhe wrillen conlracl or wrillen agrce-menl. © ?.013 LibEr1Y l,lulual lnsurnnce CGOB10041J Jnclut!es copyrighted m3lerial al Insurance Servic1,s Ofnce. Inc., wilh ii; permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ER8804 Endorsement Number: Effective Date: 02/01/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE CA 92054 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 Countersigned by --------------,-----------Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/23/18 Policy Expiration Date: 02/01 /20 PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6608 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right- of-Way Engineering Services,Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Topography Survey in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated April 10, 2019, (“proposal”), attached as Appendix "A" for the North West Qudrant Storm Drain 2019 Bundle Survey, (the “Project"). The Project services shall include Land Surveying Services for Ten Project Locations to Support Northwest Quadrant Storm Drain (NWQSD) Program. Appendix “B” has detailed information for each project location. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within Five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). 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 $44,040. DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D May 15, 2019 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D PSA19-587CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT LAND SURVEY 10 SITES TASK GROUP TIME & MATERIALS Research Record Maps $2,280 Locate & Tie-In Records $3,500 Establish NAD 83 Horizontal & NGVD 29 Vertical Control $2,800 Field Topography $21,700 Preparation of Base Map $10,640 Boundary Calculations & Note Reduction $2,280 Supervision & Coordination $840 TOTAL (Not-to-Exceed) $44,040 CONTRACTOR Right-of-Way Engineering Services, Inc. Right-of-Way Engineering Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Schlumpberger, President Michael Schlumpberger,Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D May 15, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net April 10, 2019 Mr. Daniel Zimny City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography for storm drain improvements at 10 sites as identified in the PDF file titled “PSA19-587CA Task 1 - North West Quad Survey Request” emailed April 8, 2019. Mr. Zimny, Per your request, I have prepared a scope of work and related fees to complete topographic surveys and base map preparation for each site. Scope of work – 10 sites Task Hours Cost 1.Research record maps and as-built drawings on file with the 24.0 $2,280.00 County of San Diego and City of Carlsbad. Request as-built utility maps from utility companies. 2.Locate and tie in record monuments to orient record property 20.0 $3,500.00 boundaries, street centerlines and right of way lines. Identify existing monuments that may be destroyed by construction. 3.Establish NAD 83 horizontal and NGVD 29 vertical control on 16.0 $2,800.00 the project site based on the City of Carlsbad control. 4.Field topography covering the areas within the “limits of survey” 124.0 $21,700.00 shown on the PDF titled “PSA19-587CA Task 1 - North West Quad Survey Request” with modifications to site 8 as discussed via email dated April 9, 2019. Topography will include visible trench lines, storm drain catch basins, existing manholes with detailed pipe sizes and invert elevations. All curb, gutter, lip, driveways, walls, walks, concrete, asphalt, and surface utilities will also be included. 5.Preparation of base map at 1”= 20’ feet with 1’ contours, 112.0 $10,640.00 existing ground profile, (1”=4’ vertical) existing property lines, addresses, and right of way lines. Utilities will be plotted based on as-built plans, surface utility locations and available markout. 6.Boundary calculations and note reduction 24.0 $2,280.00 7.Supervision and coordination 6.0 $840.00 Total (time and material) not to exceed $44,040.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D APPENDIX "B" PROJECT LOCATIONS DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D @ @ @ N N N §| !!­ !!­ !!­ !!­ !!­KREMEYERKREMEYERBUENA VISTABUENA VISTA9B-S293 9B-49 9B-S296 9B-44 9B-45 9B-48 9B-63 9B-J290 9B-J294 9B-J295 9B-J291 9B-J292 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment UnitStorm ChannelChannelType Channel Connectivity Flow Ditch Swale I- 5DAVISBUENA VISTA OAKM A DIS O N CYNTHIA S TA TE PIO PICO BEECHH O P ER O O SE VELT STRATFORD PACIFICLANAI PINEJEFFERSONO C E A N LAGUNACARLS BADHIGHLANDKNOWLES GRANDTUTTLEI- 5 I- 5 M A DIS O NO AKI-5 PINEI-5 OAKSTATE PINEI- 5 I- 5 I-5 STATE I-5 I-5 OAKBuena Vista Circle Drainage Improvement 0 50 10025Feet 6608 ± PROJECT DESCRIPTIONImprove the drainage condition of Buena Vista Circle through the installation of a comprehensive drainage system including a cross gutter and infiltration swale. SITE 1 Photo Point 2 Photo Point 1 DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #1 Proposed Cross Gutter No potholing anticipated As-builts of existing pipe Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D "!±b $1 *)N *)66 IN RCPSTATE ST ALLEY S T A T E 9B-S263 9B-6 9B-8 9B-57 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal PipeCured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel DAVISM A DIS O N STATE TYL E RBEECHR O O S EV E LTPACIFIC LIN C O LNOAKCARLSBADO CE A N W A S HIN G TO N LAGUNA PINEG A R FIE L D TUTTLEHOMES TA TE M A DIS O N ST ATE PACIFIC OCEAN State Street D-25 0 5025Feet SITE 2 ± PROJECT DESCRIPTION Proposed Pipe Alignment Convert the existing D-25 to a curb inlet to service drainage from street and privatelot. Existing conditon creates street ponding and backs water into private lot. Luginto existing 66 Inch RCP. Photo Point 1Photo Point 2 DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #2 Assumed 4 potholes along proposed lateral No Geotechnical analysis anticipated As-builts of existing utilities in State Street. Limits of Survey As-builts of existing conveyance and structures DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D $1$1$1 *)*)*)*) N NNNN NN N N N N *) "?B "?B"?B !!­ !!­!!­ A-19 PRIVATEGARF I EL DGARFIELDMOUNTAIN VIEW O C E A N O C E A N NORMANDYPACIFIC9A-S2209A-S221 9A-S222 9A-24 9A-26 9A-22 9B-61 9A-28 9B-62 9A-1 9A-159A-16 9A-209A-21 9A-23 9A-259A-27 9A-S219 9A-S2259A-S226 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit DAVISM A DIS O N STATE TYL E RBEECHR O O S EV E LTPACIFIC LIN C O LNOAKCARLSBADO CE A N W A S HIN G TO N LAGUNA PINEG A R FIE L D TUTTLEHOMES TA TE M A DIS O N ST ATE PACIFIC OCEAN Pacific Gutterline Improvements 0 50 10025Feet SITE 3 ± Text PROJECT DESCRIPTIONInstall aprox. 700 LF of rolled curb and gutter along the south side of Pacific Streetto reduce erosion along existing pavement. Parking areas to be rocked to providearmouring of exposed dirt. Rolled curb to transition to a cross gutter and curb/gutterat east and west terminus. Proposed Rolled Curb and Gutter DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #3 Geotech analysis for pavement recommendations and infiltration rates. Assume 3 boring locations. No potholing anticipated Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D $1 *)*) *) N "?B "?B "?B !!­CARL SBADPACIFICCYPRESS B E A C H A C C E S S O C E A N G A R FIE L D 9C-2 9C-1 9C-S2019C-S202 9C-S203 9C-3 9C-S200 9C-5 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit DAVISM A DIS O N STATE TYL E RBEECHR O O S EV E LTPACIFIC LIN C O LNOAKCARLSBADO CE A N W A S HIN G TO N PINELAGUNA G A R FIE L D TUTTLEHOMES TA TE ST ATE PACIFIC OCEAN Cypress Gutterline Improvements 0 50 10025Feet 6608 ± Text PROJECT DESCRIPTIONInstall aprox. 600LF of rolled curb and gutter along the north and south sides of Cypress Street to reduce erosion along existing pavement. Parking areas to be rocked to provide armouring of exposed dirt. Rolled curb to transition to a cross gutter and curb/gutter at east and west terminus. Proposed Rolled Curb and Gutter SITE 4 DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #4 Geotech analysis for pavement recommendations and infiltration rates. Assume 4 boring locations. No potholing anticipated Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D $1 *)B N !!