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Home My WebLink AboutNinyo and Moore Geotechnical and Environmental Sciences Consultants; 2018-11-28; PSA19-571CAPSA19-571CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 4060 This eighth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Ninyo & Moore Geotechnical & Environmental Sciences Consultants, 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 Consulting 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 attached Appendix "A" for the Fire Station No. 2 - Geotech Report Update, (the “Project"). The Project services shall include Review site conditions, review current design plans and changes, prepare update addendum letter. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eighty (180) 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 Appendix A 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 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 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 five thousand dollars ($5,000). /// /// DocuSign Envelope ID: B56C5D07-44A2-43F6-88E9-4E502AF5B356 December 18,2020 PSA19-571CA 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. CONTRACTOR Ninyo & Moore Geotechnical & Environmental Sciences Consultants Ninyo & Moore Geotechnical & Environmental Sciences Consultants (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Avram Ninyo, President Elaine O. Autus, Assistant 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: B56C5D07-44A2-43F6-88E9-4E502AF5B356 December 18, 2020 PSA19-571CA City Attorney Approved Version 7/19/17 3 APPENDIX “A” GEOTECHNICAL REPORT UPDATE Ninyo & Moore will prepare an update addendum letter to the original soils report in order to demonstrate compliance with the current California Building Code. Work will be performed on a time and material basis and generally include the following tasks: • Performance of a site reconnaissance to confirm if any changes to the site have occurred over the years since the preparation of the referenced project geotechnical report, as part of our due diligence. • Reviewing the most current project plans to be provided to our offices for comparison to the data and recommendations presented in the referenced geotechnical report we prepared for the project. • Updating the fault classifications, distances, and magnitudes that have been changed since the original report, as appropriate. • Reviewing updated geologic maps for consistency with current classifications. • Updating the seismic design parameters as well as the seismic discussion to be consistent with the current CBC. • Preparing an update addendum letter providing the results of our review and the updated seismic data and parameters. The total fee for the work will not exceed $5,000. DocuSign Envelope ID: B56C5D07-44A2-43F6-88E9-4E502AF5B356 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 4/1/2020 Dealey,Renton &AssociatesP.O.Box 12675OaklandCA94604-2675 510-465-3090 510-452-2193 certificates@dealeyrenton.com License#:0020739 Travelers Property Casualty Company of America 25674 NINY&MO-01 Underwriters at Lloyd's,LondonNinyo&Moore Geotechnical &Environmental Sciences Consultants5710RuffinRoadSanDiegoCA92123 Evanston Insurance Company 35378 Travelers Casualty and Surety Co of America 31194 1360710626 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X OCP 1,000,000 2,000,000 X Y Y 6308986R247 10/3/2019 10/3/2020 2,000,000 A 1,000,000 X X X Y Y 8107N033091 10/3/2019 10/3/2020 A X X 9,000,000YCUP9J42852710/3/2019Y 10/3/2020 9,000,000 D X N Y UB6P428399 5/1/2020 5/1/2021 1,000,000 1,000,000 1,000,000 BC CyberLiabilityProfessionalLiab.&Contractor's PollutionLiab.Y ESI011226789MKLV7PL0004134 10/3/20194/3/2020 10/3/20205/1/2021 Per ClaimAnnualAggregate 1,000,0005,000,0005,000,000 REF:Master Agreement for Geotechnical Engineering Services.Agreement Name :Geo Tech -Agua Hedionda Creek -Coman Property.GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Carlsbad,its officials,employees and volunteers.Commercial GeneralLiabilityisprimaryandnon-contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non-PaymentofPremium. 30 Day NOC/10 Day for NonPay of Prem City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 947MurrietaCA92564 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑÐ®±°»®¬·»ô×²½òôîððì Ð¿¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 4/1/20206308986R247 ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ø×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷ Í»½¬·±²×× É¸±×ß²×²«®»¼·¿³»²¼»¼¬±·²ó Ì¸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²» ©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô Ç±«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó Ì¸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿ °®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò Ý±°§®·¹¸¬îððëÌ¸»Í¬òÐ¿«´Ì®¿ª»´»®Ý±³°¿²·»ô×²½òß´´®·¹¸¬®»»®ª»¼ò Ð¿¹»ï±ºï ×²½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ô×²½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6308986R247 4/1/2020 NAMED INSURED: POLICY NUMBER: <PNUM> ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Page 1 COMMERCIAL GENERAL LIABILITY COVERAGE Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIREDBY WRITTEN CONTRACT:If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a namedinsured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and(2) The "personal and advertising injury" for which coverage is sought is caused by an offense that iscommitted; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person ororganization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; orb. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Ninyo &Moore Geotechnical & 6308986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A.BLANKET ADDITIONAL INSURED H.AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT INCREASED LIMITB.EMPLOYEE HIRED AUTO I.WAIVER OF DEDUCTIBLE GLASSC.EMPLOYEES AS INSURED J.PERSONAL PROPERTYD.SUPPLEMENTARY PAYMENTS INCREASED LIMITS K.AIRBAGS E.TRAILERS INCREASED LOAD CAPACITY L.AUTO LOAN LEASE GAP F.HIRED AUTO PHYSICAL DAMAGE M.BLANKET WAIVER OF SUBROGATION G.PHYSICAL DAMAGE TRANSPORTATION EXPENSES INCREASED LIMIT A.BLANKET ADDITIONAL INSURED performing duties related to the conduct of your business.The following is added to Paragraph A.1.,Who Is An Insured,of SECTION II COVERED AUTOS 2.The following replaces Paragraph b.in B.5., LIABILITY COVERAGE:Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:Any person or organization who is required under a written contract or agreement between you and b.For Hired Auto Physical Damage Cover- that person or organization,that is signed and age,the following are deemed to be cov- executed by you before the "bodily injury"or ered "autos"you own: "property damage"occurs and that is in effect (1)Any covered "auto"you lease,hire,during the policy period,to be named as an addi-rent or borrow;andtionalinsuredisan"insured"for Covered Autos (2)Any covered "auto"hired or rented byLiabilityCoverage,but only for damages to which your "employee"under a contract inthisinsuranceappliesandonlytotheextentthat an "employee's"name,with yourpersonororganizationqualifiesasan"insured" permission,while performing dutiesundertheWhoIsAnInsuredprovisioncontained related to the conduct of your busi-in Section II. ness.B.EMPLOYEE HIRED AUTO However,any "auto"that is leased,hired,1.The following is added to Paragraph A.1.,rented or borrowed with a driver is not aWhoIsAnInsured,of SECTION II COV-covered "auto".ERED AUTOS LIABILITY COVERAGE: C.EMPLOYEES AS INSUREDAn"employee"of yours is an "insured"while The following is added to Paragraph A.1.,Who Isoperatingacovered"auto"hired or rented An Insured,of SECTION II COVERED AUTOSunderacontractoragreementinan"em-LIABILITY COVERAGE:ployee's"name,with your permission,while CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 8107N033091 COMMERCIAL AUTO (2)An adjustment for depreciation and physicalAny"employee"of yours is an "insured"while us- ing a covered "auto"you don't own,hire or borrow condition will be made in determining actual in your business or your personal affairs.cash value in the event of a total "loss". D.SUPPLEMENTARY PAYMENTS INCREASED (3)If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the amount of betterment.1.The following replaces Paragraph A.2.a.(2)of SECTION II COVERED AUTOS LIABILITY (4)A deductible equal to the highest Physical COVERAGE:Damage deductible applicable to any owned covered "auto".(2)Up to $3,000 for cost of bail bonds (in- (5)This Coverage Extension does not apply to:cluding bonds for related traffic law viola- tions)required because of an "accident"(a)Any "auto"that is hired,rented or bor-we cover.We do not have to furnish rowed with a driver;orthesebonds.(b)Any "auto"that is hired,rented or bor-2.The following replaces Paragraph A.2.a.(4)of rowed from your "employee".SECTION II COVERED AUTOS LIABILITY G.PHYSICAL DAMAGE TRANSPORTATIONCOVERAGE:EXPENSES INCREASED LIMIT(4)All reasonable expenses incurred by the The following replaces the first sentence in Para-"insured"at our request,including actual graph A.4.a.,Transportation Expenses,oflossofearningsupto$500 a day be-SECTION III PHYSICAL DAMAGE COVER-cause of time off from work.AGE:E.TRAILERS INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum ofThefollowingreplacesParagraphC.1.of SEC-$1,500 for temporary transportation expense in-TION I COVERED AUTOS:curred by you because of the total theft of a cov- 1."Trailers"with a load capacity of 3,000 ered "auto"of the pri ate passenger type.v pounds or less designed primarily for travel H.AUDIO,VISUAL AND DATA ELECTRONIConpublicroads.EQUIPMENT INCREASED LIMIT F.HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b.of SECTION III PHYSICAL The following is added to Paragraph A.4.,Cover-DAMAGE COVERAGE is deleted. age Extensions,of SECTION III PHYSICAL I.WAIVER OF DEDUCTIBLE GLASSDAMAGECOVERAGE:The following is added to Paragraph D.,Deducti-Hired Auto Physical Damage Coverage ble,of SECTION III PHYSICAL DAMAGE COVERAGE:If hired "autos"are covered "autos"for Covered Autos Liability Coverage but not covered "autos"No deductible for a covered "auto"will apply to for Physical Damage Coverage,and this policy glass damage if the glass is repaired rather than replaced.also provides Physical Damage Coverage for an owned "auto",then the Physical Damage Cover-J.PERSONAL PROPERTY age is extended to "autos"that you hire,rent or The following is added to Paragraph A.4.,Cover-borrow subject to the following:age Extensions,of SECTION III PHYSICAL DAMAGE COVERAGE:(1)The most we will pay for "loss"to any one "auto"that you hire,rent or borrow is the Personal Property Coverage lesser of:We will pay up to $400 for "loss"to wearing ap- (a)$50,000;parel and other personal property which is: (1)Owned by an "insured";and(b)The actual cash value of the damaged or stolen property as of the time of the (2)In or on your covered "auto". "loss";or This coverage only applies in the event of a total (c)The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover-property of like kind and quality.age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved.CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K.AIRBAGS (2)Any: The following is added to Paragraph B.3.,Exclu-(a)Overdue lease or loan payments at the sions,of SECTION III PHYSICAL DAMAGE time of the "loss"; COVERAGE:(b)Financial penalties imposed under a Exclusion 3.a.does not apply to "loss"to one or lease for excessive use,abnormal wear more airbags in a covered "auto"you own that in-and tear or high mileage; flate due to a cause other than a cause of "loss"(c)Security deposits not returned by the les-set forth in Paragraphs A.1.b.and A.1.c.,but sor;only: (d)Costs for extended warranties,Credit Lifea.If that "auto"is a covered "auto"for Compre-Insurance,Health,Accident or DisabilityhensiveCoverageunderthispolicy;Insurance purchased with the loan orb.The airbags are not covered under any war-lease;andranty;and (e)Carry-over balances from previous loansc.The airbags were not intentionally inflated.or leases. We will pay up to a maximum of $1,000 for any M.BLANKET WAIVER OF SUBROGATIONone"loss". The following replaces Paragraph A.5.,TransferL.AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us,The following is added to Paragraph A.4.,Cover-of SECTION IV BUSINESS AUTO CONDI-age Extensions,of SECTION III PHYSICAL TIONS:DAMAGE COVERAGE:5.Transfer Of Rights Of Recovery AgainstAutoLoanLeaseGapCoverageforPrivateOthersToUsPassengerTypeVehicles We waive any right of recovery we may haveIntheeventofatotal"loss"to a covered "auto"of against any person or organization to the ex-the private passenger type shown in the Schedule tent required of you by a written contract exe-or Declarations for which Physical Damage Cov-cuted prior to any "accident"or "loss",pro-erage is provided,we will pay any unpaid amount vided that the "accident"or "loss"arises out ofdue on the lease or loan for such covered "auto" the operations contemplated by such con-less the following: tract.The waiver applies only to the person or(1)The amount paid under the Physical Damage organization designated in such contract.Coverage Section of the policy for that "auto"; and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB6P428399 Travelers Casualty and Surety Co of America 4/1/2020 PSA19-571CA City Attorney Approved Version 7/19/17 1 of 11 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 4715 This seventh Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between NINYO & MOORE, 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 Consulting Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated April 24, 2020, (“proposal”), attached as Appendix "A" for the Safety Center - Geotechnical And Environmental Consulting Services, (the “Project"). The Project services shall include Site inspection and testing of existing geotechnical and environmental conditions and followup report. Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 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 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 herein and is inclusive of any expenses often categorized as “reimbursable expenses”. 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. Table 1 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 Table 1. Additional task groups, not shown in Table 1, 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, 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, inclusive of any expenses often categorized as reimbursable expenses, is $47,872. 2. PROGRESS AND COMPLETION DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B June 17, 2020 PSA19-571CA City Attorney Approved Version 7/19/17 2 of 11 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: 44571B65-B6E7-4481-A65F-84F756527B3B PSA19-571CA City Attorney Approved Version 7/19/17 3 of 11 TABLE 1 FEE ALLOTMENT INSPECTION, TESTING AND REPORT WRITING TASK GROUP TIME & MATERIALS 1.Geotechnical Evaluation $23,624 Review background information, perform site reconnaissance, subsurface exploration, geophysical survey, testing & report writing 3.Hazardous Materials Survey $24,248 Site survey, sample mapping, sampling, testing & report writing. TOTAL (Not-to-Exceed & inclusive of reimbursable expenses) $47,872 CONTRACTOR NINYO & MOORE, a California corporation NINYO & MOORE, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Avram Ninyo, President Elaine O. Autus, Assistant 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: _________________________ Geoff Patnoe, Assistant City Manager as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B 6/17/2020 April 24, 2020 Project No. 108715000 Mr. Steven Stewart City of Carlsbad – Public Works 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Geotechnical and Environmental Consulting Services Safety Center Renovation and Seismic Retrofit 2560 Orion Way Carlsbad, California Reference: Ninyo & Moore, 2019, Geotechnical Evaluation, Safety Center Renovation, 2560 Orion Way, Carlsbad, California, Project No. 108715003: dated August 16. Dear Mr. Stewart: In response to your request, we are pleased to submit this proposal to provide geotechnical and environmental consulting services for the proposed renovation and seismic retrofit project at the City of Carlsbad’s existing Safety Center Building. This proposal is based on our correspondence with you and the project architect, our review of the as-built plans, and Ninyo & Moore’s history of work at the site. Specifically, last year, our offices prepared the referenced geotechnical evaluation report for the exterior improvements and exterior locker addition project that is planned for the site. From our correspondence with the project architect, we understand that the proposed renovation will include tenant improvements to over 90 percent of the existing building. Due to the site’s classification as an Essential Service Facility, a seismic retrofit will be performed as part of the renovation. The purpose of our geotechnical consulting services will be to provide a geotechnical design report with soil and seismic parameters for the retrofit in accordance with the 2019 California Building Code (CBC) and American Society of Civil Engineers (ASCE) 7-16 and 41-17 standards. Specifically, the report is to include site specific seismic analyses for the BSE-1E, BSE-1N, and BSE-2E hazards. In addition to our base scope of services for the geotechnical design report, we understand that the City may want to incorporate some additional geotechnical and environmental consulting services. One add-alternate service includes the evaluation of the existing building foundations’ dimensions at a couple of select locations for comparison to the as-built drawings. The other add alternate service may be associated with our environmental consulting services and would include the performance of a hazardous building materials (HBM) survey for the existing structure. APPENDIX ''A"PSA19-571CA 4 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | April 24, 2020 2 BASE SCOPE OF SERVICES – GEOTECHNICAL DESIGN REPORT Based on our understanding of the project, we propose the following base scope of services for the preparation of a geotechnical design report:  Reviewing background information including available geotechnical reports (including our previous geotechnical report), environmental reports, topographic maps, geologic maps, fault maps, flood zone maps, groundwater data, and aerial photographs.  