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Home My WebLink AboutDokken Engineering; 2018-11-28; PSA19-556CAPSA19-556CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6094 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Dokken Engineering, ("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 Professional design and study 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 November 18, 2020, (“proposal”), attached as Appendix "A" for the El Camino Real Widening from Sunny Creek Road to Jackspar Drive, (the “Project"). The Project services shall include design plans, specifications, and estimates for construction. 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 ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three hundred sixty (360) 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: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B December 17, 2020 PSA19-556CA 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 $460,384. 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: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B PSA19-556CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT PREPARE IMPROVEMENT PLANS FOR CONSTRUCTION TASK GROUP TIME & MATERIALS Project Management and Meetings $15,440 Design Survey and Right of Way Engineering $70,423 Site Investigations and Concept Development $15,270 Utility Coordination and Relocation $33,080 Engineering Studies $35,756 Water Resources $30,260 Environmental Documentation $19,550 50% Plans, Specifications and Estimate $75,080 90% Plans, Specifications and Estimate $57,935 100% Plans, Specifications and Estimate $36,575 Right of Way Acquistion Services $19,400 Bid and Construction Support Services $19,465 IS/MND $22,400 Noise Study $9,750 TOTAL (Not-to-Exceed) $460,384 CONTRACTOR Dokken Engineering Dokken Engineering (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) John A. Klemunes, President (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: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B December 17, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 1 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR PROJECT DESCRIPTION The City of Carlsbad (City) has allocated local funds to provide complete street improvements matching adjacent, multi- modal roadway segments along El Camino Real, between Sunny Creek on the south and Jackspar Drive to the north. SCOPE OF WORK PROJECT ELEMENT 1 – PROJECT MANAGEMENT AND MEETINGS Project management includes project setup, regular in-person meetings, deliveries, presentation of work products, development and monitoring of action items, monthly progress reports, work progress monitoring, budget monitoring, extensive communication, and coordination. Task 1.1 Project Kick-off and PDT Meetings Dokken Engineering will coordinate meetings with the City and key stakeholders to facilitate decision making. For each meeting, Dokken will provide meeting notices, prepare meeting materials and agenda, facilitate the meeting, and prepare meeting minutes within five business days of the meeting. Dokken will consult with the City’s project manager prior to each meeting to review upcoming meeting items. The following meetings are anticipated for this project: Kickoff Meeting (1): To start the project, Dokken will organize a kickoff meeting with key personnel, design team members and stakeholder representatives on the project. The purpose of this meeting is to review the goals and objectives of the project, discuss each team member’s roles and responsibilities and identify critical project issues. PDT Meetings (4): The project development team (PDT) meeting, will be scheduled as needed to review project status and discuss items that require City decisions. Attendees are anticipated to include City staff, Dokken Project Manager, as well as consultant task leads and other stakeholders as necessary to facilitate resolutions. Task 1.2 Project Administration Dokken Engineering will monitor and control the effort and progress of the proposed services as follows: 1) Set up an internal project accounting system; 2) Prepare monthly Progress Reports indicating work accomplished the previous month, anticipated work to be completed the next month, issues requiring resolution, milestones achieved, meetings held, actions taken, approval actions required, coordination issues, and design schedule impacts to accompany client invoices; and 3) Prepare, monitor, and adjust Critical Path Method (CPM) Schedule on a monthly basis. Project Element 1 Deliverables: Attend and Facilitate up to five (5) meetings, Meeting Agendas; Meeting Minutes; Project Schedule with Updates, General Project Management Tracking PROJECT ELEMENT 2 - DESIGN SURVEY AND R/W ENGINEERING Task 2.1 Topographic Surveying Aguirre & Associates will provide aerial mapping and design ground survey to support the project design. Horizontal control is NAD 83, vertical control is NGVD 29. All surveys will be based on City of Carlsbad standards and delivered in AutoCAD format, including ASCII point files of all survey ties made. Primary control will be tied to City benchmark to assist with preparation of the digital terrain model (DTM) and topographic mapping. The limits of the aerial mapping will extend along El Camino Real from 100’ north of Jackspar Drive to 100’ south of College Boulevard with a 200’ buffer around the El Camino Real center line. Roadway cross sections will be taken at 25’ intervals in the northbound direction, including pavement elevations, asphalt concrete grade breaks, curb gutter, flow line, and sidewalk approximately 50’ behind the existing pavement. All sign locations, storm drain manhole inverts and covers, dips, elevations of exposed utility items, lane striping, sidewalk and driveway conforms, existing building conforms, unique topographic features, and all at grade or above ground features within the project limits will be field surveyed. Task 2.2 Right of Way Engineering A land net base map will be created for the project limits including the existing right of way, easements, and roadway centerline. It is anticipated that eight (8) plat maps and legal descriptions for four (4) property owners will be required for this project. One