­ O C E A N C YP RE SS B E A C H A C C E S S 9C-59C-3 9C-4 9C-1 9C-S200 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal PipeCured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel DAVISM A DIS O N STATE TYL E RBEECHR O O S EV E LTPACIFIC LIN C O LNOAKCARLSBADO CE A N W A S HIN G TO N PINELAGUNA G A R FIE L D TUTTLEHOMES TA TE ST ATE PACIFIC OCEAN Cypress / Ocean Drainage 0 5025Feet 6608 ± PROJECT DESCRIPTIONImprove the drainage condition of the intersection of Ocean and Cyrpess to remove standing water. This may be accomplished through the installation/repair of surfaceimprovements, area drain or green infrastructure. Proposed Pipe AlignmentProposed Area Drain SITE 5DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #5 Geotechnical testing for infiltration (assume 2 borings). Potholing (assume 4 locations) for potential subsurface improvements. As-builts of existing utilities in State Street. As-builts of existing conveyance and structures Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D @*)*) *)*)CARLSBAD VILLAGEW A S HIN G T O N S T A T E S T A L L E Y 9D-S4439D-128 9D-459D-44 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal PipeCured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel DAVISM A DIS O N STATE TYL E RBEECHR O O S EV E LTPACIFIC LIN C O LNOAKCARLSBADO CE A N W A S HIN G TO N LAGUNA PINEG A R FIE L D TUTTLEHOMES TA TE M A DIS O N ST ATE PACIFIC OCEAN Washington Gutterline Improvement 0 5025Feet 6608 ± PROJECT DESCRIPTION Proposed Pipe Alignment Alleviate nuisance ponding along the Washington Gutterline through thecombination of Curb/Gutter replacement with an area drain and possible green street planter box. Proposed Area Drain Proposed Planter Box SITE 6DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #6 Geotechnical testing for infiltration (assume 2 borings). Assumed 6 pothole locations As-builts of existing utilities in Carlsbad Village Drive. As-builts of existing conveyance and structures Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D *)*)*)*)*)*) N "?B "?B "?B "?B "?B "?B !!­ !!­ !!­ V A L L E Y B O NITABONITA VALLEYST JAMESFRAZIERJ A M E S 10B-54 10B-47 10B-51 10B-48 10B-S21510B-S216 10B-S217 10B-S241 10B-S242 10B-S243 10B-S244 10B-S245 10B-49 10B-50 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal Pipe Cured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel I-5 ADAMSEUREKAOAKHI G H L ANDCYNTHIA PIO PICO M C KIN LEY STRATFORD B R A D YLIDONEWLANDH A R DIN G MAEZEL H ILLV IE WFRAZIERBASSW OODYADAWO O D L A N DPINE MONROE S P A NIS H CANYON VALLEY KNOWLES JAMESBUENA VISTA CHE STNU TPINEI- 5 PINEOAKVALLEYPINEI- 5 I- 5 I- 5 I-5 I- 5 I- 5 OAKI- 5 OAKOAKJames Drive Drainage Improvements 0 10050Feet 6608 ± PROJECT DESCRIPTION D-25 asset ID 10B-47 becomes pressurized and lid becomes displaced. Curb pop outs in part of the Valley 5 development causes James Drive to become inudated from curb to curb. A storm drain system needs to be installed to alleviate street flooding. SITE 7 Convert D-25 to Curb Inlet Proposed Storm Drain Alignment DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #7 No Geotechnical analysis anticipated Assumed 10 pothole locations As-builts of existing conveyance and structures As-builts of existing utilities in James Drive and James Court As-builts of existing development, conveyance and structures Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D Project Description: It is understood that the current drainage system work during rain events. The storm drain conveyance will be rerouted within City ROW or City easement. Site #8: 4280 Highland Drive Proposed Storm Drain This property NOT a part of Limits of Survey Limits of Survey Ex Headwall Ex Storm Drain Ex Ditch / Channel Ex Curb Inlet DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D 1 Daniel Zimny From:Daniel Zimny Sent:Tuesday, April 09, 2019 11:56 AM To:'mikes@roweng.net' Subject:RE: City of Carlsbad Master Services Request - PSA19-587CA Project Task #1 Attachments:Sewer Easement Rec# 177427.PDF; Site 8 - Highland-Hoover with easement.pdf Hi Mike,    Thank you for the follow up.     For site 8, you can confine your survey on the private parcels to just the 10 foot wide sewer easement and the existing  storm drain alignment and outfall. The easement area was not shown on the detail I provided you earlier but is  identified as the hatched section in the attached PDF. I’ve also provided the sewer easement for reference. Hopefully  that will cut down on the time required to survey. The street sections of Highland and Hoover will still require survey as  well. To provide you with some project background, we are assessing two alternatives in either rerouting flows down  Highland/Hoover or run parallel with the sewer line through the easement.     For site 10, will need a resurvey of the entire area shown on site map 10. The project is politically driven and high profile  to some so I prefer to get a fresh set of shots within this corridor to avoid missing some alterations over the past few  years. This may seem a little over kill but I’d like to eliminate any risk where I can on this project due to the number of  eyes on it. The flowline shots of the gutter will need to be very detailed as we are tasked to eliminating the ponding that  occurs within this flat section of road.     Thanks again, please let me know if you need to discuss further,         Danny Zimny, P.E, Q.S.D  Associate Engineer   Public Works ‐Transportation Engineering  1635 Faraday Avenue  Carlsbad, CA 92008  760‐602‐7551          From: Michael Schlumpberger [mailto:mikes@roweng.net]   Sent: Tuesday, April 09, 2019 11:07 AM  To: Daniel Zimny <Daniel.Zimny@carlsbadca.gov>  Subject: RE: City of Carlsbad Master Services Request ‐ PSA19‐587CA Project Task #1    Danny,  I visited the sites this morning and have questions on site 8 and 10.    DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D 2 Site 8 – Highland and Hoover  The limits of survey includes 5 private lots, these lots are tree covered, making aerial mapping or drone mapping not effective, due  to the size of the area and complexity of the terrain, structures and vegetation it will be very time consuming to collect conventional  topography covering the entire 5 lot area. I notice the proposed storm drain is in the streets, however the existing  storm drain is  through the private lots. Would it be better to limit the survey area to the alignment of the existing storm drain and streets where  the new storm drain is proposed?    Site 10 – State north of Carlsbad Village Drive  I walked the area this morning, the only change in the area I noticed was a new deck in the right of way on the west side in front of  Vigiluccis. We collected the previous topography after the installation of the storm drain in State Street. What were the things that  were noticed indicating the area has changed since the previous topography?    Thank you    Michael Schlumpberger, PLS  Right‐of‐Way Engineering Services  615 South Tremont Street  Oceanside, CA 92054  (760) 637‐2700        From: Daniel Zimny [mailto:Daniel.Zimny@carlsbadca.gov]   Sent: Monday, April 08, 2019 4:42 PM  To: mikes@roweng.net  Cc: Farhad Bolourchi <Farhad.Bolourchi@carlsbadca.gov>  Subject: City of Carlsbad Master Services Request ‐ PSA19‐587CA Project Task #1    Hi Mike,    I hope all is well and congratulations on being selected for the Carlsbad Master Services list for surveying. I have  compiled a list of ten different locations that require a field survey to support small scale drainage projects. These are  located in the northwest portion of the city and will be confined to the public right of way as delineated by the green  hashed lines shown on the attached survey request packet. Many of these sites will require open cut construction so  mapping of underground utilities would be greatly appreciated.     Site #10 (State Street between Carlsbad Village Drive and Grand) is the only unique location out of the bundle that will  have specific specifications when you survey. I believe you previously shot this location for Sherri Howard back in  2014/2015 and provided the attached base map. There has been significant changes within the ROW since the time of  the last survey that needs to be represented on the final plan.  This street segment has very slight fall and causes  ponding during rain. The city is proposing to place catch basins at specific locations in combination with re‐grading the  gutter flowline. To assist with the design, we will require survey shots of the gutter flow line at the edges of each parking  stall (minimal interval) and the flow line of each contributing area drain. Survey limits this time around is smaller in  comparison to the 14/15 survey as shown in the attached survey request packet.     