Coordinating with the client to gain access to the site for our personnel, vehicles, and equipment.  Performing a site reconnaissance to observe site conditions and mark out boring locations. We will coordinate with Underground Service Alert for clearance of the existing underground utilities at our subsurface exploration sites. Additionally, we will subcontract a private utility locating company to assist in the location of possible underground utilities in the vicinity of the proposed boring locations.  Performing a subsurface exploration that includes drilling, logging, and sampling of two small-diameter exploratory borings to depths up to 20 feet (or refusal) with a truck-mounted drill rig. The borings will be drilled on the northern and southern sides of the existing building. The borings will be logged and sampled by Ninyo & Moore personnel. Bulk and in-place samples of the encountered soils will be collected and transported to our in-house geotechnical laboratory for testing.  Performing a surface geophysical survey including one Refraction Micro-tremor (ReMi) survey to evaluate the change in subsurface shear-wave velocity with respect to depth for the purpose of developing a Site Class for seismic design parameters.  Performing geotechnical laboratory testing on representative samples from our subsurface exploration to evaluate soil characteristics and design parameters.  Compiling and performing an engineering analysis of the data obtained. Site-specific seismic analyses will be performed using the BSE-1E, BSE-1N, and BSE-2E hazards, as defined in ASCE 41-17 and 7-16, will be performed.  Preparing an illustrated geotechnical design report providing our findings, conclusions, and recommendations for the project renovation and seismic retrofit. ADD ALTERNATE – FOUNDATION EVALUATION Based on our understanding of the project, we propose the following add alternate scope of services to evaluate the existing building foundation dimensions at a couple of select locations for the subject building:  Reviewing available as-built plans for the existing building.  Performing a site reconnaissance to observe site conditions and mark out test pit locations adjacent to the existing building. We will coordinate with Underground Service Alert for clearance of the existing underground utilities at our subsurface exploration sites and subcontract a private utility locating company to assist in the location of possible underground utilities in the vicinity of the proposed test pit locations. APPENDIX ''A"PSA19-571CA 5 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | April 24, 2020 3 Excavating, logging, and sampling of two exploratory test pits to depths up to 6 feet (or refusal). The test pits will be advanced in planter areas adjacent to the exterior walls to expose the building footings. The test pits will be logged by Ninyo & Moore personnel and samples of the subsurface soils will be collected and transported to our in-house geotechnical laboratory. Upon completion, the test pits will be backfilled with the excavated material. Preparing a write-up of our findings and conclusions regarding the existing building foundations that will be included in the geotechnical evaluation report. ADD ALTERNATE – HAZARDOUS BUILDING MATERIALS SURVEY In accordance with your request, we propose the following add alternate scope of services for a hazardous building materials (HBM) survey of the subject building: •Surveying and inspecting the existing building in order to identify homogeneous areas, suspect materials, and suspect surfaces. •Conducting as-needed bulk sampling of building materials suspected to be an ACM. A California Division of Occupational Safety and Health Certified Asbestos Consultant or Site Surveillance Technician will conduct the bulk sampling. Sample analysis will be performed by the United States Environmental Protection Agency recommended method of polarized light microscopy (PLM). Sample analysis will be conducted by an independent, sub-contracted laboratory with appropriate certifications. We have estimated that up to 240 bulk-material samples will be collected and because of material layering 360 separate PLM analyses will be performed. •The National Emission Standard for Hazardous Air Pollutants (40 California Federal Regulations 61 Subpart M) recommends that material found to contain less than 10% asbestos by PLM be further analyzed, or “point-counted,” in accordance with a subsection of the Environmental Protection Agency-recommended PLM analysis method. We have estimated that up to 36 “point-counts” will be utilized. •Conducting on-site XRF testing of surfaces suspected to contain lead. A California Department of Public Health (CDPH)-certified Lead Inspector/Assessor will conduct the testing. •Preparing an HBM Survey Report for the subject building which presents our data and summarizes our conclusions and recommendations. •Providing approximate locations of identified hazardous building materials on the material location maps, to be included with the HBM Survey Report. ASSUMPTIONS The proposed scopes of services and the associated fees are based on the following assumptions: Our services for this project is subject to California’s Prevailing Wages under Determination Year 2018-1D, in accordance with our current Master Services Agreement with the City of Carlsbad. Permits are not required for our field activities. APPENDIX ''A"PSA19-571CA 6 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | April 24, 2020 4 The City of Carlsbad will provide available as-built plans, building records, geotechnical reports, compaction reports, and utility plans. Add alternate services for the foundation evaluation, if authorized, will be performed concurrently with the geotechnical evaluation. Site access and coordination will be coordinated by the City of Carlsbad, who will also notify tenants and/or property owners in advance of our intent to visit the property. The site is accessible, there are no physical restrictions to implement the proposed scope of services, and work will be conducted during normal business hours Monday through Friday. The fixed-base laboratory costs reflect normal turnaround times. The visual observations made by Ninyo & Moore will be limited to accessible areas of the site. As such, some materials and/or surfaces may be inaccessible at the time of HBM survey activities. Collection of bulk samples of suspect ACMs causes damage to the existing materials. Care will be taken to collect bulk samples of suspect ACMs in low visibility areas where possible or in areas of prior damage. The work will be conducted by Ninyo & Moore expressly and solely for the City of Carlsbad, and their assigns. The evaluations, findings, conclusions, and recommendations contained in the report will represent Ninyo & Moore’s professional judgment and opinion. The report will be based solely on the information gained from observation and analytical results. In the event any conditions differing from or additional to those described in the report are encountered at a later time, Ninyo & Moore reserves the right to review such conditions and to modify, as appropriate, the assessments and conclusions given in the report. FEES Our fee for the geotechnical design report described for the project will be invoiced on a time-and- materials basis in accordance with our current on-call contract with the City of Carlsbad. Our fee to perform the geotechnical design report services outlined above is $23,624 (Twenty-Three Thousand Six Hundred Twenty-Four Dollars). A breakdown of this fee is presented in the attached Table 1. Our fee for the add alternate services including the foundation evaluation, will be provided on a time-and-expense basis accrued in accordance with our current contract with the City of Carlsbad. Our fee to perform the foundation evaluation services outlined above is an additional $8,598 (Eight Thousand Five Hundred Ninety-Eight Dollars). A breakdown of this fee is presented in the attached Table 2. Our fee for the add alternate services including the HBM survey, will be provided on a time-and- expense basis accrued in accordance with our current contract with the City of Carlsbad. Our fee to perform the HBM survey services outlined above is an additional $24,248 (Twenty-Four Thousand Two Hundred Forty-Eight Dollars). A breakdown of this fee is presented in the attached Table 3. APPENDIX ''A"PSA19-571CA 7 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | April 24, 2020 5 The presented fees are based upon the rates incorporated into our current Master Services Agreement with the City of Carlsbad and our understanding of the project. If services are requested that are beyond the scopes presented above, they will be invoiced on a time-and-materials basis in accordance with the rates of our current agreement. SCHEDULE We are prepared to begin our services immediately upon receiving a purchase order from the City of Carlsbad. We expect that coordinating and scheduling of our fieldwork will take one week and the fieldwork will be completed in three days. The geotechnical evaluation report will be issues approximately three weeks of the completion of the geotechnical field work. The HBM survey are report will be completed within four weeks after completion of the building survey field services. Verbal progress reports and preliminary findings can be provided during the course of our evaluation, if requested. If this proposal meets with your approval, please prepare and send us your contract documents authorizing us to proceed. We appreciate the opportunity to submit our proposal to you and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Nicolas J. Carpenter, CAC Senior Project Environmental Scientist Jeffrey T. Kent, PE, GE Principal Engineer NMM/NJC/JTK/gg Attachments: Table 1 – Breakdown of Fee (Geotechnical Design Report) Table 2 – Breakdown of Fee (Foundation Evaluation Table 3 – Breakdown of Fee (HBM Survey) Distribution: (1) Addressee (via email) APPENDIX ''A"PSA19-571CA 8 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Principal Engineer/Geologist/Environmental Scientist 2 hours @ 178.00$ /hour 356.00$ Project Engineer/Geologist/Environmental Scientist 2 hours @ 156.00$ /hour 312.00$ Senior Staff Engineer/Geologist/Environmental Scientist 6 hours @ 142.00$ /hour 852.00$ Subtotal 1,520.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Private Utility Locator Estimate 1,100.00$ Subtotal 1,668.00$ Project Engineer/Geologist/Environmental Scientist 8 hours @ 156.00$ /hour 1,248.00$ Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ 142.00$ /hour 1,136.00$ Drill Rig (Subcontractor)Estimate 3,200.00$ Subtotal 5,584.00$ Chloride and Sulfate Content, CT 417 & CT 422 1 test @ $175.00 /test 175.00$ Direct Shear – Undisturbed, D 3080 2 tests @ $300.00 /test 600.00$ Moisture and Density, D 2937 4 tests @ $45.00 /test 180.00$ pH and Resistivity, CT 643 1 test @ $175.00 /test 175.00$ Sieve Analysis, D 422, CT 202 2 tests @ $145.00 /test 290.00$ Subtotal 1,420.00$ Principal Engineer/Geologist/Environmental Scientist 4 hours @ 178.00$ /hour 712.00$ Project Engineer/Geologist/Environmental Scientist 24 hours @ 156.00$ /hour 3,744.00$ Senior Staff Engineer/Geologist/Environmental Scientist 24 hours @ 142.00$ /hour 3,408.00$ Subtotal 7,864.00$ Principal Engineer/Geologist/Environmental Scientist 4 hours @ 178.00$ /hour 712.00$ Project Engineer/Geologist/Environmental Scientist 12 hours @ 156.00$ /hour 1,872.00$ Senior Staff Engineer/Geologist/Environmental Scientist 12 hours @ 142.00$ /hour 1,704.00$ Technical Illustrator/CAD Operator 8 hours @ 92.00$ /hour 736.00$ Data Processor 8 hours @ 68.00$ /hour 544.00$ Subtotal 5,568.00$ TOTAL FEE 23,624.00$ Laboratory Analyses Table 1 – Breakdown of Fee (Geotechnical Design Report) Report Preparation Project Coordination and Background Review Subsurface Evaluation (Assumes 2 borings up to approximately 20 feet deep and ReMi survey) Data Compilation and Analysis Site Reconnaissance and Markout for Utility Clearance Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | CA11 | April 24, 2020 1 of 1 APPENDIX ''A"PSA19-571CA 9 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Project Engineer/Geologist/Environmental Scientist 4 hours @ 156.00$ /hour 624.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Subtotal 1,192.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Private Utility Locator Estimate 400.00$ Subtotal 968.00$ Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ 142.00$ /hour 1,136.00$ Manual Excavation Subcontractor Estimate 2,450.00$ Subtotal 3,586.00$ Direct Shear – Undisturbed, D 3080 1 test @ $300.00 /test 300.00$ Expansion Index, D 4829, IBC 18-3 1 test @ $190.00 /test 190.00$ Moisture and Density, D 2937 2 tests @ $45.00 /test 90.00$ Subtotal 580.00$ Principal Engineer/Geologist/Environmental Scientist 4 hours @ 178.00$ /hour 712.00$ Project Engineer/Geologist/Environmental Scientist 4 hours @ 156.00$ /hour 624.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Technical Illustrator/CAD Operator 4 hours @ 92.00$ /hour 368.00$ Subtotal 2,272.00$ TOTAL FEE 8,598.00$ Laboratory Analyses Report Preparation Table 2 – Breakdown of Fee (Foundation Evaluation) Project Coordination and Background Review Site Reconnaissance and Markout for Utility Clearance Subsurface Evaluation (Assumes 2 test pits in landscaped areas up to approximately 6 feet deep) Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | CA11 | April 24, 2020 1 of 1 APPENDIX ''A"PSA19-571CA 10 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B Principal Engineer/Geologist/Environmental Scientist 4 hours @ 178.00$ /hour 712.00$ Senior Project Engineer/Geologist/Environmental Scientist 6 hours @ 163.00$ /hour 978.00$ Subtotal 1,690.00$ Principal Engineer/Geologist/Environmental Scientist 2 hours @ 178.00$ /hour 356.00$ Senior Project Engineer/Geologist/Environmental Scientist 32 hours @ 163.00$ /hour 5,216.00$ Staff Engineer/Geologist/Environmental Scientist 32 hours @ 126.00$ /hour 4,032.00$ XRF Analysis for Lead-Containing Surfaces 4 days @ 350.00$ /hour 1,400.00$ Subtotal 11,004.00$ PLM Bulk Analysis (>72 Hour Turnaround Time)360 tests @ $7.25 /test 2,610.00$ Point Count Analysis (>72 Hour Turnaround Time)36 tests @ $48.00 /test 1,728.00$ Subtotal 4,338.00$ Principal Engineer/Geologist/Environmental Scientist 2 hours @ 178.00$ /hour 356.00$ Senior Project Engineer/Geologist/Environmental Scientist 12 hours @ 163.00$ /hour 1,956.00$ Staff Engineer/Geologist/Environmental Scientist 32 hours @ 126.00$ /hour 4,032.00$ Technical Illustrator/CAD Operator 8 hours @ 92.00$ /hour 736.00$ Data Processor 2 hours @ 68.00$ /hour 136.00$ Subtotal 7,216.00$ TOTAL FEE 24,248.00$ Laboratory Analyses Report Preparation Table 3 – Breakdown of Fee (HBM Survey) Project Coordination and Background Review HBM Survey Field Services Ninyo & Moore | 2560 Orion Way, Carlsbad, California | 108715000 | CA11 | April 24, 2020 1 of 1 APPENDIX ''A"PSA19-571CA 11 of 11 DocuSign Envelope ID: 44571B65-B6E7-4481-A65F-84F756527B3B 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 4/1/2020 Dealey,Renton &AssociatesP.O.Box 12675OaklandCA94604-2675 510-465-3090 510-452-2193 certificates@dealeyrenton.com License#:0020739 Travelers Property Casualty Company of America 25674 NINY&MO-01 Underwriters at Lloyd's,LondonNinyo&Moore Geotechnical &Environmental Sciences Consultants5710RuffinRoadSanDiegoCA92123 Evanston Insurance Company 35378 Travelers Casualty and Surety Co of America 31194 1360710626 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X OCP 1,000,000 2,000,000 X Y Y 6308986R247 10/3/2019 10/3/2020 2,000,000 A 1,000,000 X X X Y Y 8107N033091 10/3/2019 10/3/2020 A X X 9,000,000YCUP9J42852710/3/2019Y 10/3/2020 9,000,000 D X N Y UB6P428399 5/1/2020 5/1/2021 1,000,000 1,000,000 1,000,000 BC CyberLiabilityProfessionalLiab.&Contractor's PollutionLiab.Y ESI011226789MKLV7PL0004134 10/3/20194/3/2020 10/3/20205/1/2021 Per ClaimAnnualAggregate 1,000,0005,000,0005,000,000 REF:Master Agreement for Geotechnical Engineering Services.Agreement Name :Geo Tech -Agua Hedionda Creek -Coman Property.GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Carlsbad,its officials,employees and volunteers.Commercial GeneralLiabilityisprimaryandnon-contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non-PaymentofPremium. 30 Day NOC/10 Day for NonPay of Prem City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 947MurrietaCA92564 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑÐ®±°»®¬·»ô×²½òôîððì Ð¿¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 4/1/20206308986R247 ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ø×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷ Í»½¬·±²×× É¸±×ß²×²«®»¼·¿³»²¼»¼¬±·²ó Ì¸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²» ©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô Ç±«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó Ì¸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿ °®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò Ý±°§®·¹¸¬îððëÌ¸»Í¬òÐ¿«´Ì®¿ª»´»®Ý±³°¿²·»ô×²½òß´´®·¹¸¬®»»®ª»¼ò Ð¿¹»ï±ºï ×²½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ô×²½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6308986R247 4/1/2020 NAMED INSURED: POLICY NUMBER: <PNUM> ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Page 1 COMMERCIAL GENERAL LIABILITY COVERAGE Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIREDBY WRITTEN CONTRACT:If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a namedinsured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and(2) The "personal and advertising injury" for which coverage is sought is caused by an offense that iscommitted; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person ororganization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; orb. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Ninyo &Moore Geotechnical & 6308986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A.BLANKET ADDITIONAL INSURED H.AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT INCREASED LIMITB.EMPLOYEE HIRED AUTO I.WAIVER OF DEDUCTIBLE GLASSC.EMPLOYEES AS INSURED J.PERSONAL PROPERTYD.SUPPLEMENTARY PAYMENTS INCREASED LIMITS K.AIRBAGS E.TRAILERS INCREASED LOAD CAPACITY L.AUTO LOAN LEASE GAP F.HIRED AUTO PHYSICAL DAMAGE M.BLANKET WAIVER OF SUBROGATION G.PHYSICAL DAMAGE TRANSPORTATION EXPENSES INCREASED LIMIT A.BLANKET ADDITIONAL INSURED performing duties related to the conduct of your business.The following is added to Paragraph A.1.,Who Is An Insured,of SECTION II COVERED AUTOS 2.The following replaces Paragraph b.in B.5., LIABILITY COVERAGE:Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:Any person or organization who is required under a written contract or agreement between you and b.For Hired Auto Physical Damage Cover- that person or organization,that is signed and age,the following are deemed to be cov- executed by you before the "bodily injury"or ered "autos"you own: "property damage"occurs and that is in effect (1)Any covered "auto"you lease,hire,during the policy period,to be named as an addi-rent or borrow;andtionalinsuredisan"insured"for Covered Autos (2)Any covered "auto"hired or rented byLiabilityCoverage,but only for damages to which your "employee"under a contract inthisinsuranceappliesandonlytotheextentthat an "employee's"name,with yourpersonororganizationqualifiesasan"insured" permission,while performing dutiesundertheWhoIsAnInsuredprovisioncontained related to the conduct of your busi-in Section II. ness.B.EMPLOYEE HIRED AUTO However,any "auto"that is leased,hired,1.The following is added to Paragraph A.1.,rented or borrowed with a driver is not aWhoIsAnInsured,of SECTION II COV-covered "auto".ERED AUTOS LIABILITY COVERAGE: C.EMPLOYEES AS INSUREDAn"employee"of yours is an "insured"while The following is added to Paragraph A.1.,Who Isoperatingacovered"auto"hired or rented An Insured,of SECTION II COVERED AUTOSunderacontractoragreementinan"em-LIABILITY COVERAGE:ployee's"name,with your permission,while CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 8107N033091 COMMERCIAL AUTO (2)An adjustment for depreciation and physicalAny"employee"of yours is an "insured"while us- ing a covered "auto"you don't own,hire or borrow condition will be made in determining actual in your business or your personal affairs.cash value in the event of a total "loss". D.SUPPLEMENTARY PAYMENTS INCREASED (3)If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the amount of betterment.1.The following replaces Paragraph A.2.a.(2)of SECTION II COVERED AUTOS LIABILITY (4)A deductible equal to the highest Physical COVERAGE:Damage deductible applicable to any owned covered "auto".(2)Up to $3,000 for cost of bail bonds (in- (5)This Coverage Extension does not apply to:cluding bonds for related traffic law viola- tions)required because of an "accident"(a)Any "auto"that is hired,rented or bor-we cover.We do not have to furnish rowed with a driver;orthesebonds.(b)Any "auto"that is hired,rented or bor-2.The following replaces Paragraph A.2.a.(4)of rowed from your "employee".SECTION II COVERED AUTOS LIABILITY G.PHYSICAL DAMAGE TRANSPORTATIONCOVERAGE:EXPENSES INCREASED LIMIT(4)All reasonable expenses incurred by the The following replaces the first sentence in Para-"insured"at our request,including actual graph A.4.a.,Transportation Expenses,oflossofearningsupto$500 a day be-SECTION III PHYSICAL DAMAGE COVER-cause of time off from work.AGE:E.TRAILERS INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum ofThefollowingreplacesParagraphC.1.of SEC-$1,500 for temporary transportation expense in-TION I COVERED AUTOS:curred by you because of the total theft of a cov- 1."Trailers"with a load capacity of 3,000 ered "auto"of the pri ate passenger type.v pounds or less designed primarily for travel H.AUDIO,VISUAL AND DATA ELECTRONIConpublicroads.EQUIPMENT INCREASED LIMIT F.HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b.of SECTION III PHYSICAL The following is added to Paragraph A.4.,Cover-DAMAGE COVERAGE is deleted. age Extensions,of SECTION III PHYSICAL I.WAIVER OF DEDUCTIBLE GLASSDAMAGECOVERAGE:The following is added to Paragraph D.,Deducti-Hired Auto Physical Damage Coverage ble,of SECTION III PHYSICAL DAMAGE COVERAGE:If hired "autos"are covered "autos"for Covered Autos Liability Coverage but not covered "autos"No deductible for a covered "auto"will apply to for Physical Damage Coverage,and this policy glass damage if the glass is repaired rather than replaced.also provides Physical Damage Coverage for an owned "auto",then the Physical Damage Cover-J.PERSONAL PROPERTY age is extended to "autos"that you hire,rent or The following is added to Paragraph A.4.,Cover-borrow subject to the following:age Extensions,of SECTION III PHYSICAL DAMAGE COVERAGE:(1)The most we will pay for "loss"to any one "auto"that you hire,rent or borrow is the Personal Property Coverage lesser of:We will pay up to $400 for "loss"to wearing ap- (a)$50,000;parel and other personal property which is: (1)Owned by an "insured";and(b)The actual cash value of the damaged or stolen property as of the time of the (2)In or on your covered "auto". "loss";or This coverage only applies in the event of a total (c)The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover-property of like kind and quality.age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved.CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K.AIRBAGS (2)Any: The following is added to Paragraph B.3.,Exclu-(a)Overdue lease or loan payments at the sions,of SECTION III PHYSICAL DAMAGE time of the "loss"; COVERAGE:(b)Financial penalties imposed under a Exclusion 3.a.does not apply to "loss"to one or lease for excessive use,abnormal wear more airbags in a covered "auto"you own that in-and tear or high mileage; flate due to a cause other than a cause of "loss"(c)Security deposits not returned by the les-set forth in Paragraphs A.1.b.and A.1.c.,but sor;only: (d)Costs for extended warranties,Credit Lifea.If that "auto"is a covered "auto"for Compre-Insurance,Health,Accident or DisabilityhensiveCoverageunderthispolicy;Insurance purchased with the loan orb.The airbags are not covered under any war-lease;andranty;and (e)Carry-over balances from previous loansc.The airbags were not intentionally inflated.or leases. We will pay up to a maximum of $1,000 for any M.BLANKET WAIVER OF SUBROGATIONone"loss". The following replaces Paragraph A.5.,TransferL.AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us,The following is added to Paragraph A.4.,Cover-of SECTION IV BUSINESS AUTO CONDI-age Extensions,of SECTION III PHYSICAL TIONS:DAMAGE COVERAGE:5.Transfer Of Rights Of Recovery AgainstAutoLoanLeaseGapCoverageforPrivateOthersToUsPassengerTypeVehicles We waive any right of recovery we may haveIntheeventofatotal"loss"to a covered "auto"of against any person or organization to the ex-the private passenger type shown in the Schedule tent required of you by a written contract exe-or Declarations for which Physical Damage Cov-cuted prior to any "accident"or "loss",pro-erage is provided,we will pay any unpaid amount vided that the "accident"or "loss"arises out ofdue on the lease or loan for such covered "auto" the operations contemplated by such con-less the following: tract.The waiver applies only to the person or(1)The amount paid under the Physical Damage organization designated in such contract.Coverage Section of the policy for that "auto"; and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB6P428399 Travelers Casualty and Surety Co of America 4/1/2020 PSA19-571CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 6619 This sixth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Ninyo & Moore, ("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 a geologic evaluation 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 9, 2020, (“proposal”), attached as Appendix "A" for the California Environmental Quality Act Geology Threshold Assessment for Buena Vista Creek Channel Maintenance Project at El Camino Real, (the “Project"). The Project services shall include Conduct geologic evaluation for CEQA analysis regarding the Buena Vista Creek Channel Maintenance Project at El Camino Real. 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 fifty (50) 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: 727052AC-A7B1-4C49-A9B7-B8529BE286D7 April 14, 2020 PSA19-571CA 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 $5,362. TABLE 1 FEE ALLOTMENT CONDUCT GEOLOGIC EVALUATION FOR CEQA ANALYSIS TASK GROUP TIME & MATERIALS Geologic Assessment for CEQA analysis 5,362 TOTAL (Not-to-Exceed) $5,362 CONTRACTOR NINYO & MOORE NINYO & MOORE (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Avram Ninyo, President Elaine O. Autus, Assistant 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: 727052AC-A7B1-4C49-A9B7-B8529BE286D7 April 14, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 727052AC-A7B1-4C49-A9B7-B8529BE286D7 April 9, 2020 Project No. 108715000 Mr. Danny Zimny City of Carlsbad – Public Works 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal for Geotechnical Desktop Study Buena Vista Creek Maintenance Project El Camino Real, Carlsbad, California Dear Mr. Zimny: In response to your request, we are pleased to submit this proposal to perform a geotechnical desktop study for the Buena Vista Creek project in Carlsbad, California. The purpose of our study is to provide information regarding the geologic hazards at the project site to aid in the preparation of California Environmental Quality Act (CEQA) documents to be performed by LSA. Specifically, our study will focus on geologic hazards such as seismicity, liquefaction, landsliding, expansive soils and other pertinent hazards. Based on our correspondence with LSA, we understand that the project focuses on a section of the Buena Vista Creek located south of Highway 78 that passes beneath El Camino Real in Carlsbad, California. The concrete lined channel has been filled with sediment and is overgrown with dense vegetation. The project intends to remove the dense vegetation and accumulated sediment from within the channel, and perform any necessary repairs to the channel. SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services:  Reviewing readily available published and in-house geotechnical literature, topographic maps, geologic and geologic hazard maps, fault maps, flood zone maps, project plans, and stereoscopic aerial photographs.  Reviewing pertinent geotechnical information including reports, plans and other data provided by the City. DocuSign Envelope ID: 727052AC-A7B1-4C49-A9B7-B8529BE286D7 Ninyo & Moore | El Camino Real, Carlsbad, California | 108715000 | April 9, 2020 2  Performing a geologic field reconnaissance by a geologist to observe surface soil and geologic conditions at the site.  Compiling and analyzing the data obtained.  Preparing a Geotechnical Desktop Study Report with illustrations presenting our findings and conclusions regarding the geologic hazards that may affect the site. FEE Our fee for the services described above will be invoiced on a time-and-materials basis in accordance with our current contract with the City of Carlsbad. Our fee to perform the proposed services outlined above is $5,362 (Five Thousand Three Hundred Sixty-Two Dollars). The fee is based on the scope of services presented above and our understanding of the project. Additional services beyond those described herein, will be performed on a time-and-materials basis. ASSUMPTIONS The proposed scope of services and the associated fees are based on the following assumptions:  Permission for site access to our personnel will be granted and no permits will be required for our site reconnaissance.  Any permit fees, if applicable, will be waived by the City of Carlsbad. We appreciate the opportunity to submit our proposal to you and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Christina A. Tretinjak, PG, CEG Senior Project Geologist Jeffrey T. Kent, PE, GE Principal Engineer CAT/JTK/gg Distribution: (1) Addressee (via email) DocuSign Envelope ID: 727052AC-A7B1-4C49-A9B7-B8529BE286D7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/25/2019 Dealey,Renton &AssociatesP.O.Box 12675OaklandCA94604-2675 510-465-3090 510-452-2193 certificates@dealeyrenton.com License#:0020739 American Automobile Ins.Co.21849 NINY&MO-01 Travelers Property Casualty Company of America 25674Ninyo&Moore Geotechnical &Environmental Sciences Consultants5710RuffinRoadSanDiegoCA92123 Underwriters at Lloyd's,London Evanston Insurance Company 35378 1125817471 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X OCP 1,000,000 2,000,000 X Y Y 6308986R247 10/3/2019 10/3/2020 2,000,000 B 1,000,000 X X X Y Y 8107N033091 10/3/2019 10/3/2020 B X X 9,000,000YCUP9J42852710/3/2019Y 10/3/2020 9,000,000 A X N Y SCW0089731901 5/1/2019 5/1/2020 1,000,000 1,000,000 1,000,000 CD CyberLiabilityProffesionalLiab.&Contractor's PollutionLiab.Y ESI011226789MKLV7PL0003340 10/3/201910/3/2018 10/3/20204/3/2020 Per ClaimAnnualAggregate 1,000,0005,000,0005,000,000 REF:Master Agreement for Geotechnical Engineering Services.Agreement Name :Geo Tech -Agua Hedionda Creek -Coman Property.GENERALLIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Carlsbad,its officials,employees and volunteers.Commercial General Liability isprimaryandnon-contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,AutomobileLiabilityandWorkersCompensation.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non-Payment of Premium. 30 Day NOC/10 Day for NonPay of Prem City of Carlsbad/CMWDP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 6308986R247 COMMERC GENERAL L ABILIALIITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ARCHITECTS,ENGINEERS AND SURVEYORS SMINDUSTRY ENDORSEMENTEDGE This endorsement i ies insurance pro ided under t folmodfvhelowing: COMMERC GENERAL L ITY VERA AIALIABILCOGEPRT GENERAL DESCRI T O C COMMERC GENERAL L ABILIALIITY com i by any of your "e loyees"who is for "bod y in "tha a v ingmttedmpiljurytrisesoutofproid emp by you as a registered nurse,li-or fa l to pro ide inc edica ser-loyed i ing v "idental m l censed practical nurse,emergency medi v ces"or "Sa tan ser ices",xceptcaliGoodmarive technic an or para ,v ing or i ing for insurance purchased speci l by you toimedicinproidfalficaly to pro ide "idental medi ser i "or apply in e of the Li i of Insurancevinccalvcesxcessmts "Good Sa itan ser ices"to a person.mar v shown in the Declarat for this Co erageionsv Part.2.DE T ONSThefolisaddedtothelowingFINII Section:6.5.The fo lowing is added to Paragraph ofl SEC ON I COMMERC GENERAL L ABILIALIITY E.AIRCRAFT I PI TCHARTEREDWTHLO of the owner,caused by:f exp l t-ire; losion; igh ning; smoke resulting f m such f e o-ro ire,xplThefoisaddedtoElusion,llowing xc g.Aircraft,sion,or lightning; or water.The Damage ToAutoOrWatercraft2.SEC ION,oinParagraphf T Prem it wi ly to alisesRentedToYouLimllapplI COMMERC GENERAL L ABILIALIITY perfor by or on behalf o suchmedf2.1.d.The fo lowing replaces Paragraph ofl additiona insured; orlSUPPLETARYPAYMEN COMMERC GENERAL L ABILIALIITY 3.J.This Pro ision does not apply on any basis riod,whiche is ear .Any such newly ac-v ver lier to any person or organization for which co quired or for organiz ion that you reportv-med at erage as an additional insured specif l is in writing to us within 180 days after you ac-ica ly added by another endorsement to this Co r-quire or for the o ion l vevemrganizatwilbecored age Part.under this pro ision unti the end of the policyvl period,e i there are more than 180 daysvenfK.ADDITI INSURED COMMERC GENERAL L ABILIALIITY ance"by the m described inethod c.Suit SEC ION COMMERC GENERAL L ABILIALIITY (2)The total o al deductible andfl Insurance shown on the Declarations of self-amounts under that this Co Part.insured verage "other insurance".R.UNIN T OM ONTENIONALISSI W wi share the rema loss,ifellining 1.6.Rep-The fol is added to Paragraphlowingany,with any "other insurance"that is resentations SEC ION IV COMMERC GENERAL L ABILIALIITY son,including death resulting m any o "r ten contract requir insurance"means thatfroftheseatWiting any ti e.m