I understand it may take some time to shoot all ten sites. If so, I am requesting that site #10 be submitted prior to the  remaining 9 as we have prioritized that project over the others.     I believe this would be Project Task #1 under the 2018 cycle. Please let me know if you have the availability to take this  on. If so, could you provide your scope and fee by next Monday (4/15)?    Thank you,    DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D 3      Danny Zimny, P.E, Q.S.D  Associate Engineer   Public Works ‐Transportation Engineering  1635 Faraday Avenue  Carlsbad, CA 92008  760‐602‐7551      DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D B *)N N N !!­ !!­ !!­HI GHLANDA D A M S HOOVER16D-12 16D-31 16D-S203 16D-21 16D-61 16D-43 16D-8 16D-11 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal Pipe Cured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel §¨¦5 §¨¦5 C A NNONRDTAMARACKAV C A R L S B AD BL 1165 Hoover 0 10050Feet 6608 ± PROJECT DESCRIPTIONA 1950 drainge system collects run off from Highland and Discharges onto theproperty of 1165 Hoover. No easement is on record. The system either has to bererouted or an easement needs to be retained from the property owner with improvements. DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D WE S T HA V E NPARKS K Y L IN E Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal Pipe Cured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel S K Y LIN ELEE PARKEL CAMI NO REALM A G N O LIASUNNYHI LLMARI ACAMEO MAY SCOTTS EAV IE WKIRKANDREAA LDERH O LLY B R A EDONNA J E A N N E WOODVALE TA M ARA C K V A L L E Y CHESTNUT M O N R O E SKYLINEPARKM O N R O E PARKSkyline and Westhaven Surface Drainage 0 5025Feet 6608 ± PROJECT DESCRIPTION Cross gutter at Skyline flows to the north and often holds water. Continuation of thecross gutter to the south or west across Westhaven may resolve ponding waterissue. Install curb and gutter at toe of slope Remove and replace cross gutter SITE 9DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #9 No Geotechnical analysis anticipated No potholing anticipated Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D $1 $1 $1 $1 $1 $1 $1 $1 *)*)*)*)N N *) *) "?B "?B "?B *) *) *) *) *) *) *) *) N *) *) *) *) !!­ !!­ !!­ !!­ !!­ !!­ !!­ !!­ !!­ D-91 GRANDOAK AVALLEYS T AT E ST A LL E Y CARLSBAD VILLAGET Y L E R S T A L L E Y W A S HIN G T O N S T A T E R O O S E V E LT 9D-S447 9D-135 9D-136 9D-92 9D-J440 9D-93 9D-J456 9D-J441 9D-J4429D-J439 9D-89 9D-73 9D-50 9D-62 9D-51 9D-63 9D-S454 9D-S455 9D-48 9D-49 9D-66 9D-46 9D-165 9D-1649D-166 9D-55 9D-56 9D-54 9D-57 9D-53 9D-52 9D-74 9D-47 9D-S423 9D-S446 Legend Storm InletStructureType *)Inlet "?B Area DrainNCatch Basin ëRiser *)Curb Inlet §|Headwall Storm Discharge PointStructureType *)Curb Outlet@Outfall B Outfall Headwall Storm CleanoutCleanout Type $1 Cleanout "!±b Water Treatment Unit Storm PipeMaterialAsbestos Cement Pipe Corrugated Metal Pipe Cured-in-place Pipe High-density Polyethylene Polyvinyl Chloride Reinforced Concrete Box Reinforced Concrete Pipe Steel STATEBEECH R O O S EVE LT TYLE R LIN C O LN M A DIS O N G A R FIE LD OAKC A RL S B A D W A S HIN G T O N TYL E R S T A LL EY ST AT E S T A L L E Y GRANDR O O S E VELT S T ALL E YCHRISTIANSEN O C E A N OAKSTATE STATE M A DIS O N STATE ST ALLEY OAKR O O S E VELT OAKST ATE GRANDGRANDState Street South of Grand 0 10050Feet SITE 10 ± PROJECT DESCRIPTIONSurface ponding occurs in the street section of State Street between Grand and Carlsbad Village Drive. Project will place catch basins and use trenchlesstechnologies to restrore pedistrain mobility. Surface improvements will supplementthe storm drain to improve drainage condition. DocuSign Envelope ID: 43D61CA8-C0D4-4D58-AB6D-8E51E22CE402Site #10 No Geotechnical analysis anticipated Assumed 3 pothole locations within the limits of survey. Limits of Survey DocuSign Envelope ID: F6FBDF0E-D4D2-4ADF-9A03-B8436E94F41D PSA19-587CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 This 2nd Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Right- Of-Way Engineering Services, Inc., a California corporation ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide land surveying at the Lake Calavera preserve 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 5, 2019, (“proposal”), attached as Appendix "A" for the Lake Calavera Land Surveying, (the “Project"). The Project services shall include recovery of existing survey monuments and flagging of the property boundary at the Lake Calavera preserve. 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 thirty (30) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty-five (365) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,080. DocuSign Envelope ID: 437C950E-10DF-45D3-911E-DB3C83E66806 May 1, 2019 PSA19-587CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT LAKE CALAVERA LAND SURVEYING TASK GROUP TIME & MATERIALS Research boundaries adjacent to the northerly lines of APN: 168-202-65 and 168-041-19 to verify they are a common line with Record of Survey 12939. $380 Calculate locations of existing monuments and adjacent maps to search for existing monuments. $570 Recover existing monuments and flag 4,300 L.F. at inter-visible intervals. 4-foot-tall lath with flagging and hubs will be set along the line and existing monuments will be flagged with an additional color for identification. $5,600 Lath, flagging, hubs, paint $250 Supervision and coordination $280 TOTAL (Not-to-Exceed) $7,080 /// /// /// /// /// /// DocuSign Envelope ID: 437C950E-10DF-45D3-911E-DB3C83E66806 PSA19-587CA City Attorney Approved Version 7/19/17 3 CONTRACTOR Right-Of-Way Engineering Services, Inc., a California corporation Right-Of-Way Engineering Services, Inc., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Michael Schlumpberger, President Michael Schlumpberger, CFO/Secretary (print name/title (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 437C950E-10DF-45D3-911E-DB3C83E66806 May 1, 2019 Right-Of-Way Engineering Services, Inc. Land Surveying 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • Email row@roweng.net April 5, 2019 Ms. Rosanne Humphrey City Of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Recover existing survey monuments along a portion of the northerly boundary of the Lake Calavera preserve and flag the property boundary. Approximately 4,300 L.F. Ms. Humphrey, Per our emails, I have prepared a scope of work and related fees to research the boundaries adjacent to the portions of the northerly lines of parcels 168-202-65 and 168-041-19 indicated in your email, recover existing survey monuments (14 potential monuments) and flag the 4,300 L.F. length at inter-visible intervals. Scope of work Task Hours Cost 1.Research boundaries adjacent to the northerly lines of APN:4.0 $380.00 168-202-65 and 168-041-19 to verify they are a common line with Record of Survey 12939. 2.Calculate locations of existing monuments and adjacent maps 6.0 $570.00 to search for existing monuments. 3.Recover existing monuments and flag 4,300 L.F. at inter-visible 32.0 $5,600.00 intervals. 4 foot tall lath with flagging and hubs will be set along the line and existing monuments will be flagged with an additional color for identification. 4.Lath, flagging, hubs, paint $250.00 5.Supervision and coordination 2.0 $280.00 Total (time and material) not to exceed $7,080.00 Note: Resetting missing monuments is not included in this proposal. After a thorough search for existing monuments while performing the proposed scope of work we will have an accurate count of missing monuments and can then prepare an accurate estimate to replace them and file the proper records with the county of San Diego. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President Appendix "A" PSA19-587CA DocuSign Envelope ID: 437C950E-10DF-45D3-911E-DB3C83E66806 ~ RIGHT-1 nPrn-.c:1-ACORD" CERTIFICATE OF LIABILITY INSURANCE [ DATE (MM/DD/YYYY) ~ 01/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer riohts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 jRlil~cT Ron Schlumpberger NFP Property & Casualty Svcs tA~8.Nto, Ext): 503-397-0714 I r.:i~. No),503-397-067_4 __ 61 Plaza Square St. Helens, OR 97051 ~oMlJ~""· Ron Schlumpberger INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Ohio Security 24082 INSURED Right-Of-Way Engineering INSURER 8, Continental Casualty Company 20443 Services, Inc. INSURER c, Sentenial Insurance Co., Ltd. 11000 615 S. Tremont St INSURER D, American Fire & Casualty Co 24066 Oceanside, CA 92054 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. 1N3[ TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY =□ CLAIMS-MADE [Zj OCCUR ....... ------------~ ------------GEN'L AGGREGATE LIMIT APPLIES PER: rx7 POLICY□ ff Pr □ LOG n OTHER· ~TOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS ~a~iw~lfj D JS.. UMBRELLA LIAB I X I OCCUR EXCESS LIAB n CLAIMS-MADE DED IX I RETENTIONS 10,000 y BKS57443227 USA57443227 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) □y IN y 52 WEC ER8804 NIA If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liab Claims Made LSH288314506 LIMITS EACH OCCURRENCE s 1,000,000 1112012018 1112012019 ~'ru]~~~~Li.;•'-----1_,o_o_o_,o_o___,o MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S J.,.!;NERALAGGREGATE S PRODUCTS. COMP/OP AGG S 1,000,000 2,000,000 2,000,000 COMBINED SINGLE LIMIT j.JE~cidlill,.,__11 ____ +=-s-------1 BODILY INJURY /Peroersonl $ BODILY INJURY /Per accidenl1 $ PROPERTY DAMAGE I Per accident) S EACH OCCURRENCE s 4,000,000 11/20/2018 11/20/2019 l-'A'-"G""G"'R""E""GA"'T""E ____ -+"s ___ 4_,_o_oo_,_o_oo s X I ~f~, ITF I I ,PJH-02/01/2019 02/01/2020 E.L EACH ACCIDENT E.L. DISEASE· EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT s 11/20/2018 11/20/2019 Per Claim Agg 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Ro marks Schodolo, m•y be attached If moro spaco is roqoirod) City of Carlsbad, its officials, emP.loyees and volunteers are additional insured on the general liability with respect to insureds operations per attached endorsement CG8810 0413. Waiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER I City of Carlsbad/CMWD c/oEXIGIS Insurance Compliance Services PO Box 4668 -ECM#35050 New York, NY 10163--4668 ACORD 25 (2016/03) CITYCA3 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo·are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac-ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. 8. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. 1. Name: CITY OF CARLSBAD/ CMWD 2. Address: C/O EXIGIS INS COMPLIANCE SERVICES PO BOX 4668 -ECM35050 NEW YORK, NY 10163 3. Number of days advance notice: 30 SCHEDULE All other terms and conditions of this policy remain unchanged. © 2011 Liberty Mutual Agency Corporation. All rights reserved. CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy~ BKS57443227 CO~IMERCJJ\L GHIERAL UMJILITY CGB8100<l1J THIS E~/DOl<SEMENT CHANGES THE POLICY. PU:ASERt:AD IT CAREFIJLL'/. COMMERCIAL GENERAL LIABILITY EXTENSfON This endorsement modifi8s insurance provided under !he fol/oviino: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAr'T NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -1::LEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Ten;int's Properly D;image) MEDICAL PAYMENTS EXTEl✓SION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUl<EDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY /IND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSIOI✓ ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUf, "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERROf<S/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCl:S l{NOWLEOGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REOEl=INED EXTENDED PROPERTY DAMAGE. WAIVER OF TRANSFER Of RIGHTS OF RECOVERY AGf\/NST ornrns TO us -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU @ 20·13 Uberly /vlulu2I Insurance CG 00 iO Q,J 13 Includes copyrighled n,;Jlerial of lnsura·nce Services O//ice, Inc., wilh ifs permission, 7 2 2 Pane ·1 of D Willi respecl lo coverage afforded by !his endorsemenl, lhe provisions of lhe policy apply unless modilied by the endorsemenl. A NON-OWNED AIR.CRAFT = = = ::-B. = Under_ Paragmpl1 2. Exclusions of Section I -Coverage A -Bodily Injury And ·Properly Damage Liability, exclusion g. Aircraft, Aulo Or Watercrail does not appl\• lo an aircraft provided: 1. It is nol owned by any insurnd; 2. Ii is hired, charlered or loZJned Willi a trained paid crew; 3. The pilot in command holds a currenlly effeclive cerliflcale, issued by !he duly consliluied ;wlhorily of lhe United Slates of America or CanarJa, designating her or him a commercial or airline pilol; nnd .4. I1 ls not being used lo carr; persons or property for "charge. However, lhe insurance afforded by this provision does not apply if lhnre is available lo the insured other valid and colleclible insurance, wlielher primary, excess (other than insurance wrillon lo apply specifically in excess of lt1is policy), conlingenl or an any olher basis, that would also apply lo Ille loss covered under !his provision. NON-OWNED WATERCRAFT Under Paragrapl1 2: Exclusions of Section I• Coverage A. Bodily Injury And Prop~rly Damage Liability, Subparagruph /2) of exclusion g. Aircraft, Auto Or Watercraft is reolaced by Ille following: This exclusion docs no/ apply lo: (2) A watercrilft you do nol own Iha! is: /a) Less lhan ·52 feel long: nnd /b) Not being used lo cc1rry persons or properly for a charge, C. PROPERTY DAMAGE LIABILITY. ELEVATORS. ·f. Under Paragraph 2, Exclusions of Section I -Coverage fl -Bodily Injury And Properly Darnilgc Liabil-ity, Subparagraphs /3). /4) and (G) of exclusion j. Oumilgc To Propcriy do nol apply if such "properly dnmnge'' resulls from lhe use of e/evalors. For lhe purpose of this prO\,ision, elevators do nol lnclude vehicle lifts. Vehicle lif1s are lifls or hoists used in aulornobile service or repair operalions. ?.. The following is added lo Section IV -Commercial Genen1i Liability Condilions, Condilion •I. Other lnsurnnce, Paragraph b. Excess lnsur~nce: The ins'urance afforded by this provision of !his endorsemr.nl is excess over any properly insurance, whelher primsry, excess, contingenl or on apy olher basis, D. EXTENDED DAMAGE TO PROPERTY RENTElJ TO YOU (Tcnanl's Properly Damage) If Damage To Premises Flenled To You is nol olherwis~ excluded from this Coverage Parl: ·1. Under Paragraph 2. Exclusions of Section I -Coverage A • 8 odily Injury and Properiy Damage Liability: a. The fourth frorn lhe las! paragraph of e:,clusion j. Dumage To Properly is rep/aced by lhe follow-ing: Paragraphs (1), (3) and (J\) of lhis exclusion do no\ apply lo "proper1y damage·• ·(other lr1ail damage by fire, lightning, explosion, smoke, or leakage .from an automatic nre proleclion syslern) lo: /i) Premises renled lo you for a period of ?'or fewer consecutive days: or (ii) Conlenls !hat you rent or lease as p2rl of a premises renlal or lease agreemenl for i1 period of more lhan 7 days. Paragraphs (1), (3) and (<1) of lhis exclusion do nol apply lo "property damage'' lo conlr.n(s of premises rented to you ior a period of 7 or iewer consecutive days. A separate limit of insurance applies lo Ibis coverage as described in Seciion Ill -Limits of Insurance. © 2013 Liberty ,vlulual lnsuranCB CGD0100~13 Includes copy1i9hled malerinl o/ lnsu1ance Services Oifice. Inc .. with ils permission. b. The last paragraph of subseclion 2. E;,;clusions is replaced by the following: Exclusions c._ lhrough 11. do nol apply lo damage by lire, lighlning, explosion, smoke or leakage rrom ~utomatrc_ ri_re proteclion syslerns lo premises whila rented lo \'□ u or lemporarily occupied by you \'/llh perm1ss1on of lhe owner. /\ serarale lirnil of insurance applies la Damage To Premises Ren led To You as described in Scclion Ill -Umils Of Insurance. 2. Par3graph G. undcr Section 111 • limits Of Insurance is r2placed by Ille following: 6-Subject lo Paragraph 5. above, lhc Damage To Prr.mises Renled To You Limit is the mosl ,,,e l'lill pay under Coverage A (or damages because of "propcr1y damage" lo: u, Any one premise: /1) While rented lo you; or 12) While renled to you or lemporarily occupied by you with permission of Iha owner for damage by fire, lightning, explosion, smol<e or leakage /rom aulomillic proleclion syo-lems; or b. Contents !hat you renl or lease as pan o/ 2 premises rental or /ease vgreemenl. 