part of any written contrac or written agreementt under which you are required to include a personU.AMENDED INSURED CON RACT DE I IONTFINT or organization as an additional insured on this COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE Thi e dorseme t m dfie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O 2.PROVISIONS The fol o ing i added to Paragraphl w s B 5..,O het r In u ances r of SE TION IV BUSIN SS AUTCE O1.The fo lowing is added to Paragraphl A.1.c.,Who COND T ONI I S:Is An Insu edr,of SE TION Il COV REDCE AU OS LIAB LIT CO E AGET I Y V R :Re ardle s o the provsions o pa ag aph a.a dg s f i f r r n Thi i cludes any pe son or organization who yos n r u pa ag aphr r d.of this part 5.O her Insurance,t this are requi ed under a writ en co tra t ort n c r i suran e i prim ry to and non-contri utory witn c s a b h ag ee ent betwee yo and that perso or m n u n r appl cable othe in urance under which anir s organi a ion,that is signed by you be o e thez t f r addi ional insured person o o ganiza io is thetr r t n "bodi y inju y or "property dam ge o curs andl r "a " c fi st nam d insured when the writ en co tra t or e t n c r that i i e fe t during the poli y period,to nams n f c c e ag ee ent be ween you and that person or m t raanadditonalisuredfoCovredAutos i n r e s organi ation,that is signed by you be o e thezf rLiailtyCovrage,but only fo dam ges to whi hb i e r a c "bo ily inj ry or "property dam ge o curs andd u "a " cthsinsuraneapplieandonlytotheexentoi c s t f that i in e fe t duri g the polcy period,requi es f c n i r sthatpersonsoroganizaio's l abi i y fo the' r t n i l t r th s i surance to be prim ry an non-contri utory.i n a d bconductoanothe"in ured".f r s CA 4 74 2 16T 0 ©2016 The T avelers Indemnit Company.All righryts reserved.Pa e 1 of 1g Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy # 8107N033091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. H.HIRED AUTO PHYSICAL DAMAGE LOSS OFA.BROAD FORM NAMED INSURED USE INCREASED LIMITB.BLANKET ADDITIONAL INSURED I.PHYSICAL DAMAGE TRANSPORTATIONC.EMPLOYEE HIRED AUTO EXPENSES INCREASED LIMIT D.EMPLOYEES AS INSURED J.PERSONAL PROPERTY E.SUPPLEMENTARY PAYMENTS INCREASED K.AIRBAGS LIMITS L.NOTICE AND KNOWLEDGE OF ACCIDENT OR F.HIRED AUTO LIMITED WORLDWIDE COV-LOSS ERAGE INDEMNITY BASIS M.BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE GLASS N.UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS this insurance applies and only to the extent thatA.BROAD FORM NAMED INSURED person or organization qualifies as an "insured"The following is added to Paragraph A.1.,Who Is under the Who Is An Insured provision containedAnInsured,of SECTION II COVERED AUTOS in Section II.LIABILITY COVERAGE: C.EMPLOYEE HIRED AUTOAnyorganizationyounewlyacquireorformdur- 1.The following is added to Paragraph A.1.,ing the policy period over which you maintain Who Is An Insured,of SECTION II COV-50%or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE:separately insured for Business Auto Coverage. An "employee"of yours is an "insured"whileCoverageunderthisprovisionisaffordedonlyun- operating an "auto"hired or rented under atilthe180thdayafteryouacquireorformtheor- contract or agreement in an "employee's"ganization or the end of the policy period,which-name,with your permission,while performingeverisearlier.duties related to the conduct of your busi-B.BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c.in A.1.,2.The following replaces Paragraph b.in B.5., Who Is An Insured,of SECTION II COVERED Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:AUTOS LIABILITY COVERAGE: b.For Hired Auto Physical Damage Cover-Any person or organization who is required under age,the following are deemed to be cov-a written contract or agreement between you and ered "autos"you own:that person or organization,that is signed and (1)Any covered "auto"you lease,hire,executed by you before the "bodily injury"or rent or borrow;and"property damage"occurs and that is in effect during the policy period,to be named as an addi-(2)Any covered "auto"hired or rented by tional insured is an "insured"for Covered Autos your "employee"under a contract in Liability Coverage,but only for damages to which an "employee's"name,with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy # 8107N033091 COMMERCIAL AUTO permission,while performing duties (a)With respect to any claim made or "suit" related to the conduct of your busi-brought outside the United States of America,the territories and possessionsness. of the United States of America,PuertoHowever,any "auto"that is leased,hired,Rico and Canada:rented or borrowed with a driver is not a covered "auto".(i)You must arrange to defend the "in- sured"against,and investigate or set-D.EMPLOYEES AS INSURED tle any such claim or "suit"and keepThefollowingisaddedtoParagraphA.1.,Who Is us advised of all proceedings and ac-An Insured,of SECTION II COVERED AUTOS tions.LIABILITY COVERAGE:(ii)Neither you nor any other involvedAny"employee"of yours is an "insured"while us-"insured"will make any settlementingacovered"auto"you don't own,hire or borrow without our consent.in your business or your personal affairs.(iii)We may,at our discretion,participateE.SUPPLEMENTARY PAYMENTS INCREASED in defending the "insured"against,orLIMITSinthesettlementof,any claim or 1.The following replaces Paragraph A.2.a.(2),"suit". of SECTION II COVERED AUTOS LIABIL-(iv)We will reimburse the "insured"forITYCOVERAGE:sums that the "insured"legally must (2)Up to $3,000 for cost of bail bonds (in-pay as damages because of "bodily cluding bonds for related traffic law viola-injury"or "property damage"to which tions)required because of an "accident"this insurance applies,that the "in- we cover.We do not have to furnish sured"pays with our consent,but only up to the limit described in Para-these bonds. graph C.,Limits Of Insurance,of2.The following replaces Paragraph A.2.a.(4),SECTION II COVERED AUTOSofSECTIONIICOVEREDAUTOSLIABIL-LIABILITY COVERAGE.ITY COVERAGE: (v)We will reimburse the "insured"for(4)All reasonable expenses incurred by the the reasonable expenses incurred"insured"at our request,including actual with our consent for your investiga-loss of earnings up to $500 a day be-tion of such claims and your defensecauseoftimeofffromwork.of the "insured"against any suchF.HIRED AUTO LIMITED WORLDWIDE COV-"suit",but only up to and includedERAGEINDEMNITYBASISwithinthelimitdescribedinPara- The following replaces Subparagraph (5)in Para-graph C.,Limits Of Insurance,of graph B.7.,Policy Period,Coverage Territory,SECTION II COVERED AUTOS of SECTION IV BUSINESS AUTO CONDI-LIABILITY COVERAGE,and not in addition to such limit.Our duty toTIONS: make such payments ends when we(5)Anywhere in the world,except any country or have used up the applicable limit ofjurisdictionwhileanytradesanction,em-insurance in payments for damages,bargo,or similar regulation imposed by the settlements or defense expenses.United States of America applies to and pro- hibits the transaction of business with or (b)This insurance is excess over any valid within such country or jurisdiction,for Cov-and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary,excess, contingent or on any other basis."auto"that you lease,hire,rent or borrow without a driver for a period of 30 days or less (c)This insurance is not a substitute for re-and that is not an "auto"you lease,hire,rent quired or compulsory insurance in anyorborrowfromanyofyour"employees",country outside the United States,its ter-partners (if you are a partnership),members ritories and possessions,Puerto Rico and(if you are a limited liability company)or Canada.members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO (2)In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law.Your failure to comply with No deductibles apply to this Personal Propertycompulsoryinsurancerequirementswillcoverage.not invalidate the coverage afforded by K.AIRBAGSthispolicy,but we will only be liable to the same extent we would have been liable The following is added to Paragraph B.3.,Exclu- had you complied with the compulsory in-sions,of SECTION III PHYSICAL DAMAGE surance requirements.COVERAGE: Exclusion 3.a.does not apply to "loss"to one or(d)It is understood that we are not an admit- more airbags in a covered "auto"you own that in-ted or authorized insurer outside the flate due to a cause other than a cause of "loss"United States of America,its territories set forth in Paragraphs A.1.b.and A.1.c.,butandpossessions,Puerto Rico and Can- only:ada.We assume no responsibility for the furnishing of certificates of insurance,or a.If that "auto"is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance.b.The airbags are not covered under any war- ranty;andG.WAIVER OF DEDUCTIBLE GLASS c.The airbags were not intentionally inflated.The following is added to Paragraph D.,Deducti- ble,of SECTION III PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE:one "loss". No deductible for a covered "auto"will apply to L.NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced.The following is added to Paragraph A.2.a.,of H.HIRED AUTO PHYSICAL DAMAGE LOSS OF SECTION IV BUSINESS AUTO CONDITIONS: USE INCREASED LIMIT Your duty to give us or our authorized representa- tive prompt notice of the "accident"or "loss"ap-The following replaces the last sentence of Para- plies only when the "accident"or "loss"is knowngraphA.4.b.,Loss Of Use Expenses,of SEC- to:TION III PHYSICAL DAMAGE COVERAGE: (a)You (if you are an individual);However,the most we will pay for any expenses for loss of use is $65 per day,to a maximum of (b)A partner (if you are a partnership); $750 for any one "accident".(c)A member (if you are a limited liability com- I.PHYSICAL DAMAGE TRANSPORTATION pany); EXPENSES INCREASED LIMIT (d)An executive officer,director or insurance manager (if you are a corporation or other or-The following replaces the first sentence in Para- ganization);orgraphA.4.a.,Transportation Expenses,of SECTION III PHYSICAL DAMAGE COVER-(e)Any "employee"authorized by you to give no- AGE:tice of the "accident"or "loss". We will pay up to $50 per day to a maximum of M.BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in-The following replaces Paragraph A.5.,Transfercurredbyyoubecauseofthetotaltheftofacov-Of Rights Of Recovery Against Others To Us,ered "auto"of the private passenger type.of SECTION IV BUSINESS AUTO CONDI- TIONS:J.PERSONAL PROPERTY 5.Transfer Of Rights Of Recovery AgainstThefollowingisaddedtoParagraphA.4.,Cover- Others To UsageExtensions,of SECTION III PHYSICAL DAMAGE COVERAGE:We waive any right of recovery we may have against any person or organization to the ex-Personal Property tent required of you by a written contract We will pay up to $400 for "loss"to wearing ap-signed and executed prior to any "accident" parel and other personal property which is:or "loss",provided that the "accident"or "loss" arises out of operations contemplated by(1)Owned by an "insured";and CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract.The waiver applies only to the The unintentional omission of,or unintentional person or organization designated in such error in,any information given by you shall not contract.prejudice your rights under this insurance.How- N.UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- lect additional premium or exercise our right ofThefollowingisaddedtoParagraphB.2.,Con- cancellation or non-renewal.cealment,Misrepresentation,Or Fraud,of SECTION IV BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. © 2016 The Travelers Indemnity Company. All rights reserved.Page 14 of 22 EU 00 01 07 16 UMBRELLA b.You have paid all premiums due for this policy at the time you make such request; c.You promptly pay the additional premium we charge for the Extended Reporting Period endorsement for this insurance when due. We will determine that additional premium after we have received your request for the Extended Reporting Period endorsement for this insurance. That additional premium is not subject to any limitation stated in the "underlying insurance" on the amount or percentage of additional premium that may be charged for the "extended reporting period" in such "underlying insurance"; and d.That Extended Reporting Period endorsement is issued by us and made a part of this policy. 3.Any Extended Reporting Period endorsement for this insurance will not reinstate or increase the Limits of Insurance or extend the policy period. 4.Except with respect to any provisions to the contrary contained in Paragraphs 1., 2. or 3. above, all provisions of any option to purchase an "extended reporting period" granted to you in the "underlying insurance" apply to this insurance. J.INSPECTIONS AND SURVEYS 1.We have the right but are not obligated to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. K.LEGAL ACTION AGAINST US 1.No person or organization has a right under this insurance: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this insurance unless all of its terms have been fully complied with. 2.A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for damages that: a.Are not payable under the terms of this insurance; or b.Are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L.MAINTENANCE OF UNDERLYING INSURANCE 1.The insurance afforded by each policy of "underlying insurance" will be maintained for the full policy period of this Excess Follow- Form And Umbrella Liability Insurance. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in Paragraphs 4.a.(1), (2)and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES. As such policies expire, you will renew them at limits and with coverage at least equal to the expiring limits of insurance. If you fail to comply with the above requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements. 2.The first Named Insured shown in the Declarations must give us written notice of any change in the "underlying insurance" as respects: a.Coverage; b.Limits of insurance; c.Termination of any coverage; or d.Exhaustion of aggregate limits. 3.If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of the "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance". M. OTHER INSURANCE This insurance is excess over any valid and collectible "other insurance" whether such "other insurance" is stated to be primary, contributing, Policy # CUP9J428527 UMBRELLA © 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 15 of 22 UMBRELLA excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply as excess of this insurance. However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization that qualifies as an insured under this insurance must apply on a primary basis, or a primary and non-contributory basis, then insurance provided under Coverage A is subject to the following provisions: 1.This insurance will apply before any "other insurance" that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that "other insurance", provided that the injury or damage for which coverage is sought is caused by an "event" that takes place or is committed subsequent to the signing of that contract or agreement by you. 2.This insurance is still excess over any valid and collectible "other insurance", whether primary, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. N.PREMIUM 1.The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums. 2.If the premium is a flat charge, it is not subject to adjustment except as provided in Paragraph 4. below. 3.If the premium is other than a flat charge, it is an advance premium only. The earned premium will be computed at the end of the policy period, or at the end of each year of the policy period if the policy period is two years or longer, at the rate shown in the Declarations, subject to the Minimum Premium. 4.Additional premium may become payable when coverage is provided for additional insureds under the provisions of SECTION II – WHO IS AN INSURED. O.PREMIUM AUDIT The premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat charge unless it is specified in the Declarations as adjustable. P.PROHIBITED COVERAGE – UNLICENSED INSURANCE 1.With respect to loss sustained by any insured in a country or jurisdiction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdiction. 2.We do not assume responsibility for: a.The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insurance in such country or jurisdiction; or b.The furnishing of certificates or other evidence of insurance in any country or jurisdiction in which we are not licensed to provide insurance. Q.PROHIBITED COVERAGE – TRADE OR ECONOMIC SANCTIONS We will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parent companies to: 1.Any trade or economic sanction under any law or regulation of the United States of America; or 2.Any other applicable trade or economic sanction, prohibition or restriction. R.REPRESENTATIONS By accepting this insurance, you agree: 1.The statements in the Declarations and any subsequent notice relating to "underlying insurance" are accurate and complete; 2.Those statements are based upon representations you made to us; and 3.We have issued this insurance in reliance upon your representations. S.SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured shown in the Declarations, this insurance applies: 1.As if each Named Insured were the only Named Insured; and 2.Separately to each insured against whom claim is made or "suit" is brought. WC 00 03 13 (Ed. 4-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed.4-84) © 1983 National Council on Compensation Insurance. 