3. As regards coverage provided by !his provision D. EXTENDED DAMAGE TO PROPERTY REl·ITED TO YOU /Tenant's Property Dilmage) -Paragraph 9.a. of Dc/inilions is replaced with the following: 9.a, A conlracl for a /aase of premises, However, lhal por1ion of lhe conlracl for a lease of premises lhal indemnifies any person or organizalion for demage by rire, lighlning, explosion, smoke, or le;;kage from automalic rire proteclion systems lo premises while rented lo you or lcmpornri/y occupied by you wilh the permission al the owner, or for damage lo contents of such premises Iha I are included in your premises rental or lecJse agreement, is not an '"insured conlrncl". E. MEDICAL PAYMENTS EXTENSION If Covcruge C Medic.JI Puyrnenfs i~ nal alherwise excluded, lhc Medical Payments provided by lhis policy are amended as fallows: Under Parngraph ·t. Insuring Agreement of Section I -Coverage C -Medical P;iyments, Subparagrnph rb) of Paragrnph u. Is replaced by lhe iollawing: (b) The expenses are incurred and repor1ed within lhree years of Ille dcJle of lhe accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under SupplemcnturJ Payments -Coverages A and B, Paragrapl1 1.b. is replaced by the following: b, Up to $3,000 for casl of bail bonds required because of accidenls or lrafnc lcJw violations arising oul of the use of any vehicle la which lhe Bodily. Injury liabilily Covernge applies. We do nol ha,,e lo fu1nish these bonds. 2. Par.igraph 1.d. is replaced by the following: d. All reusonab/e expenses incurred by 1hr. insured al our rnquesl lo assisl us in Iha invesligalion or defense of lhe claim or ''su/I", including · actual loss o( earnings up lo ~500 a day because oi lime o(f from work. G. ADDITIONAL l~/SUREDS -BY CONTRACT, AGREEME:NT OR PE/iMIT ·1. Pa1agraph 2. under Section II -Who ls An Insured is amended to include as an insui-ed ilny person or organization whom you hcJve agreed lo add as un additional insured in a wrillen contract, \Willen agreement or permit. Such person or organizotion is an addilional insured l;ut only wilh respect lo liability ior "bodily injur/', "properly damage'' or "personal and adverlising injury" caused in whole or in par1 by: a. Your acls or omissions, or lhe acts or omissions of those acling on your bel1illf, in the performance of your on going cperalions for lhe additional insured lhal are lhe subjecl of the wrillen conlracl or 1vrillen agreement provided lhal the "bodily injury" or "proper1y danrnge" occurs, or /he "per-sonal and adverlising injury" is committed, subsequent lo the signing or such wrillen conlracl or written agra0ment; or © 2013 Liberty Mutual Insurance CG 80 10 o,/ 13 Includes coµyrighlcd mnlcrial o/ lnsur2ncc Services Office, Inc., '1ilh ils permission. = = b. C. d. Premises or raci/ilies renled by you or used by you; or The maintenance, operation or use by you of equipmenl renled or leased lo you by such pcr5on or 019aniza!ion; or Operations performed liy you or on your behalf for \'1hich \he sla\e or poli\ical subdivision /Jc1s issued a permil subjecl lo lhe following additional provisions: (1) Thi~ _insu'.ance does not npply lo ''bodi!y injury", "properly damage", or "parsonal and ad-veriis1n9 injury'' arising oul al Iha operntions performed for lhe slale or political subd'1vision; (2) This insurance does not apply lo "bodily injury" or "properly · damage'' included wilhin lhe "cornpleled op~rnlions haz;:ird". (3) Insurance applies lo premises you own, rent, or conlrol bul only wilh respecl to lhe iollowing hazards: (a) The existence, maintenance, repa:ir, conslruc/ion, ereclion, or removal o/ advertising signs, a1vnings, canopies, cellar enlrances, coal holes, dri•1eways, manholes, marquees, hoisl away openings, sidev1a/k vaults, slreel banners, or decoralior,s and similar e:<po-sures; or (b) The conslruclion, erection, or removul of eleV8lors: or /c) The ownership, mainlencnce, or use of ,lily elevalors cove,ed by !his insurance. Howeve,: 1. The insurance afforded lo such additi□ncJI insured only applies lo l/ic o:<lenl permilled by law; and 2. If coverage provided lo lhe ad di lion ill insured is requirnd by c1 conlrnct or ugrec>menl, lhc insur-ance afforded to such <1dclilional insured will not be broader lhan Iha! which you are requi,ed by the contract or agreemenl lo provide /or such addilional insured. · Willi respecl lo Paragraph 1.a. above, a person's or organizalion's slalus as an addilional insu,ed under lhis endorsemenl ends when: (1) /\II work. inc/•Jding materials, purls or equipment furnished in conneclion 111ilh such work, on lhe projocl (olher · 1han service, ,nainlenance or repairs) lo be performed by or on behalf or lhe addiliorrnl insured(s) al lhe localion or lhe covered opera/ions has been compleled; or (2) Trial portion or "your work" au! of which the injury or damagr. misr.s has been pul lo ils intended use by any person or orgunization a/her lhan another conlrc1ctor or subconlraclo, engaged in performing operalion_s ror a principal as a pari of lhe same project. Wilh respecl lo Paragraph 1.b. above, a person's or organizalion's slatus as an addilionnl insured under lhis endorsemenl ends wilen lheir ,willen conlracl or written ugreemenl with y□lJ for such premises or rncililies ends. With respects lo Paragraph 1.c. above, this insurance does not apply lo ilny "occurrence" which lakes place alter the equipment renlal or lm1se agreement has expired or you have returned such equipment lo lhe lessor. The insurance provided by lhis endorsement applies only if lhe ,willen conlracl or wrilten agreemenl is signed prior lo lhe "bodily injury" or "properly damage", We have no duly to defend an additional insured under !his endorsement unlil we receive wrillen no/ice of a "suil" by ihe additional insured as required in ·Paragraph b. al Condilion 2. Dulles In lho Event Of Occurrence, Offense, Claim Or Suit under Sec/ion IV -Commercial General Liability Condi-lions, © 2013 Liberty ivlulual Insurance CG00100'113 Includes coryrighled ma!etial ol Insurance Service, 0/fice, Inc., \'/ilh lls permission. Page •1 o/ 6 2. With respecl lo the insurance pro•,ided by lhis encJorsemenl, the following are ac.Jded to Paragriloh 2. Exclus1on5 under Section I -Coverage A -Bodily Injury And Properly Damage liability: · This insurance does no! apply to: 8• 11Bodify injury" or "properly damage" arising from !he sole negligence of !he addilional insured. "Bodily injury" or "properly damage" that occurs prior lo you commencing opera/ions al lhe location where such "bodily injury" er "proper1y d<Jmag~" occurs. l,, c. "Bodily injury", "properly ifamage" or "person<JI and advertising injury" arising oul o/ llw render-ing of, or lhe failure lo render, any professional archilectural, engineering or surveyino se01ices, including; (1) The preparing, approving, or failing lo prepare or approve, maps, shop drawings, opinions, reporls, sUJveys, neld orders, change orders. or drawings and speci/icalions; or (2) Supervisory, inspeclion, archileclural or engineering aclivilies. This exclusion applies even if !he clc1irns againsl any insurec.J allege negligence or o/l1er wrongdoing in !he supervision, hiring, employment, training or nioniloring of others by lilal insured, if Ille "occur-rence" which caused the "bodily injury" or "prorerty damilge", or the oiiense which caused ·111e "personal and adverlising injury", involved /he rendering of, or lhe failure lo render, any professional archileclural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring afler: (i) All work. including malerials, parts or equipment furnished in conneclion wilh such .\'/ork, on Ills project (ollier /hon service, mainlonance or repairs) lo be performed by or on behalf of Ille addilional insured(s) al the locc1lion of lhe covered opera lions has been cornpleied: or (2) Tha I porlion of "your worl<" out of which \11e injury or darnag13 arises has. been pul lo ifs inlended use by any person or organizalion olher llrnn ,mother conlraclor or subconlraclor engaged in performing opera lions for a principal as a part of the same projecl, e. Any person or orgnniza\lon specifically designaled as an addilional insured /or ongoi_ng opernilons by a separal<" ADDITIONAL INSURED -OW~JERS, LESSEES OR CONTRACTORS endorsemcnl is-sued by us and made a par! of lhis policy. 