1 of 1 WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver of Subrogation as required by written contract. Policy No.SCW0089731901 Insured Ninyo & Moore Geotechnical & Environmental Sciences Consultants Countersigned by Insurance Company American Automobile Insurance Company Premium Endorsement No. Endorsement Effective 05/01/2019 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) PSA19-571CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6608 This fifth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Ninyo & Moore, ("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 Geotechnical Evaluation, Boring and Infiltration Testing 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 31, 2019, (“proposal”), attached as Appendix "A" for the Northwest Quadrant Drainage Improvement Geotechnical Evaluation, (the “Project"). The Project services shall include geotechnical evaluation, infiltration testing for the Northwest Quadrant (NWQ), drainage improvements at identified locations, perform boring, infiltration testing, conduct lab testing, comply evaluations, and provide geotechnical recommendations based on the result findings for the drainage design, pavement recommendation, and project improvement. 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 DocuSign Envelope ID: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF November 14, 2019 PSA19-571CA City Attorney Approved Version 7/19/17 2 Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $15,295. 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: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF PSA19-571CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT GEOTECHNICAL EVALUATION, INFILTRATION TESTING FOR THE NORTHWEST QUADRANT (NWQ), DRAINAGE IMPROVEMENTS AT IDENTIFIED LOCATIONS TASK GROUP TIME & MATERIALS Project cordination and Background Review $1,334 Permit Acqusition $1,783 Site Reconnaissance and Markout for Utility Clearance $568 Subsurface Evaluation (3 borings/infiltration tests to 6 feet) $5,380 Laboratory Analyses $2,050 Data Compilation and Analysis $1,596 Report Preparation $2,584 TOTAL (Not-to-Exceed) $15,295 CONTRACTOR NINYO & MOORE NINYO & MOORE (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Avram Ninyo, President Elaine O. Autus, Assistant 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: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF November 14, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF 5710 Ruffin Road | San Diego, California 92123 | p. 858.576.1000 | www.ninyoandmoore.com October 31, 2019 Project No. 108715000 Mr. Farhad Bolourchi City of Carlsbad, Public Works Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Scope and Fee for Geotechnical Evaluation and Infiltration Testing Northwest Quadrant (NWQ) Drainage Improvements Carlsbad, California Dear Mr. Bolourchi: In response to your request, we are pleased to submit this scope and fee to perform a geotechnical evaluation and infiltration testing for the Northwest Quadrant (NWQ) Drainage Improvements project in Carlsbad, California. The project consists of drainage improvements at three street locations: Pacific Avenue, Ocean Street at Cypress Avenue, and Washington Street. Based on our review of the provided site plans, we understand that the proposed improvements will consist of new drainage infrastructure including new storm drains, new curbs, and new pavements. Based on a preliminary review of background information, including geologic maps, we anticipate that the sites are underlain by a thin mantle of fill overlying old paralic deposits. SCOPE OF SERVICES Our proposed scope of services will include the following:  Reviewing readily available background information, including topographic and geologic maps, and stereoscopic aerial photographs.  Performing a geologic reconnaissance of the site to observe the existing conditions and to mark out the proposed boring locations. Underground Service Alert (USA) will be contacted to mark underground utilities near proposed borings.  Acquiring Right-of-Way (ROW) permits from the City of Carlsbad. We anticipate that the fees for the permits will be waived by the City of Carlsbad. DocuSign Envelope ID: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF Ninyo & Moore | NWQ Drainage Improvements, Carlsbad, California | 108715000 | October 31, 2019 2 Performing a subsurface exploration program consisting of manually excavating, sampling, and logging three (3) small-diameter exploratory borings in the areas of proposed improvements. Bulk soil samples will be collected at selected intervals from the borings. As indicated in the provided site plans, borings will be performed at the following locations: Pacific Avenue – One boring to 6 feet (or refusal); Ocean Street at Cypress Avenue – One boring to 6 feet (or refusal); and Washington Street – One boring to 6 feet (or refusal). Performing infiltration testing in our three borings. Per the City of Carlsbad guidelines, field infiltration testing is a two-day process that involves one day of test hole preparation and a second day for the testing. Infiltration tests will be performed in general conformance with the City of Carlsbad guidelines presented in their BMP Design Manual dated 2016. Performing laboratory testing on select samples collected from our subsurface exploration to evaluate soil characteristics and design parameters. Compiling and analyzing data obtained from our background, field, and laboratory evaluations. Preparing an illustrated written report providing our findings, conclusions, and geotechnical recommendations for design and construction of the proposed improvements. ASSUMPTIONS In preparing this proposal, we have made the following assumptions: The project is subject to prevailing wage requirements under determination year 2018-1D. Upon awarding of the project, the client will provide in writing the DIR Project ID for the purposes of electronic certified payroll reporting (eCPR) and labor compliance. Permission for site access will be granted for our personnel and equipment. Our field operations can be performed during regular work hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. We assume that our borings will be located in unpaved areas and that coring and patching will not be required. Environmental sampling and testing of the subsurface soils and groundwater is not included within the scope of this proposal. A detailed cost for these services, if needed, may be provided upon your request. FEE AND SCHEDULE Our fee for the services described for the project will be invoiced on a time-and-materials basis. Our fee to perform the services outlined above will be approximately $15,300 (Fifteen Thousand Three Hundred Dollars). The above fee is based on the scope of services presented above and our understanding of the existing conditions and proposed improvements. Additional services, beyond those described herein, if requested, will be performed on a time-and- materials basis or on a lump sum basis, as appropriate. DocuSign Envelope ID: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF Ninyo & Moore | NWQ Drainage Improvements, Carlsbad, California | 108715000 | October 31, 2019 3 We will begin our services upon receipt of a Purchase Order from the City of Carlsbad. Our fieldwork schedule is subject to approval of ROW permits, inclement weather or access constraints. Fieldwork is anticipated to take two to three days to perform. We estimate that our report will be completed within four weeks following the completion of our fieldwork. If this proposal meets with your approval, please provide us with your contract documents for signature. We appreciate the opportunity to be of service to you on this project. Respectfully submitted, NINYO & MOORE Christina Tretinjak, PG, CEG Senior Project Geologist Jeffrey T. Kent, PE, GE Principal Engineer CAT/JTK/gg Distribution: (1) Addressee (via e-mail) DocuSign Envelope ID: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF Principal Engineer/Geologist/Environmental Scientist 2 hours @ 178.00$ /hour 356.00$ Senior Project Engineer/Geologist/Environmental Scientist 6 hours @ 163.00$ /hour 978.00$ Subtotal 1,334.00$ Senior Project Engineer/Geologist/Environmental Scientist 2 hours @ 163.00$ /hour 326.00$ Senior Staff Engineer/Geologist/Environmental Scientist 6 hours @ 142.00$ /hour 852.00$ Traffic Control Plans (with 10% markup) Estimated 605.00$ Subtotal 1,783.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Subtotal 568.00$ Senior Staff Engineer/Geologist/Environmental Scientist 16 hours @ 142.00$ /hour 2,272.00$ Staff Engineer/Geologist/Environmental Scientist 8 hours @ 126.00$ /hour 1,008.00$ Traffic Control 10 hours @ 210.00$ /hour 2,100.00$ Subtotal 5,380.00$ $ 2,050.00 Subtotal 2,050.00$ Principal Engineer/Geologist/Environmental Scientist 2 hours @ 178.00$ /hour 356.00$ Senior Engineer/Geologist/Environmental Scientist 4 hours @ 168.00$ /hour 672.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Subtotal 1,596.00$ Principal Engineer/Geologist/Environmental Scientist 4 hours @ 178.00$ /hour 712.00$ Senior Project Engineer/Geologist/Environmental Scientist 8 hours @ 163.00$ /hour 1,304.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 142.00$ /hour 568.00$ Subtotal 2,584.00$ TOTAL ESTIMATED FEE 15,295.00$ Table 1 - Breakdown of Estimated Fee Report Preparation Project Coordination and Background Review Subsurface Evaluation (3 borings/infiltration tests to 6 feet) Data Compilation and Analysis Laboratory Analyses Tests to include moisture and dry density, expansion index, sieve analysis, shear strength, R- value, and corrosivity. Permit Acquisition Site Reconnaissance and Markout for Utility Clearance Ninyo & Moore | NWQ Drainage Improvements, Carlsbad, California | 108715000 | October 30, 2019 1 DocuSign Envelope ID: 9B8DA2B3-05B7-47AE-ADC5-196D853F2CAF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/25/2019 Dealey,Renton &AssociatesP.O.Box 12675OaklandCA94604-2675 510-465-3090 510-452-2193 certificates@dealeyrenton.com License#:0020739 American Automobile Ins.Co.21849 NINY&MO-01 Travelers Property Casualty Company of America 25674Ninyo&Moore Geotechnical &Environmental Sciences Consultants5710RuffinRoadSanDiegoCA92123 Underwriters at Lloyd's,London Evanston Insurance Company 35378 1125817471 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X OCP 1,000,000 2,000,000 X Y Y 6308986R247 10/3/2019 10/3/2020 2,000,000 B 1,000,000 X X X Y Y 8107N033091 10/3/2019 10/3/2020 B X X 9,000,000YCUP9J42852710/3/2019Y 10/3/2020 9,000,000 A X N Y SCW0089731901 5/1/2019 5/1/2020 1,000,000 1,000,000 1,000,000 CD CyberLiabilityProffesionalLiab.&Contractor's PollutionLiab.Y ESI011226789MKLV7PL0003340 10/3/201910/3/2018 10/3/20204/3/2020 Per ClaimAnnualAggregate 1,000,0005,000,0005,000,000 REF:Master Agreement for Geotechnical Engineering Services.Agreement Name :Geo Tech -Agua Hedionda Creek -Coman Property.GENERALLIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Carlsbad,its officials,employees and volunteers.Commercial General Liability isprimaryandnon-contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,AutomobileLiabilityandWorkersCompensation.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non-Payment of Premium. 30 Day NOC/10 Day for NonPay of Prem City of Carlsbad/CMWDP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 6308986R247 COMMERC GENERAL L ABILIALIITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ARCHITECTS,ENGINEERS AND SURVEYORS SMINDUSTRY ENDORSEMENTEDGE This endorsement i ies insurance pro ided under t folmodfvhelowing: COMMERC GENERAL L ITY VERA AIALIABILCOGEPRT GENERAL DESCRI T O C COMMERC GENERAL L ABILIALIITY com i by any of your "e loyees"who is for "bod y in "tha a v ingmttedmpiljurytrisesoutofproid emp by you as a registered nurse,li-or fa l to pro ide inc edica ser-loyed i ing v "idental m l censed practical nurse,emergency medi v ces"or "Sa tan ser ices",xceptcaliGoodmarive technic an or para ,v ing or i ing for insurance purchased speci l by you toimedicinproidfalficaly to pro ide "idental medi ser i "or apply in e of the Li i of Insurancevinccalvcesxcessmts "Good Sa itan ser ices"to a person.mar v shown in the Declarat for this Co erageionsv Part.2.DE T ONSThefolisaddedtothelowingFINII Section:6.5.The fo lowing is added to Paragraph ofl SEC ON I COMMERC GENERAL L ABILIALIITY E.AIRCRAFT I PI TCHARTEREDWTHLO of the owner,caused by:f exp l t-ire; losion; igh ning; smoke resulting f m such f e o-ro ire,xplThefoisaddedtoElusion,llowing xc g.Aircraft,sion,or lightning; or water.The Damage ToAutoOrWatercraft2.SEC ION,oinParagraphf T Prem it wi ly to alisesRentedToYouLimllapplI COMMERC GENERAL L ABILIALIITY perfor by or on behalf o suchmedf2.1.d.The fo lowing replaces Paragraph ofl additiona insured; orlSUPPLETARYPAYMEN COMMERC GENERAL L ABILIALIITY 3.J.This Pro ision does not apply on any basis riod,whiche is ear .Any such newly ac-v ver lier to any person or organization for which co quired or for organiz ion that you reportv-med at erage as an additional insured specif l is in writing to us within 180 days after you ac-ica ly added by another endorsement to this Co r-quire or for the o ion l vevemrganizatwilbecored age Part.under this pro ision unti the end of the policyvl period,e i there are more than 180 daysvenfK.ADDITI INSURED COMMERC GENERAL L ABILIALIITY ance"by the m described inethod c.Suit SEC ION COMMERC GENERAL L ABILIALIITY (2)The total o al deductible andfl Insurance shown on the Declarations of self-amounts under that this Co Part.insured verage "other insurance".R.UNIN T OM ONTENIONALISSI W wi share the rema loss,ifellining 1.6.Rep-The fol is added to Paragraphlowingany,with any "other insurance"that is resentations SEC ION IV COMMERC GENERAL L ABILIALIITY son,including death resulting m any o "r ten contract requir insurance"means thatfroftheseatWiting any ti e.m part of any written contrac or written agreementt under which you are required to include a personU.AMENDED INSURED CON RACT DE I IONTFINT or organization as an additional insured on this COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE Thi e dorseme t m dfie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O 2.PROVISIONS The fol o ing i added to Paragraphl w s B 5..,O het r In u ances r of SE TION IV BUSIN SS AUTCE O1.The fo lowing is added to Paragraphl A.1.c.,Who COND T ONI I S:Is An Insu edr,of SE TION Il COV REDCE AU OS LIAB LIT CO E AGET I Y V R :Re ardle s o the provsions o pa ag aph a.a dg s f i f r r n Thi i cludes any pe son or organization who yos n r u pa ag aphr r d.of this part 5.O her Insurance,t this are requi ed under a writ en co tra t ort n c r i suran e i prim ry to and non-contri utory witn c s a b h ag ee ent betwee yo and that perso or m n u n r appl cable othe in urance under which anir s organi a ion,that is signed by you be o e thez t f r addi ional insured person o o ganiza io is thetr r t n "bodi y inju y or "property dam ge o curs andl r "a " c fi st nam d insured when the writ en co tra t or e t n c r that i i e fe t during the poli y period,to nams n f c c e ag ee ent be ween you and that person or m t raanadditonalisuredfoCovredAutos i n r e s organi ation,that is signed by you be o e thezf rLiailtyCovrage,but only fo dam ges to whi hb i e r a c "bo ily inj ry or "property dam ge o curs andd u "a " cthsinsuraneapplieandonlytotheexentoi c s t f that i in e fe t duri g the polcy period,requi es f c n i r sthatpersonsoroganizaio's l abi i y fo the' r t n i l t r th s i surance to be prim ry an non-contri utory.i n a d bconductoanothe"in ured".f r s CA 4 74 2 16T 0 ©2016 The T avelers Indemnit Company.All righryts reserved.Pa e 1 of 1g Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy # 8107N033091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. H.HIRED AUTO PHYSICAL DAMAGE LOSS OFA.BROAD FORM NAMED INSURED USE INCREASED LIMITB.BLANKET ADDITIONAL INSURED I.PHYSICAL DAMAGE TRANSPORTATIONC.EMPLOYEE HIRED AUTO EXPENSES INCREASED LIMIT D.EMPLOYEES AS INSURED J.PERSONAL PROPERTY E.SUPPLEMENTARY PAYMENTS INCREASED K.AIRBAGS LIMITS L.NOTICE AND KNOWLEDGE OF ACCIDENT OR F.HIRED AUTO LIMITED WORLDWIDE COV-LOSS ERAGE INDEMNITY BASIS M.BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE GLASS N.UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS this insurance applies and only to the extent thatA.BROAD FORM NAMED INSURED person or organization qualifies as an "insured"The following is added to Paragraph A.1.,Who Is under the Who Is An Insured provision containedAnInsured,of SECTION II COVERED AUTOS in Section II.LIABILITY COVERAGE: C.EMPLOYEE HIRED AUTOAnyorganizationyounewlyacquireorformdur- 1.The following is added to Paragraph A.1.,ing the policy period over which you maintain Who Is An Insured,of SECTION II COV-50%or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE:separately insured for Business Auto Coverage. An "employee"of yours is an "insured"whileCoverageunderthisprovisionisaffordedonlyun- operating an "auto"hired or rented under atilthe180thdayafteryouacquireorformtheor- contract or agreement in an "employee's"ganization or the end of the policy period,which-name,with your permission,while performingeverisearlier.duties related to the conduct of your busi-B.BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c.in A.1.,2.The following replaces Paragraph b.in B.5., Who Is An Insured,of SECTION II COVERED Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:AUTOS LIABILITY COVERAGE: b.For Hired Auto Physical Damage Cover-Any person or organization who is required under age,the following are deemed to be cov-a written contract or agreement between you and ered "autos"you own:that person or organization,that is signed and (1)Any covered "auto"you lease,hire,executed by you before the "bodily injury"or rent or borrow;and"property damage"occurs and that is in effect during the policy period,to be named as an addi-(2)Any covered "auto"hired or rented by tional insured is an "insured"for Covered Autos your "employee"under a contract in Liability Coverage,but only for damages to which an "employee's"name,with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy # 8107N033091 COMMERCIAL AUTO permission,while performing duties (a)With respect to any claim made or "suit" related to the conduct of your busi-brought outside the United States of America,the territories and possessionsness. of the United States of America,PuertoHowever,any "auto"that is leased,hired,Rico and Canada:rented or borrowed with a driver is not a covered "auto".