3. Wilh respect lo !he insurance afforded lo lhes2 arJdilional insureds, ll1e following is added lo Sec/ion Ill • Limits 0/ Insurance; If coverage provided -lo lhe addilional insured is raquirecl by ·a conlracl or agreernenl, lhe rnosl we will pay on be/lair of /he addilional insured Is !he amounl of inr.urnnce: a. Required by the conlracl or agreemenl; or b. Available under the applicable Limil; of Insurance shown in Ille Oeclaralions; whichever is Jess. This endorsement sh;:ill not increase lhe applicable Limils ol Insurance shown in Ille Declaralio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL lt,SURED EXTENSION This provision applies lo any person or organi22lion who qualifies as an addilionc1I insured under any form or endorsement under /his policy. Condi!ion ,J. Other lnsur.;nce of SECTION IV · COMMERCIAL GENERAL LiABILITY CONDITIONS is amend-ed as follows: a. The following Is added lo Paragraph a. Primary Insurance: If an addilional insured's policy has an Olher lnsuwncc provision m2king ils policy excess, and you have agreed in a writ/en conlracl or writlen agreernenl lo provide the addilional Insured coverage on a primary and noncontribulory basis, !his policy shall be primary and we will nol seek conlribulion from lhe addilional insured's policy for damages we cover. © 2013 Libedy Mulual Insurance CG881004'13 Includes copyrighted 111alerial ol ln,urance Services Oilice. Inc., wilh ii, pc1mission. Pugc5of0 = -=--= = --~ = b.. The following is added lo Paragraph b. Excess lnsur,rnce: Whan a 1vrillen contract or written 8gr<!emenl, other lhan s premise~ lease, facilities rental conlracl or agree~~nl, an cquipmenl rental or lesse conlrncl or ugreemenl, or permit issuad by a stair. or political subd1v1s1on between you and an ,Jddilio,rnl insure.cJ does nol require lhis insurance lo be p1irnary or primary_ and non-conlribulory, !his insur;ince is excess over any other insurance for which lhe addi-l1onal insured is designated as a Named Insured. RegiJrdlcss or lhe \'I/ii/en c1greemenl · belween you and jn additional insured, lhis insurance is excess over. any other insurance whelher primary, excess, conlingenl or on any oilier basis for which the add1i1onal insured has been added as an addilional insured on olher policies. ADDITIONAL INSUREDS -EXTENDED PIWTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies lo any person or organirnlion v1ho qualifies as an addllional insured under any form or endorsement under !his policy. 1. The following is added to Condition 2. Duties In Tile Event Of Occurrence, Offense, Claim or Suil: An addilional insur_ed under I his endorsemenl will as soon as pr aclicable: a. Give wrillen notice or an "occurrence" or an offense Iha! may resuli in a clain1 or "suil" under lhis insurance lo us; b. Tender lhe defense and indemnily ol any claim or "suit" lo all insurers whom also liave insurance available lo !he adciilio11al insured; and c. Agree lo make availc1ble any oilier insur"ance v,hich lhe mJdilional insurec! has tor a loss we cover under !his Covernge Parl. d. We have no duly lo defend or indemniry nn c1dd1lional insured under lhis endorscmcnl unlil we receive wrilten nol/cc of a ''suit" by !he addilion.il insurncJ. 2. The limits or insurance· c1pplicable lo lhe additional insured □re \hose specified in a written conlract or written agreemenl or lhe limits of insurance as slaled in lhn Declarnlions of this policy and deiined in Scclion Ill -Limils of Insurance oi this policy, wliichc,ver are less. Thesa limils are inclusive of c1nd not in 8ddilion lo !he limils of insurance available under lhis policy. J. WHO IS /\N INSURED -INCIDENTAL MEDICAL EflRORS / MALPRACTICE WHO IS AM INSURElJ -FELLOW EMPLOYEE EXTENSIO~J -M1\N1\GEMENT EMPLOYEES Paragraph 2.a.(1) of Scclion II -Who Is An Insured is replaced wilh the followiny: (1) "Bodily injury" or "personal ano' adverlising Injury": {a) To you, to your partners or members (if you arc a parlnership or join! venture), to your members (ir you are a limited liability company), lo a co-"emplo\'fle" while in the courso of his or her employ-ment or performing duties reluled lo tlw conducl of your business, or lo your olher "volunleer workers" while performing dulies related to lhe conduct of your business; (b) To the spouse, child, parent, brolher or sisler of thal co-"employee" or "volunteer worker" as a consequence or Peragraph ('I) (a) above; /c) For \\lhich !here is any obligation lo share damages with or repay someone else who mus! ,o3y damages because of Ille injury described in Parngrnphs ('1) {a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional heallh cc1re se/\lices. However, if you are no! in !ho business of providing professional lrnall/J care services or providing prores-sional hoallh care personnel lo others, or ii coverage for providing professional heallh care ser-vices is not otherwise excluded by separale endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (bJ above do ncl apply lo "bodily inju1y" or "personal c1nd advertising injury" caused by an "employee'· who is acling in a supervisory capacily' for you. Supervisory capacily as used herein moans lhe "employee's" job responsibililies assigned by you, includes the direct supervision of olher "employ-ees'' oi yours. However: none· of lhese "employees" are insureds for ''bodily injury'' or "personal and © 2013 Liberty Mutual lnsurnncc CGBO·foo,ti3 lnclLides cooyrighled material oi Insurance Services O/licc, Inc., l'1ilh ils permission. Pa~c 6 or 8 adveri.ising injury" ar1s1ng out of lheir ,.,,lliul conduct, which 1s defined as !tie purposeful or willful 1nlent lo c,1use "bodily injury" or "personal 3nd 2dverl1sing injury", or caused in whole or 1n part by their inloxicil• lion by liquor or controlled subslunces, The coveroge provided by provision J. is excess 0•1er any other valid and colleclable insurnnce a•1allable to your ''employee". · K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3, of Section 11 -Who Is An Insured is replaced by lho following: 3 -Any organiza lion you newly acquire or form nnd over which you maintain ownership or majority inleresl, will qualify as 2 Named. Insured if Ilion, is no oilier similar insurance available lo lhal organizalion, However: "· Coverage under lhis provision is afforded only unlil the expiralion of the policy period In which lhe Gntity was acquired or formed by you; b. Cavern g e A cJoes not apply lo "bodily injury" or "properly damuge" lhc1t occU/red before you acfjuimd or formed lhe organizalion; and c. Coverage B does not apply to "personal and udverlising injury" arising oul of an offense comrnillecJ before you acquired or formed the organization. d. Records and descriptions of operations musl be rnainlained by lhc nrsl Named Insured. No person or organizalion is an insured wilh respect lo the conduct oi any current or past parlnership, joint venlure or lirnlled liability company thal is nol shown as ~ Named Insured in lhe DP.c/aralionG or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE. HAZARDS AND PRIOR OCCURRENCES Under S~ction IV -Commercic?I General Li.1bility Conditions, /he /allowing is added to Condilion G. Repre-sentations: Your lailure lo disclose all hazards or prior "occurrences" eXifilin!J as of lhe inceplion date of lhe policy shall nol prejudice /he coverage afforded by this policy provided such failure lei disclose all ha2nrds or prior ''occurrences" is noi inteniionoi. M. l{NOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Uwbility Conditions, the following is added lo Condition 2. Dulles In The Event of Occurrence, Offense, Cli'lim Or Suit: l<nowlcdge oi an "occurrence", oliense, claim or ''suit" by an agenl, servant or "employee" of uny insured shall not in ilself conslilule l;r.owledge of the insured unless an insured /isled under Pmagraph 1. of Section l/ -Who Is An Insured or a person who has been designaled by them to receive reporls of "occurrences", of"/enses, claims or "suits" shall have received such no/ice from lhe agenl, seNanl or "employee". N. LIBERALIZATION CLAUSE Jr we revise lhis Commercial General Liability Exlr,nsion Endorsemenl lo provide more covernge wilhoul additional premluni charge, your policy will aulomalically provide the coverage as of tl1e day lhe revision is effective in your sl0te. 0. BODILY INJURY REDEFINED Under Section V • Definitions, Oerinilion 3. is replaced by the following: 3. ''Bodily Injury" means physical injury, sicknoss or disease sustained by a person. This includes mental anguish, ment0I injury, shock, fright or d9ath that results from such physical injury, sick-ness or disease. © 2013 Liberly Mulual lnsu(ance CG BD 10 04 ·13 Includes copyrighted rn.ilcrinl of lnsur;1nce Se:vb,, Ollice, Inc., wilh ils permission. Pa9e7ofB P. EXTHIDED PROPE/TfY DAMAGE Q. Exclusion a. o/ COVERAGE A. BODILY INJURY ANO PROPERTY DAM!