(i)You must arrange to defend the "in- sured"against,and investigate or set-D.EMPLOYEES AS INSURED tle any such claim or "suit"and keepThefollowingisaddedtoParagraphA.1.,Who Is us advised of all proceedings and ac-An Insured,of SECTION II COVERED AUTOS tions.LIABILITY COVERAGE:(ii)Neither you nor any other involvedAny"employee"of yours is an "insured"while us-"insured"will make any settlementingacovered"auto"you don't own,hire or borrow without our consent.in your business or your personal affairs.(iii)We may,at our discretion,participateE.SUPPLEMENTARY PAYMENTS INCREASED in defending the "insured"against,orLIMITSinthesettlementof,any claim or 1.The following replaces Paragraph A.2.a.(2),"suit". of SECTION II COVERED AUTOS LIABIL-(iv)We will reimburse the "insured"forITYCOVERAGE:sums that the "insured"legally must (2)Up to $3,000 for cost of bail bonds (in-pay as damages because of "bodily cluding bonds for related traffic law viola-injury"or "property damage"to which tions)required because of an "accident"this insurance applies,that the "in- we cover.We do not have to furnish sured"pays with our consent,but only up to the limit described in Para-these bonds. graph C.,Limits Of Insurance,of2.The following replaces Paragraph A.2.a.(4),SECTION II COVERED AUTOSofSECTIONIICOVEREDAUTOSLIABIL-LIABILITY COVERAGE.ITY COVERAGE: (v)We will reimburse the "insured"for(4)All reasonable expenses incurred by the the reasonable expenses incurred"insured"at our request,including actual with our consent for your investiga-loss of earnings up to $500 a day be-tion of such claims and your defensecauseoftimeofffromwork.of the "insured"against any suchF.HIRED AUTO LIMITED WORLDWIDE COV-"suit",but only up to and includedERAGEINDEMNITYBASISwithinthelimitdescribedinPara- The following replaces Subparagraph (5)in Para-graph C.,Limits Of Insurance,of graph B.7.,Policy Period,Coverage Territory,SECTION II COVERED AUTOS of SECTION IV BUSINESS AUTO CONDI-LIABILITY COVERAGE,and not in addition to such limit.Our duty toTIONS: make such payments ends when we(5)Anywhere in the world,except any country or have used up the applicable limit ofjurisdictionwhileanytradesanction,em-insurance in payments for damages,bargo,or similar regulation imposed by the settlements or defense expenses.United States of America applies to and pro- hibits the transaction of business with or (b)This insurance is excess over any valid within such country or jurisdiction,for Cov-and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary,excess, contingent or on any other basis."auto"that you lease,hire,rent or borrow without a driver for a period of 30 days or less (c)This insurance is not a substitute for re-and that is not an "auto"you lease,hire,rent quired or compulsory insurance in anyorborrowfromanyofyour"employees",country outside the United States,its ter-partners (if you are a partnership),members ritories and possessions,Puerto Rico and(if you are a limited liability company)or Canada.members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO (2)In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law.Your failure to comply with No deductibles apply to this Personal Propertycompulsoryinsurancerequirementswillcoverage.not invalidate the coverage afforded by K.AIRBAGSthispolicy,but we will only be liable to the same extent we would have been liable The following is added to Paragraph B.3.,Exclu- had you complied with the compulsory in-sions,of SECTION III PHYSICAL DAMAGE surance requirements.COVERAGE: Exclusion 3.a.does not apply to "loss"to one or(d)It is understood that we are not an admit- more airbags in a covered "auto"you own that in-ted or authorized insurer outside the flate due to a cause other than a cause of "loss"United States of America,its territories set forth in Paragraphs A.1.b.and A.1.c.,butandpossessions,Puerto Rico and Can- only:ada.We assume no responsibility for the furnishing of certificates of insurance,or a.If that "auto"is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance.b.The airbags are not covered under any war- ranty;andG.WAIVER OF DEDUCTIBLE GLASS c.The airbags were not intentionally inflated.The following is added to Paragraph D.,Deducti- ble,of SECTION III PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE:one "loss". No deductible for a covered "auto"will apply to L.NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced.The following is added to Paragraph A.2.a.,of H.HIRED AUTO PHYSICAL DAMAGE LOSS OF SECTION IV BUSINESS AUTO CONDITIONS: USE INCREASED LIMIT Your duty to give us or our authorized representa- tive prompt notice of the "accident"or "loss"ap-The following replaces the last sentence of Para- plies only when the "accident"or "loss"is knowngraphA.4.b.,Loss Of Use Expenses,of SEC- to:TION III PHYSICAL DAMAGE COVERAGE: (a)You (if you are an individual);However,the most we will pay for any expenses for loss of use is $65 per day,to a maximum of (b)A partner (if you are a partnership); $750 for any one "accident".(c)A member (if you are a limited liability com- I.PHYSICAL DAMAGE TRANSPORTATION pany); EXPENSES INCREASED LIMIT (d)An executive officer,director or insurance manager (if you are a corporation or other or-The following replaces the first sentence in Para- ganization);orgraphA.4.a.,Transportation Expenses,of SECTION III PHYSICAL DAMAGE COVER-(e)Any "employee"authorized by you to give no- AGE:tice of the "accident"or "loss". We will pay up to $50 per day to a maximum of M.BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in-The following replaces Paragraph A.5.,Transfercurredbyyoubecauseofthetotaltheftofacov-Of Rights Of Recovery Against Others To Us,ered "auto"of the private passenger type.of SECTION IV BUSINESS AUTO CONDI- TIONS:J.PERSONAL PROPERTY 5.Transfer Of Rights Of Recovery AgainstThefollowingisaddedtoParagraphA.4.,Cover- Others To UsageExtensions,of SECTION III PHYSICAL DAMAGE COVERAGE:We waive any right of recovery we may have against any person or organization to the ex-Personal Property tent required of you by a written contract We will pay up to $400 for "loss"to wearing ap-signed and executed prior to any "accident" parel and other personal property which is:or "loss",provided that the "accident"or "loss" arises out of operations contemplated by(1)Owned by an "insured";and CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract.The waiver applies only to the The unintentional omission of,or unintentional person or organization designated in such error in,any information given by you shall not contract.prejudice your rights under this insurance.How- N.UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- lect additional premium or exercise our right ofThefollowingisaddedtoParagraphB.2.,Con- cancellation or non-renewal.cealment,Misrepresentation,Or Fraud,of SECTION IV BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. © 2016 The Travelers Indemnity Company. All rights reserved.Page 14 of 22 EU 00 01 07 16 UMBRELLA b.You have paid all premiums due for this policy at the time you make such request; c.You promptly pay the additional premium we charge for the Extended Reporting Period endorsement for this insurance when due. We will determine that additional premium after we have received your request for the Extended Reporting Period endorsement for this insurance. That additional premium is not subject to any limitation stated in the "underlying insurance" on the amount or percentage of additional premium that may be charged for the "extended reporting period" in such "underlying insurance"; and d.That Extended Reporting Period endorsement is issued by us and made a part of this policy. 3.Any Extended Reporting Period endorsement for this insurance will not reinstate or increase the Limits of Insurance or extend the policy period. 4.Except with respect to any provisions to the contrary contained in Paragraphs 1., 2. or 3. above, all provisions of any option to purchase an "extended reporting period" granted to you in the "underlying insurance" apply to this insurance. J.INSPECTIONS AND SURVEYS 1.We have the right but are not obligated to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. K.LEGAL ACTION AGAINST US 1.No person or organization has a right under this insurance: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this insurance unless all of its terms have been fully complied with. 2.A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for damages that: a.Are not payable under the terms of this insurance; or b.Are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L.MAINTENANCE OF UNDERLYING INSURANCE 1.The insurance afforded by each policy of "underlying insurance" will be maintained for the full policy period of this Excess Follow- Form And Umbrella Liability Insurance. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in Paragraphs 4.a.(1), (2)and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES. As such policies expire, you will renew them at limits and with coverage at least equal to the expiring limits of insurance. If you fail to comply with the above requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements. 2.The first Named Insured shown in the Declarations must give us written notice of any change in the "underlying insurance" as respects: a.Coverage; b.Limits of insurance; c.Termination of any coverage; or d.Exhaustion of aggregate limits. 3.If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of the "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance". M. OTHER INSURANCE This insurance is excess over any valid and collectible "other insurance" whether such "other insurance" is stated to be primary, contributing, Policy # CUP9J428527 UMBRELLA © 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 15 of 22 UMBRELLA excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply as excess of this insurance. However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization that qualifies as an insured under this insurance must apply on a primary basis, or a primary and non-contributory basis, then insurance provided under Coverage A is subject to the following provisions: 1.This insurance will apply before any "other insurance" that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that "other insurance", provided that the injury or damage for which coverage is sought is caused by an "event" that takes place or is committed subsequent to the signing of that contract or agreement by you. 2.This insurance is still excess over any valid and collectible "other insurance", whether primary, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. N.PREMIUM 1.The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums. 2.If the premium is a flat charge, it is not subject to adjustment except as provided in Paragraph 4. below. 3.If the premium is other than a flat charge, it is an advance premium only. The earned premium will be computed at the end of the policy period, or at the end of each year of the policy period if the policy period is two years or longer, at the rate shown in the Declarations, subject to the Minimum Premium. 4.Additional premium may become payable when coverage is provided for additional insureds under the provisions of SECTION II – WHO IS AN INSURED. O.PREMIUM AUDIT The premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat charge unless it is specified in the Declarations as adjustable. P.PROHIBITED COVERAGE – UNLICENSED INSURANCE 1.With respect to loss sustained by any insured in a country or jurisdiction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdiction. 2.We do not assume responsibility for: a.The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insurance in such country or jurisdiction; or b.The furnishing of certificates or other evidence of insurance in any country or jurisdiction in which we are not licensed to provide insurance. Q.PROHIBITED COVERAGE – TRADE OR ECONOMIC SANCTIONS We will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parent companies to: 1.Any trade or economic sanction under any law or regulation of the United States of America; or 2.Any other applicable trade or economic sanction, prohibition or restriction. R.REPRESENTATIONS By accepting this insurance, you agree: 1.The statements in the Declarations and any subsequent notice relating to "underlying insurance" are accurate and complete; 2.Those statements are based upon representations you made to us; and 3.We have issued this insurance in reliance upon your representations. S.SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured shown in the Declarations, this insurance applies: 1.As if each Named Insured were the only Named Insured; and 2.Separately to each insured against whom claim is made or "suit" is brought. WC 00 03 13 (Ed. 4-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed.4-84) © 1983 National Council on Compensation Insurance. 1 of 1 WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver of Subrogation as required by written contract. Policy No.SCW0089731901 Insured Ninyo & Moore Geotechnical & Environmental Sciences Consultants Countersigned by Insurance Company American Automobile Insurance Company Premium Endorsement No. Endorsement Effective 05/01/2019 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) PSA19-571CA City Attorney Approved Version 7/19/17 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 SPECIAL INSPECTIONS AT FIRE STATION 5, PROJECT NO. 4736 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Ninyo & Moore Geotechnical and Environmental Sciences Consultants , 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 Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 12, 2019, (“proposal”), attached as Appendix "A" for the Special Inspections At Fire Station 5 – Project No. 4736, (the “Project"). The Project services shall include Continuous inspection of masonry and masonry grouting work, epoxy dowel installation and anchors. 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 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 working 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 $5,000. 1 of 6 DocuSign Envelope ID: 14568C05-3347-4C6E-872E-ADCAD8FF3E7D April 22, 2019 PSA19-571CA City Attorney Approved Version 7/19/17 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 of 6 DocuSign Envelope ID: 14568C05-3347-4C6E-872E-ADCAD8FF3E7D PSA19-571CA City Attorney Approved Version 7/19/17 TABLE 1 FEE ALLOTMENT OBSERVE AND REPORT TASK GROUP TIME & MATERIALS Special Inspections to include masonry, grout, epoxy dowels and masonry anchors during conversion of space into garage (to be billed on time and materials basis and verified by city Municipal Project Manager) TOTAL (Not-to-Exceed) $5,000 CONTRACTOR Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California corporation Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Avram Ninyo, PE GE / President Elaine O. Autus / Assistant 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 3 of 6 DocuSign Envelope ID: 14568C05-3347-4C6E-872E-ADCAD8FF3E7D 4/22/2019 5710 Ruffin Road | San Diego, California 92123 | p. 858.576.1000 | www.ninyoandmoore.com April 12, 2019 Project No. 108715001 Mr. Steven Stewart City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: On-Call Special Inspection and Materials Testing Services Fire Station No. 5 2540 Orion Way Carlsbad, California Dear Mr. Stewart: In accordance with your request, we are pleased to submit this not-to-exceed quote to provide on-call special inspection services for the Fire Station No. 5 project located in Carlsbad, California. Based on our conversations with you, we anticipate our special inspection, materials testing, and project management services to not exceed $5,000 (Five Thousand Dollars). Our services will be provided on a time-and-materials basis accrued in accordance with the Schedule of Fees contained in our on-call services contract with the City of Carlsbad. DIR number for the project. Our fee does not include time to review drawings, preparation of construction specifications, and attendance at meetings. We look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Jeremiah J. Harrington, EIT Senior Staff Engineer Ronald S. Halbert, PE Principal Engineer JH/RSH/gg Distribution: (1) Addressee (via e-mail) 4 of 6 PSA19-571CA DocuSign Envelope ID: 14568C05-3347-4C6E-872E-ADCAD8FF3E7D 5 of 6 PSA19-571CA DocuSign Envelope ID: 14568C05-3347-4C6E-872E-ADCAD8FF3E7D 6 of 6 PSA19-571CADocuSign Envelope ID: 14568C05-3347-4C6E-872E-ADCAD8FF3E7D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/20/2018 Dealey,Renton &AssociatesP.O.Box 12675Attn:Mandy GuoOaklandCA94604-2675 Doris A Chambers 510-465-3090 510-452-2193 dchambers@dealeyrenton.com Travelers Property Casualty Co of Ameri 25674 NINYOMOOR1 American Automobile Ins.Co.21849Ninyo&Moore Geotechnical &Environmental Sciences Consultants5710RuffinRoadSanDiegoCA92123 Evanston Insurance Company 35378 1318840371 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X OCP 1,000,000 2,000,000 X Y Y 6308986R247 10/3/2018 10/3/2019 2,000,000 A 1,000,000 X X X Y Y 8108986R247 10/3/2018 10/3/2019 A X X 9,000,000YCUP9J42852710/3/2018Y 10/3/2019 9,000,000 B X N Y SCW0021231801 5/1/2018 5/1/2019 1,000,000 1,000,000 1,000,000 C ProfessionalLiab.&Contractor'sPollutionLiab. Y MKLV7PL0003340 10/3/2018 4/3/2020 $5,000,000per Claim$5,000,000Anl Aggr REF:Master Agreement for Geotechnical Engineering Services.Agreement Name :Geo Tech -Agua Hedionda Creek -Coman Property.GENERALLIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Carlsbad,its officials,employees and volunteers.Commercial General Liability isprimaryandnon-contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,AutomobileLiabilityandWorkersCompensation.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non-Payment of Premium. 30 Day NOC/10 Day for NonPay of Prem City of Carlsbad/CMWDP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 COMMERC GENERAL L ABILIALIITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ARCHITECTS,ENGINEERS AND SURVEYORS SMINDUSTRY ENDORSEMENTEDGE This endorsement i ies insurance pro ided under t folmodfvhelowing: COMMERC GENERAL L ITY VERA AIALIABILCOGEPRT GENERAL DESCRI T O C COMMERC GENERAL L ABILIALIITY com i by any of your "e loyees"who is for "bod y in "tha a v ingmttedmpiljurytrisesoutofproid emp by you as a registered nurse,li-or fa l to pro ide inc edica ser-loyed i ing v "idental m l censed practical nurse,emergency medi v ces"or "Sa tan ser ices",xceptcaliGoodmarive technic an or para ,v ing or i ing for insurance purchased speci l by you toimedicinproidfalficaly to pro ide "idental medi ser i "or apply in e of the Li i of Insurancevinccalvcesxcessmts "Good Sa itan ser ices"to a person.mar v shown in the Declarat for this Co erageionsv Part.2.DE T ONSThefolisaddedtothelowingFINII Section:6.5.The fo lowing is added to Paragraph ofl SEC ON I COMMERC GENERAL L ABILIALIITY E.AIRCRAFT I PI TCHARTEREDWTHLO of the owner,caused by:f exp l t-ire; losion; igh ning; smoke resulting f m such f e o-ro ire,xplThefoisaddedtoElusion,llowing xc g.Aircraft,sion,or lightning; or water.The Damage ToAutoOrWatercraft2.SEC ION,oinParagraphf T Prem it wi ly to alisesRentedToYouLimllapplI COMMERC GENERAL L ABILIALIITY perfor by or on behalf o suchmedf2.1.d.The fo lowing replaces Paragraph ofl additiona insured; orlSUPPLETARYPAYMEN COMMERC GENERAL L ABILIALIITY 3.J.This Pro ision does not apply on any basis riod,whiche is ear .Any such newly ac-v ver lier to any person or organization for which co quired or for organiz ion that you reportv-med at erage as an additional insured specif l is in writing to us within 180 days after you ac-ica ly added by another endorsement to this Co r-quire or for the o ion l vevemrganizatwilbecored age Part.under this pro ision unti the end of the policyvl period,e i there are more than 180 daysvenfK.ADDITI INSURED COMMERC GENERAL L ABILIALIITY ance"by the m described inethod c.Suit SEC ION COMMERC GENERAL L ABILIALIITY (2)The total o al deductible andfl Insurance shown on the Declarations of self-amounts under that this Co Part.insured verage "other insurance".R.UNIN T OM ONTENIONALISSI W wi share the rema loss,ifellining 1.6.Rep-The fol is added to Paragraphlowingany,with any "other insurance"that is resentations SEC ION IV COMMERC GENERAL L ABILIALIITY son,including death resulting m any o "r ten contract requir insurance"means thatfroftheseatWiting any ti e.m part of any written contrac or written agreementt under which you are required to include a personU.AMENDED INSURED CON RACT DE I IONTFINT or organization as an additional insured on this COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. H.HIRED AUTO PHYSICAL DAMAGE LOSS OFA.BROAD FORM NAMED INSURED USE INCREASED LIMITB.BLANKET ADDITIONAL INSURED I.PHYSICAL DAMAGE TRANSPORTATIONC.EMPLOYEE HIRED AUTO EXPENSES INCREASED LIMIT D.EMPLOYEES AS INSURED J.PERSONAL PROPERTY E.SUPPLEMENTARY PAYMENTS INCREASED K.AIRBAGS LIMITS L.NOTICE AND KNOWLEDGE OF ACCIDENT OR F.HIRED AUTO LIMITED WORLDWIDE COV-LOSS ERAGE INDEMNITY BASIS M.BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE GLASS N.UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS this insurance applies and only to the extent thatA.BROAD FORM NAMED INSURED person or organization qualifies as an "insured"The following is added to Paragraph A.1.,Who Is under the Who Is An Insured provision containedAnInsured,of SECTION II COVERED AUTOS in Section II.LIABILITY COVERAGE: C.EMPLOYEE HIRED AUTOAnyorganizationyounewlyacquireorformdur- 1.The following is added to Paragraph A.1.,ing the policy period over which you maintain Who Is An Insured,of SECTION II COV-50%or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE:separately insured for Business Auto Coverage. An "employee"of yours is an "insured"whileCoverageunderthisprovisionisaffordedonlyun- operating an "auto"hired or rented under atilthe180thdayafteryouacquireorformtheor- contract or agreement in an "employee's"ganization or the end of the policy period,which-name,with your permission,while performingeverisearlier.duties related to the conduct of your busi-B.BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c.in A.1.,2.The following replaces Paragraph b.in B.5., Who Is An Insured,of SECTION II COVERED Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:AUTOS LIABILITY COVERAGE: b.For Hired Auto Physical Damage Cover-Any person or organization who is required under age,the following are deemed to be cov-a written contract or agreement between you and ered "autos"you own:that person or organization,that is signed and (1)Any covered "auto"you lease,hire,executed by you before the "bodily injury"or rent or borrow;and"property damage"occurs and that is in effect during the policy period,to be named as an addi-(2)Any covered "auto"hired or rented by tional insured is an "insured"for Covered Autos your "employee"under a contract in Liability Coverage,but only for damages to which an "employee's"name,with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 8108986R247 COMMERCIAL AUTO permission,while performing duties (a)With respect to any claim made or "suit" related to the conduct of your busi-brought outside the United States of America,the territories and possessionsness. of the United States of America,PuertoHowever,any "auto"that is leased,hired,Rico and Canada:rented or borrowed with a driver is not a covered "auto".(i)You must arrange to defend the "in- sured"against,and investigate or set-D.EMPLOYEES AS INSURED tle any such claim or "suit"and keepThefollowingisaddedtoParagraphA.1.,Who Is us advised of all proceedings and ac-An Insured,of SECTION II COVERED AUTOS tions.LIABILITY COVERAGE:(ii)Neither you nor any other involvedAny"employee"of yours is an "insured"while us-"insured"will make any settlementingacovered"auto"you don't own,hire or borrow without our consent.in your business or your personal affairs.(iii)We may,at our discretion,participateE.SUPPLEMENTARY PAYMENTS INCREASED in defending the "insured"against,orLIMITSinthesettlementof,any claim or 1.The following replaces Paragraph A.2.a.(2),"suit". of SECTION II COVERED AUTOS LIABIL-(iv)We will reimburse the "insured"forITYCOVERAGE:sums that the "insured"legally must (2)Up to $3,000 for cost of bail bonds (in-pay as damages because of "bodily cluding bonds for related traffic law viola-injury"or "property damage"to which tions)required because of an "accident"this insurance applies,that the "in- we cover.We do not have to furnish sured"pays with our consent,but only up to the limit described in Para-these bonds. graph C.,Limits Of Insurance,of2.The following replaces Paragraph A.2.a.(4),SECTION II COVERED AUTOSofSECTIONIICOVEREDAUTOSLIABIL-LIABILITY COVERAGE.ITY COVERAGE: (v)We will reimburse the "insured"for(4)All reasonable expenses incurred by the the reasonable expenses incurred"insured"at our request,including actual with our consent for your investiga-loss of earnings up to $500 a day be-tion of such claims and your defensecauseoftimeofffromwork.of the "insured"against any suchF.HIRED AUTO LIMITED WORLDWIDE COV-"suit",but only up to and includedERAGEINDEMNITYBASISwithinthelimitdescribedinPara- The following replaces Subparagraph (5)in Para-graph C.,Limits Of Insurance,of graph B.7.,Policy Period,Coverage Territory,SECTION II COVERED AUTOS of SECTION IV BUSINESS AUTO CONDI-LIABILITY COVERAGE,and not in addition to such limit.Our duty toTIONS: make such payments ends when we(5)Anywhere in the world,except any country or have used up the applicable limit ofjurisdictionwhileanytradesanction,em-insurance in payments for damages,bargo,or similar regulation imposed by the settlements or defense expenses.United States of America applies to and pro- hibits the transaction of business with or (b)This insurance is excess over any valid within such country or jurisdiction,for Cov-and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary,excess, contingent or on any other basis."auto"that you lease,hire,rent or borrow without a driver for a period of 30 days or less (c)This insurance is not a substitute for re-and that is not an "auto"you lease,hire,rent quired or compulsory insurance in anyorborrowfromanyofyour"employees",country outside the United States,its ter-partners (if you are a partnership),members ritories and possessions,Puerto Rico and(if you are a limited liability company)or Canada.members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO (2)In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law.Your failure to comply with No deductibles apply to this Personal Propertycompulsoryinsurancerequirementswillcoverage.not invalidate the coverage afforded by K.AIRBAGSthispolicy,but we will only be liable to the same extent we would have been liable The following is added to Paragraph B.3.,Exclu- had you complied with the compulsory in-sions,of SECTION III PHYSICAL DAMAGE surance requirements.COVERAGE: Exclusion 3.a.does not apply to "loss"to one or(d)It is understood that we are not an admit- more airbags in a covered "auto"you own that in-ted or authorized insurer outside the flate due to a cause other than a cause of "loss"United States of America,its territories set forth in Paragraphs A.1.b.and A.1.c.,butandpossessions,Puerto Rico and Can- only:ada.We assume no responsibility for the furnishing of certificates of insurance,or a.If that "auto"is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance.b.The airbags are not covered under any war- ranty;andG.WAIVER OF DEDUCTIBLE GLASS c.The airbags were not intentionally inflated.The following is added to Paragraph D.,Deducti- ble,of SECTION III PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE:one "loss". No deductible for a covered "auto"will apply to L.NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced.The following is added to Paragraph A.2.a.,of H.HIRED AUTO PHYSICAL DAMAGE LOSS OF SECTION IV BUSINESS AUTO CONDITIONS: USE INCREASED LIMIT Your duty to give us or our authorized representa- tive prompt notice of the "accident"or "loss"ap-The following replaces the last sentence of Para- plies only when the "accident"or "loss"is knowngraphA.4.b.,Loss Of Use Expenses,of SEC- to:TION III PHYSICAL DAMAGE COVERAGE: (a)You (if you are an individual);However,the most we will pay for any expenses for loss of use is $65 per day,to a maximum of (b)A partner (if you are a partnership); $750 for any one "accident".(c)A member (if you are a limited liability com- I.PHYSICAL DAMAGE TRANSPORTATION pany); EXPENSES INCREASED LIMIT (d)An executive officer,director or insurance manager (if you are a corporation or other or-The following replaces the first sentence in Para- ganization);orgraphA.4.a.,Transportation Expenses,of SECTION III PHYSICAL DAMAGE COVER-(e)Any "employee"authorized by you to give no- AGE:tice of the "accident"or "loss". We will pay up to $50 per day to a maximum of M.BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in-The following replaces Paragraph A.5.,Transfercurredbyyoubecauseofthetotaltheftofacov-Of Rights Of Recovery Against Others To Us,ered "auto"of the private passenger type.of SECTION IV BUSINESS AUTO CONDI- TIONS:J.PERSONAL PROPERTY 5.Transfer Of Rights Of Recovery AgainstThefollowingisaddedtoParagraphA.4.,Cover- Others To UsageExtensions,of SECTION III PHYSICAL DAMAGE COVERAGE:We waive any right of recovery we may have against any person or organization to the ex-Personal Property tent required of you by a written contract We will pay up to $400 for "loss"to wearing ap-signed and executed prior to any "accident" parel and other personal property which is:or "loss",provided that the "accident"or "loss" arises out of operations contemplated by(1)Owned by an "insured";and CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract.The waiver applies only to the The unintentional omission of,or unintentional person or organization designated in such error in,any information given by you shall not contract.prejudice your rights under this insurance.How- N.UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- lect additional premium or exercise our right ofThefollowingisaddedtoParagraphB.2.,Con- cancellation or non-renewal.cealment,Misrepresentation,Or Fraud,of SECTION IV BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. É±®µ»®ùÝ±³°»²¿¬·±²¿²¼Û³°´±§»®ùÔ·¿¾·´·¬§×²«®¿²½»Ð±´·½§ É¿·ª»®±ºÑ«®Î·¹¸¬¬±Î»½±ª»®Ú®±³Ñ¬¸»®Û²¼±®»³»²¬óÝ¿´·º±®²·¿ ÉÝðìðíðê ×º¬¸»º±´´±·²¹·²º±®³¿¬·±²·²±¬½±³°´»¬»®»º»®¬±¬¸»¿°°®±°®·¿¬»½¸»¼«´»¿¬¬¿½¸»¼¬±¬¸»°±´·½§ ×²«®»¼Ð±´·½§Ò«³¾»® Ð®±¼«½»®Ûºº»½¬·ª»Ü¿¬» ½¸»¼«´» Ð»®±²±®Ñ®¹¿²·¿¬·±²±¾»½®·°¬·±² ¼¼·¬·±²¿´Ð®»³·«³ É»¸¿ª»¬¸»®·¹¸¬¬±®»½±ª»®±«®°¿§³»²¬º®±³ ¿²§ó ±²»´·¿¾´»º±®¿²·²¶«®§½±ª»®»¼¾§¬¸·°±´·½§òÉ»©·´´ ²±¬»²º±®½»±«®®·¹¸¬¿¹¿·²¬¬¸»°»®±²±®±®¹¿²·¦¿¬·±² ²¿³»¼·²¬¸»Í½¸»¼«´»ò øÌ¸·¿¹®»»³»²¬¿°°´·»±²´§ ¬±¬¸»»¨¬»²¬¬¸¿¬§±«°»®º±®³ ©±®µ«²¼»®¿©®·¬¬»² ½±²¬®¿½¬¬¸¿¬®»¯«·®»§±«¬± ±¾¬¿·² ¬¸·¿¹®»»³»²¬ º®±³ «ò÷ Ç±« ³«¬³¿·²¬¿·² °¿§®±´´®»½±®¼¿½½«®¿¬»´§ »¹®»ó ¹¿¬·²¹¬¸»®»³«²»®¿¬·±² ±º§±«®»³°´±§»»©¸·´»»²ó ¹¿¹»¼·²¬¸»©±®µ¼»½®·¾»¼·²¬¸»Í½¸»¼«´»ò Ì¸»¿¼¼·¬·±²¿´°®»³·«³ º±®¬¸·»²¼±®»³»²¬¸¿´´¾» ¬¸»°»®½»²¬¿¹»ô¿¸±©²·²¬¸»Í½¸»¼«´»¿°°´·½¿¾´»¬± ¬¸·»²¼±®»³»²¬ô±º¬¸»Ý¿´·º±®²·¿©±®µ»®ù½±³°»²ó ¿¬·±²°®»³·«³ ±¬¸»®©·»¼«»±²«½¸®»³«²»®¿¬·±²ò   Ú·®»³¿²ùÚ«²¼×²«®¿²½»Ý±³°¿²·»  ÉÝðìðíðêìóèì ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRED YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS SCW0021231801Ninyo&Moore Geotechnical & 05/01/2018Dealey,Renton &Associates PSA 19-571 CA MASTER AGREEMENT FOR GEOTECHNICAL SERVICES NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS THIS AGREE~ENT is made and entered into as of the C2-Sth day of f\,j (}.JC,VV\~ , 2018, by and between the City of Carlsbad, a municipal corporation, ("City"}, Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in geotechnical services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to geotechnical services. D. Contractor has submitted a proposal to 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. SJANQARP 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. ~ 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 ANO COMPLEJlON 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 PSA19-571CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS Of CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor will be under control of the City only as to the result to be accomplished, but will consult with the City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, the City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and the City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by the City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INPEMNlflCATION 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 19-571 CA 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. 1 o. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. The City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to the City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 PSA 19-571 CA 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to 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 UCENSE 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 19-571 CA 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 Jeffrey T. Kent Title Project Manager Address 5710 Ruffin Road San Diego, CA 92123 Phone No. 858-576-1000 Email jkent@ninyoandmoore.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONfUCT 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. Yes0 No D 17. GENERAL COMPUANCE 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 PROHIBIJEP Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or the City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained City Attorney Approved Version 6/12/18 5 PSA 19-571 CA is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. The City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to the City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for the City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA 19-571 CA 23. JURISQICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. succEssoRs AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon the City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of the City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. eusuc 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 PSA19-571CA 27. AUTHOBIIX 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 Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California corporation By~~ (signh~ Avram Ninyo, PE, GE/ President (print name/title) (sign here) Elaine 0. Autus I Assistant Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: If required by the 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. Groyp A Chairman, President, or Vice-President Groyp 6 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY mCtA~ 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 Calitprnia f); a4 County of :)Ctn ~ ) On ID/!? Inc before me, ~r~vft I ,4,0 /"'..