\GE Ll/1BILITY i.; replacer! by /he loll owing: a. Expected Or Intended Injury "Godily injury" or "property damBge" expecled or inlended from lhe slandpoinl of the insured. This exclusion does no{ apply lo "bodily injury" or "properly dwmage·' resviling from lhe use of reasonable iorce lo· protecl persons or propeily. WAIVER OF TRANSFER OF RIGHTS OF RECOVEnY AGAINST OTHERS TO US -WHEN REQUIRF.D IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial Gcnenil Li~bilily Conditions, /he following is added lo Condllion 0. Tn1ns-fer Of Rig his Of Recovery i\gillnst Oihers To Us: We W8iYtJ any right of recovery we may have against a parson or organizalion because of paymenl; 1•;e make for injury or damage arising oul of your ongoing operalions or "your work" done under a contracl with Iha! person or organi,:~lion and included in lhe ''producls-compleled operalions hawrd" provided: 1. You and thal person er organization have agreed in wrilillg ill il contrar.l or agreemenl lhal you waive such righls against thal person or organizalioll; and 2. The injury or damage occurs -subsequenl lo lhe execution of lhe wrillen conlracl or wrillen agrce-menl. © ?.013 LibEr1Y l,lulual lnsurnnce CGOB10041J Jnclut!es copyrighted m3lerial al Insurance Servic1,s Ofnce. Inc., wilh ii; permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ER8804 Endorsement Number: Effective Date: 02/01/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE CA 92054 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 Countersigned by --------------,-----------Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/23/18 Policy Expiration Date: 02/01 /20 MASTER AGREEMENT FOR SURVEYING SERVICES RIGHT-OF-WAY ENGINEERING SERVICES, INC. PSA 19-587CA THIS AG~EEMENT is made and entered into as of the 7f3~ day of N~ , 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and Right-of-Way Engineering Services, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in surveying. 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 surveying. 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 19-587CA 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, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of 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 19-587CA 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, :::>rare 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 19-587CA 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 19-587CA 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 Michael Schlumpberger Title President, Project Manager Address 615 South Tremont Street Oceanside, CA 92054 Phone No. 760-637-2700 Email mikes@roweng.net 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[x] No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or the City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City City Attorney Approved Version 6/12/18 5 PSA 19-587CA Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. The City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to the City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for the City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right City Attorney Approved Version 6/12/18 6 PSA 19-587CA 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 19-587CA 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 Right-of-Way Engineering Services, Inc., a California corporation (sign here) "1tdo.el .4cJ)vt¥6K!!i~. pr~e/4.,,-i- (print name/title) / ' By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: 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 ,. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of S41'-1 Dr' ECJ,,-o } On C2:..-:r: / A 1 ~/ 2s before me, Jofn-1 l,..J,-y. J /< ~ ('Jo~ {Ll!&,1~ Date A,..A · Here Insert Name and Title of the Officer personally appeared · L_J I LJ--J..Cl,,;G"J... .S-, 1.-1 LIM p@.f"'Pt:; E P.,, Name.pt of Signer'1!t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(wt~subscribed to the within instrument and acknowledged to me that he/sh.i'thQ,' executed the same in,b.is/heti/4heir authorized capacity~, and that by his/1;1/;li;'thei-r signature~ on the instrument the person~or the entity upon behalf of which the person(.s) acted, executed the instrument. · JOEY LUDWICZAK Notary Public · California 1 ,"~ Jj; San Diego County L 0-f.:-i{.'J.j Commission 112148546 ~ My Comm. Expires Apr 26, 2020 Place Notary Seal and/or Stamp Above z z • 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. · nature of Notary Public Completing this information can det fraudulent reattachment of this for Description of Attached Document Title or Type of Document: -----------------=--------------- Document Date:---------------~~----Number of Pages: ____ _ Signer(s) Other Than Named Above: ----~-------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ------~------Signer's Name: • Corporate Officer -Title(s),~: _______ _ • Corporate Officer -Title(s): ______ _ • Partner -• Limited eneral • Partner -• Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: • Other: Signer i Signer is Representing: _________ _ ©2017 National Notary Association PSA 19-587CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of surveying related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Arial surveying and photogrammetric services B. Geographic information systems (GIS) C. Potholing D. Property acquisition plats and legals Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 PSA 19-587CA Right-of-Way Engineering Services, Inc. Discipline No. 17 Surveying Services EXHIBIT B-MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1. Michael Schlumpberger Supervising Land Surveyor $140.00 2. Joshua Tatman Senior Land Surveyor $120.00 3. Joshua Tatman CAD Draftsman $95.00 4. Michael Schlumobern:er Land Surveyor, Field $175.00 5. Robert Gates Partv Chief, Field $100.00 9. IOUE Local 12 Members Chainman, Field $85.00 10. SUB-CONSULTANTS NAMELFIRM TITLE HOURLY RATE l. 2. 3. 9. 10. EXPENSES DESCRIPTION COST %MARKUP l. Photogrametric Services Project Based 5% 2. 3. 4. 5. Master Agreement Consulting Services 14 of 24 Request for Qualification RFQ No.18-05 10 Right-Of-Way Engineering Services, Inc. Land. ~~eying ")'"' RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate inshuments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related inshuments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net ~ RIGHT-1 OP In• SH ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/24/2018 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER 503-397-0714 ~~.tii~cT Ron Schlumpberger NFP Property & Casualty Svcs W8_N:C,, Ext): 503-397-0714 / r:i~. No): 503-397 -067 4 61 Plaza Square St. Helens, OR 97051 ~~..{'J~~ S: Ron Schlumpberger INSURER/SI AFFORDING COVERAGE NAIC# INSURER A, Ohio Security 24082 INSURED Right-Of-Way Engineering INsuRER B, Continental Casualty Company 20443 Services, Inc. INSURER c, Property & Casualty Ins Co 34690 615 S. Tremont St Oceanside, CA 92054 INSURER D, American Fire & Casualty Co 24066 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~.\l.P~ SUBR POLICY NUMBER POLICY EFF .. POLICY EXP LIMITS IT" LWn A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I--:=J CLAIMS-MADE [!] OCCUR g~~t~~J?F~ENTED 1,000,000 y BKS57443227 11/20/2017 11/20/2018 $ - MED EXP IAnv one •ersonl $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 ~'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY • m?+ • LDC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER· $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea ---irlont\ s - ANY AUTO BODILY INJURY <Per oersonl $ -OWNED -SCHEDULED -AUTOS ONLY I--AUTOS BODILY INJURY <Per accident! $ HIRED ~8roivm1~ f ~?