£, p--4_ h/ii::., Date Here Ins Name and Tit/ f the Officer personally appeared /lv-12J.,fo1 ,,,Uin'jo <1t-xcJ cJC{; M Q. ik.Ju,? Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ·· _,:.-,,s,,,-::<V'tr:O e P a oev, e ?: A e e • •~ : ,, _ • DONNA MADRIGAL -_ ;Q~-, Commlssio~ # 2103634 £ ·: ::,;;_/ :-;;;_.(~,-Not:ry Pu_bl1c -Cal1forn1a 5; , \ \~~t;,;.)/ San Diego County ;::; •-.,'i::)J_,'5/ My Comm. Expires Mar 17, 2019 [~ -~~~~......,.,....,.,.,..~ Place Notary Seal Above 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. ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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: ____________ _ Corporate Officer -Title(s): ______ _ 1 I Partner -U Limited [ I General 1 Individual i i Trustee [J Attorney in Fact [ l Guardian or Conservator I~ Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ i ! Corporate Officer -Title(s): ______ _ I I Partner -n Limited [] General I J Individual C Attorney in Fact l I Trustee • Guardian or Conservator 1·1 Other: ______________ _ Signer Is Representing: _________ _ ~'g(;.~~~~·~;,(;g;.~'Q(,~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PSA 19-571 CA EXHIBIT "A" scopE Of SERVICES Perform a variety of geotechnical services related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Geotechnical investigations B. Hazardous Material Evaluations C. Materials testing Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 Exhibit B STAFF ---' 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Master Agreement Rate Schedule Prices valid through December 1, 2021 ----~ ~-----------------~----------- Name Titte Jeffrey T. Kent Principal Engineer Gregory Farrand Principal Geologist Kenneth Mansir, Jr. Principal Engineer Mark Cuthbert Principal Engineer Ronald Halbert Principal Engineer Steve Beck Principal Environmental Geologist Stephen Waide Principal Environmental Scientist William Morrison Senior Engineer Madan Chirumalla Senior Engineer Todd Schmitz Senior Project Geologist Nicolas Carpenter Senior Project Environmental Scientist Kai Vedenoja Senior Project Engineer Christina Tretinjak Senior Project Geologist Gabriel Smith Project Engineer Nissa Morton Project Geologist Brian Matusek I Senior Staff Geologist Peter Nowicki Special Inspector Mitch Clements Special Inspector Julio Guzman Special Inspector/Field Technician Timothy Timmenman Special Inspector/Field Technician Daniel Lindsay Special Inspector/Field Technician Mike Laurenzano Special Inspector/Field Technician Patrick Simmons Special Inspector/Field Technician Eric Bryan Field Technician James Contino Field Technician Mark Maccarthy Field Technician Mario Palacios Field Technician Bryan Johnson Field Technician Zachary Hansen Field Technician Alex Gutierrez Field Technician Darin Vojtaskovic Laboratory Technician Shawn Spencer Laboratory Technician Aaron Frederick Laboratory Technician Alfredo Tapia Laboratory Technician EXPENSES p------------------------DescriptiOfl, Cost Subcontractor and Expense 2. See attached laboratory fees Pertest 3. See attached other charges Per attached PSA 19-571 CA ------- HoerlyRate $178.00 $178.0 $178.00 $178.0 $178.00 ' $178.0 $178.00 $168.00 $168.00 $163.00 $163.00 $163.00 $163.00I $156.00 $156.00 $142.0( $98.00 $98.00 $98.00 $98.00 $98.0C $98.00 $98.0( $98.00 $98.00 $98.00 $98.00 $98.00 $98.00 $98.00 $98.00 $98.00 $98.00 $98.00 ---%Markup, 101/c 0 For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. Ninyo & Moore I City of Carlsbad Discipline No. 10: Geotechnical Services RFQ 18-05 / P02-01338 I June 22, 201 "! C11 PW 10 PSA19-571CA 2018 Schedule of Fees for Laboratory Testing LabtJ~ojy Test;T~. ~-,-;--~--n., ~ Price· Per· Test · ---· · · --~-: SOILS CONCRETE AltemefJl Lini1s, D 4318, CT 204 $ 170 Compression Tests, 6x12 Cylinder, C 39 $ 30 Callomia Bearilg Ratio (CBR), D 1883 $ 550 Concrete Mx Design Review, Job Spec $ 180 Chlo!ide and Sulfate Cootent, CT417 & CT422 $ 175 Concre1e Mx Design, per Trial Balm, 6 cyinder, ACI $ 850 Consoidation, D 2435, CT 219 $ 300 Concrete Cores, Compression (excludes sampfr1g), C 42 $ 60 Consoidation, Hydro-Collapse onty, D 2435 .. -·····-········· ....................... $ 150 Drying Shrinkage, C 157 $ 400 Consolidation -nme Rate, D 2435, CT 219 $ 75 Flexural Test, C 78 $ 75 Direct Shear-Remolded, D 3080 $ 350 Flexural Test, C 293 $ 75 Direct Shear-Undisturbed, D 3080 $ 300 ~~-CTill $ ~ Durabiity Index, CT 229 $ 175 GunitB/Shotcrets, Panels, 3 cut cores per panel and tes~ ACI $ 275 Expansion Index, D 4829, IBC 18-3 $ 190 Jabsite Testing Laboratory Quote Expansion Potential (Method A), D 4546 $ 170 UghtweiJht Concrete Fill, Compression, C 495 $ 50 Geofabric Tensile and Elongation Test, D 4632 $ 200 Petrographic Analysis, C 856 $ 2,000 Hydraulic Conductivity, D 5084 $ 350 Restrai'led Expansion of Shrinkage Compensation $ 450 Hydrometer Analysis, D 422, CT 203 $ 220 Spli!ing Tensile Strength, C 496 $ 100 Moisture, Ash, & Organic Matter of Peat/Organic Soiis $ 120 3x6 Grout, (CLSM), C 39 $ 45 Moisture0nly,D2216,CT226 $ JS 2x2x2 Non-Shrink Grout, C 109 $ 45 Moisture and Density, D 2937 $ 45 Penneabiily, CH, D 2434, CT 220 $ 300 ASPHALT CONCRETE pH and Resistivity, CT64J $ 175 Air Voids, T 269 $ 75 Proctor Density 01557, D 698, CT 216, AASHTO T-180 $ 220 Asphalt M'IX Design. Caltrans (l'lCI. Aggregate Quaity) $ 4,500 Proctor Density wi1h Rock Correction D 1557 $ 340 Asphalt Mix Design Review, Job Spec $ 180 R-value, D 2844, CT 301 $ 325 Dust Proportioning, CT LP-4 $ 75 Sand Equivalent, D 2419, CT217 $ 125 Extraction, %Asphal~ incklding Gradciion, D 2172, CT 382 $ 250 Sieve Analysis, D 422, CT202 $ 145 Exlractfon, %Asphalt without Gradation, D 2172, CT 382 .. _ ............. -..... $ 150 SieveAnaysis. 200Wash, D 1140, CT202 $ 100 Am Stripping, CT 302 $ 120 Specific Gravity, D 854 $ 125 Hveem Stability and UnitWei;JhtD 1560, T246, CT366 $ 225 Thermal Resistivity (ASTM 5334, IEEE 442) $ 925 Marshall Stabiily, Flow and Unit Weight T 245 $ 240 Triaxial Shear, C.D, D 4767, T '297 $ 450 Maximum Theoretical Unit Weight, D 2041, CT 309 $ 150 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ 400 Moisture Content, CT 370 $ 85 TriaxialShear,C.U., w/o paelJl!SSUre, D4767, T2'297per~ $ 250 Moisture Susceptt,Hily and Tensile Stress Ratio, T 238, CT 371 $ 1,000 Triaxial Shear, U.U., D 2850 $ 180 SlunyWetTrackAbrasion, D 3910 $ 150 Unconfined Compression, D 2166, T 208 $ 130 ~. Asphalt Mix Verification (incl. Aggregate Quality) $ 4,900 Superpave, Gyratory Unit wt, T 312 $ 100 MASONRY Superpave, Hamburg 'Mleel, 20,000 passes, T 324 $1,000 Brick Absorption, 24-hoursubmeision, 5-hrboiing, 7-day, C 67 $ 70 Unit Weight sample or core, D 2726, CT 308 $ 100 Brick Compression Test, C 67 $ 55 Voids in Wineral Aggregate, (VM4.) CT LP-2 $ 75 Brick Efflorescence, C 67 $ 55 Voids filled with ASphat, (VFA) CT LP-3 $ 75 Brick Modtius of Rupture, C 67 $ 50 Wax Density, D 1188 $ 100 Brick Moisture as received, C 67 $ 45 Brick Saturation Coeflicien~ C 67 $ 60 AGGREGATES Concre1e Block Compression Test, 8x8x16, C 140 $ 70 aay Lumps and Friable Particles, C 142 $ 180 Concrete Block Conformance PackalJe, C 90 $ 500 Cleanness Value, CT 227 $ 180 Concrete Block Linear Shririlage, C 426 $ 200 Crushed Particles, CT205 $ 175 Concrete Block Unit Weig ht and Absorption, C 140 $ 70 Duabirity, Coarse or Fine, CT 229 $ 205 Cores, Compression or Shear Bond, CA Code $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 $ 180 Masonry Grout 3x3x6 prism compression, C 39 $ 45 Flat and ElorliJcl1ed Particle, D 4791 $ 220 Masonry Mortar, 2x4 cyfinder compression, C 109 $ 35 Lightweight Particles, C 123 $ 180 Masonry Prism, half size, compression, C 1019 $ 120 Los Angeles Abrasion, C 131 or C 535 $ 200 Masonry Prism, Fun size, C0111Jression, C 1019 $ 200 Material Finer than No. 200 Sieve by Washing, C 117 $ 90 Organic Impurities, C 40 $ 90 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Matar Bar Method, Coarse, C 1260 $ 1,250 Chemical Analysis, A 36, A 615 $ 135 Potential Abli Reactivi1y, Matar Bar Method, Fine, C 1260 $ 950 Fireproofing Density Test, UBC 7 -6 $ 60 Potential Reactivity of Aggregate (Chemical Method), C 289 $ 475 Hardness Test, Rockwell, A 370 $ 70 Sand Equivalent T 176, CT 217 $ 125 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Coarse Aggregate, T 27, C 136 $ 120 per assembly, A 325 $ 150 Sieve Analysis, Fine Aggregate Qnciuding wash), T 27, C 136 $ 145 Meehanieally Spliced Reinfon:ing Tensile Test, ACI $ 175 Sodium Sulfate Soundness, C 88 $ 450 Pre-Stress Strand [7 wre), A 416 $ 170 Specific Gravity and Absorption, Coarse, C 127, CT 206 $ 115 Reinforcing Tensile or Bend up to No. 11, A615 & A 706 $ 60 Specific Gravity and Absorption, Fine, C 128, CT 207 $ 175 Structural Steel Tensile Test Up to 200,000 lbs. (machining extra), A 370 $ 80 ROOFJNG Welded Reinforcing Tensile Test Up to No. 11 bars, ACI $ 65 Roofing TIie AbSOlpti0n, (set of 5), C 67 $ 250 Roofing TIie Strength Test, (set of 5), C 67 $ 250 Special preparation of stand.ro test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures, Ninyo & Moore I City of Carlsbad Discipline No. 10: Geotechnical Services RFQ 18-05 I P02-01338 J June 22, 2011 C11 PW 11 ACORDf, CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 9/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~1~cT Doris A Chambers Dealey, Renton & Associates ;,.~~>N,_t "·"· 510-465-3090 I FAX P. 0. Box 12675 (A/C Nol: 510-452-2193 Attn: Mandy Guo ~fDA~~ss: dchambers@dealevrenton.com Oakland CA 94604-2675 INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Casualty Co of Ameri 25674 INSURED NINYOMOOR1 INSURER B: American Automobile Ins. Co. 21849 Ninyo & Moore Geotechnical & INSURER c : Evanston Insurance ComDanv 35378 Environmental Sciences Consultants 5710 Ruffin Road INSURER D: San Diego CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1318840371 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF (~~)-Ji~) LTR ,.,c:n l,on,~ POLICY NUMBER (MM/DDNYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y 6308986R247 10/3/2018 10/3/2019 EACH OCCURRENCE $1.000.000 -• CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $1,000.000 X Contractual Liab MED EXP (Any one person) $ 10.000 X OCP PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0PRO-•LOC PRODUCTS -COMP/OP AGG $ 2.000.000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y 8108986R247 10/3/2018 10/3/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) r-- X ANY AUTO BODILY INJURY (Per person) $ r--OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY r--AUTOS X HIRED X NON-OWNED iP~~~~c7Je~t~AMAGE $ AUTOS ONLY AUTOS ONLY --$ A X UMBRELLA LIAB MOCCUR y y CUP9J428527 10/3/2018 10/3/2019 EACH OCCURRENCE $9,000.000 r-- EXCESS LIAB CLAIMS-MADE AGGREGATE $9,000.000 OED I I RETENTION $ $ B WORKERS COMPENSATION y SC'MJ021231801 5/1/2018 5/1/2019 X I ~~fTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $1,000.000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000.000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1.000,000 C Professional Liab. y MKLV7PL0003340 10/3/2018 4/3/2020 $5,000.000 per Claim & Contracto~s $5,000.000 Anl Aggr Pollution Liab. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Master Agreement for Geotechnical Engineering Services. Agreement Name : Geo Tech - Agua Hedionda Creek -Coman Property. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Carlsbad, its officials, employees and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/1 O Day for Non-Payment of Premium. CERTIFICATE HOLDER ay av or on av o CANCELLATION 30 D NOC/10 D f N P fP rem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 6308986R247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRY EDGE SM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE • This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured 8. Incidental Medical Malpractice C. Reasonable Force • Bodily Injury Or Property Damage D. Non-Owned Watercraft • Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage • Damage To Premises Rented To You G. Personal Injury • Assumed by Contract H. Increased Supplementary Payments I. Additional Insured • Owner, Manager Or Lessor Of Premises J. Additional Insured • Lessor Of Leased Equip- ment K. Additional Insured • State Or Political Subdivisions • Permits Relating To Premises L. Additional Insured • State Or Political Subdivisions • Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED • UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured • Newly Acquired Or Formed Organizations N. Injury To Co-Employees And Co-Volunteer Workers 0. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition • Rail- road Easement V. Additional Definition • Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENT AL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II • WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I • COV- ERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION Ill • LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE • EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT • INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II • WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I • COVERAGES • COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE • DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I• COVERAGES • COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION Ill • LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION Ill • LIMITS OF INSURANCE Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY • ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION I • COV- ERAGES • COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS • COVER- AGES A AND B of SECTION I • COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. I. ADDITIONAL INSURED • OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that "written contract requir- ing insurance". 2. The insurance provided to such additional in- sured under this Provision I. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED • LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II • WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to include as an additional insured on this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring insurance"; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with an operator. Page 4 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS • PERMITS RELATING TO PREMISES The following is added to SECTION II • WHO 15 AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED • STATE OR POLITI- CAL SUBDIVISIONS • PERMITS RELATING TO OPERATIONS The following is added to SECTION II • WHO 15 AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products • completed operations hazard". M. WHO 15 AN INSURED • NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II • WHO 15 AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS The following is added to SECTION II • WHO 15 AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of SECTION II • WHO 15 AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. 0. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION Ill • LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV• COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability com- pany), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an in- surance, loss control or risk manager or adminis- trator) designated by you to give such notice dis- covers that the "occurrence" or offense may in- volve this policy. Q. OTHER INSURANCE CONDITION 1. The following replaces Paragraph 4., Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I • Coverage A • Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and Page 6 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V • DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section Ill) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion Ill) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV • COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. 5. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV • COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- CG 04 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION • RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) 8108986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement -California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured Ninyo & Moore Geotechnical & Producer Dealey, Renton & Associates Schedule Person or Organization Policy Number SCW0021231801 Effective Date 05/01/2018 Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRED YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS Additional Premium % We have the right to recover our payments from any- one 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 segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compen- sation premium otherwise due on such remuneration. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Secretary {J:rl .. P1 Sid WC040306 4-84