~~c~e~1?AMAGE $ -AUTOS ONLY I-- $ D X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 4,000,000 ~ USA56576990 11/20/2017 11/20/2018 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ / OED I X I RETENTION $ 10,000 $ C WORKERS COMPENSATION X I ~~~TtlTC I I JJJH-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE • y 52 WEC ER8804 02/01/2018 02/01/2019 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ If yes, describe under OE<:rRIPTION nF nPERATIONS helow E.L DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liab LSH288314506 11/20/2017 11/20/2018 Per Claim 1,000,000 Claims Made Agg 2,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may bo attached ir more spaco Is required) City of Carlsbad, its officials, employees and volunteers are additional insured on the general liabilii with re.Jfaect to insureds operations per attached endorsement CG88 0 0413. aiver of Subrogation on Workers Comp per attached endorsement WC040306. CERTIFICATE HOLDER CANCELI ATION CITYCA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/oEXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE PO Box 4668 -ECM#35050 ~~~ New York, NY 10163-4668 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD o Policy ff BKS57443227 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 ~ With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. _B. NON-OWNED WATERCRAFT = -- Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply lo: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and ~ (b) Not being used to carry persons or properly for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS D. 1. Under Paragraph 2. Exclusions of Section I -Coverage A • Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do no! include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragrapl1s (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) lo: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. © 2013 liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance SeNices Office, Inc., with its permission. Page 2 of 8 .. b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire. lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner. or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the dale of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B. Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have lo furnish these bonds. 2. Paragrapt1 1.d. is replaced by the following: d. All reasonable expenses incurred by lhe insured al our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of lime off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section JI -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only wit11 respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by; a. Your acts or omissions, or the acts or omissions of those acling on your behalf. in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 liberty Mulual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc .. with its permission. Page 3 of 8 ~ -- 0 ;;; b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, ,ent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. 2. The insurance afforded to such additional insured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect lo Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of ''your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty t.o defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. © 2013 Liberiy Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Ofrice, Inc., with its permission. Page 4 of 8 0 H. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I• Coverage A • Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural. engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on beha/r or the additional insured(s) al the location of the covered operations has been completed; or (2) That portion of "your work" out or which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is· sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance; If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV · COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's pol'lcy for damages we cover. © 2013 liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance SeNices Office, Inc., with its permission. Page 5 of 8 -1. = = ~ - = ~= 8 -- b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS • EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance lo us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of c1 "suit" by the additional insured. 2. The limits of insurance applicc1ble to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE '6 WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"ernployee" or "volunteer worker" as a consequence of Paragraph (1) (a) above: (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above: or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willrul intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form ,ind over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply lo "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure lo disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added lo Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from lhe agent, servant or "employee". o N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatirnlly provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: '3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Services Office, Inc .. with its permission. Page 7 of 8 ~ P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property __ Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreemenl t11at you waive such rights against that person or organization; and g --2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighled material of Insurance Services Office, Inc .. with its permission. Page 8 of 8 c = = COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. 1. Name: CITY OF CARLSBAD/ CMWD 2. Address: C/O EXIGIS INS COMPLIANCE SERVICES PO BOX 4668 -ECM35050 NEW YORK, NY 10163 3. Number of days advance notice: 30 SCHEDULE All other terms and conditions of this policy remain unchanged. © 2011 liberty Mutual Agency Corporation. All rights reserved. CG 80 61 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 52 WEC ERB 8 04 Endorsement Number: Effective Date: 02/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RIGHT OF WAY ENGINEERING SERVICES INC 615 S TREMONT ST OCEANSIDE, CA 92054 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. 5 % of the California workers' compensation SCHEDULE Person or Organization 'ANY PERSON OR ORGANIZATION WRITTEN CONTRACT OR AGREEMENT RIGHTS FROM US." Job Description FROM WHOM YOU ARE REQUIRED BY TO OBTAIN THIS WAIVER OF Countersigned by ___________________ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/16/17 Policy Expiration Date: 02/01/19 ,.,............ ACORD9 ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 01/22/2018 THIS CERTIFICATE IS ISSUED ASA 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 CONSfflUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDmONAL INSURED, the policy(ies) must have ADDmONAL 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 endorsernent(s). PRODUCER CONTACT NAME: Peter Bardeen Bardeen Insurance Agency PHONE I FAX 210 E Fig St Ste 104 (A/C. NO. EXD: 760-728-0833 (A/C,NO): 760-728-0380 E-MAIL Fallbrook CA 92028-2889 ADDRESS: pbardeen@farmersagent.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURERB: Farmers Insurance Exchange 21652 RIGHT-OF-WAY ENGINEERING INSURERC: Mid Century Insurance Company 21687 615 S TREMONT ST INSURERD: OCEANSIDE CA 92054 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NO.WITHSTANDING 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 POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE Of INSURANCE ADDTL SUBR POLICY NUMBER POUCYEFF POUCYEXP UMrTS LTR INSD WVD (MM/DD/YYYY) (MM/DO/YYYY) COMMERCIAL GENERAL LIABILrTY EACH OCCURRENCE $ -J CLAIMS-MADE • OCCUR DAMAGE TO RENTED s PREMISES (Ea Occurrence) - MED EXP (Any one person) $ .. PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY • PROJECT • LOC PRODUCTS· COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILrTY COMBINED SINGLE LIMIT $ 2,000,00( (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ -- A OWNED AUTOS X SCHEDULED BODILY INJURY (Per accident) $ ONLY AUTOS y 604792537 02/01/2018 02/01/2019 -- X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUfOSONLY (Per accident) --s UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ~ f-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION IPER I I OTHER s AND EMPLOYERS• LIABILrTY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E.L. EACH ACODENT $ EXECUTIVE OFFICER/MEMBER C N/A EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE If yes, describe under DESCRIPTION OF E.L. DISEASE· POLICY LIMIT $ OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLE~CORD 101, Additional Remarks Schedule. may be attached if more space is required) 2015 GMC SIERRA K15; VIN: 1GTV2UEC0F 6585 CERTIFICATE HOLDER C/0 EXIGIS COMPLIANCE SERVICES PO BOX 4668 ECM#25050 CANCELLATION DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All Rights Reserved ACORD25(2016/03) 31-1769 11-15 The ACORD name and logo are regis red rks of ACORD