plat and legal will be prepared for the permanent acquisition and one will be prepared for the temporary construction easement for each parcel. A Record of Survey map will be prepared and processed based on the new City Right of Way boundary. Project Element 2 Deliverables: Topographic Survey and Land Net Base Map in ACAD, Record of Survey, Eight Plat and Legal Descriptions DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 2 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR PROJECT ELEMENT 3 –SITE INVESTIGATION, Task 3.1 Preliminary Site Investigations Dokken will conduct a site visit to review proposed site improvements, confirm existing site conditions, and examine existing streetscape and infrastructure. Dokken will perform record research with the City of Carlsbad and review existing reports, studies, and as-builts, and facility drawings to establish the existing conditions. Dokken will identify paths of travel for vehicles, bicycles, and pedestrians and provide recommendations for any additional enhancements. Dokken shall present a preliminary overview of construction issues and strategies to resolve said issues to the City of Carlsbad. Task 3.2 Concept Geometric Exhibit Dokken will develop a Concept Geometric Exhibit to provide the base roadway geometrics for the project. The Concept Exhibit will identify horizontal roadway geometrics, proposed striping, and drainage and water quality concepts. Impervious surfaces will be evaluated to not exceed the thresholds as required to meet storm water regulations. Additional opportunities will be evaluated within the existing landscape and common areas for enhancement and modification. A concept level utility analysis will be conducted to identify potential avoidance or relocation strategies. The Concept Plan will be presented in a large one sheet exhibit format. Following our draft submittal of the concept design to the City, a revised concept design will be submitted to the City for review and approval before developing the Plans, Specifications and Estimate. Project Element 3 Deliverables: Summary of Potential Construction Issues and Recommended Design Strategies, Concept Geometric Exhibit PROJECT ELEMENT 4 – UTILITY COORDINATION AND RELOCATION Task 4.1 Utility Coordination and Meetings Dokken Engineering will coordinate and meet with utility owners to develop utility protection measures and relocations during the design process. Utilities anticipated to require coordination under this task are Carlsbad Municipal Water District, SDG&E electric transmission, SDG&E electric distribution, SDG&E gas distribution, SDG&E gas transmission, Kinder Morgan, AT&T California (telephone), and Cox Communications (cable TV). The Design Professional will coordinate with representatives from each of the utility companies for review and approval of utility relocation schematic designs and/or protection measures. Up to four (4) utility focus meetings will be held during Design. The meetings will provide a regular forum to disseminate updated project design information, coordinate conceptual and final utility owner prepared relocation designs, coordinate construction sequencing and utility work windows for project specifications, review liability information and negotiate utility agreement language, identify construction permitting needs, and progress utility relocation design packages. Meetings will be attended by two (2) Design Professional and subconsultant employees at an assumed meeting duration of 2 hours. Task 4.2 Utility Base Mapping Dokken Engineering will prepare a letter request for as-builts and facility mapping from each of the utility companies. Dokken Engineering will perform a field review of the project site to ascertain existing conditions compared to the as-built drawings. Using the available record drawings, information from the field reconnaissance, utility mark outs and surveyed data points, Dokken Engineering will prepare a utility base map in AutoCAD format identifying the existing utilities. Task 4.3 Utility Potholing Dokken Engineering will prepare a utility pothole plan for up to 6 potholes, including a list of utilities to be potholed and location map with access identified, for the City’s review and approval. Dokken Engineering will be responsible for coordination with utility owners for standby during potholing, as needed, and Dig Alert. The utility pothole Contractor will be responsible for traffic control measures, BMP measures, all required training for work within the applicable right-of-way, payment of prevailing wages, and other requirements as identified in the contract. Pothole operations will be performed by a qualified contractor. A depth measurement will be taken for each pothole location. After the depth measurement, each potholed location will be backfilled. Suitable markers will be placed at each location such that a survey crew can locate markers at a later date. The markers will be PK nails in pavement areas and a survey stake in non-paved areas. Depth measurements will be made to the top of the PK nail or the survey stake. Dokken Engineering will develop a Subsurface Investigation Report to include utility owner, type, size, station, coordinates, depth from the marker to top of pipe or duct package, surveyed elevation of the marker, calculated top of pipe or duct DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 3 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR package elevations, and estimated bottom of pipe or duct bank elevation at each location. The report will also include a photograph of each location. Task 4.4 Utility Conflict Identification and Resolution Dokken Engineering will review the project design against the existing utility base mapping and identify potential utility conflicts. Dokken Engineering will develop an inventory of potential utility conflicts and prepare a Utility Conflict Identification Matrix with information on utility ownership, type, size, location, reason for potential conflict, and recommended conflict resolution. Utility conflicts will be depicted on corresponding Utility Conflict Identification Maps for review with the City of Carlsbad and utility company representatives, and inclusion in the Request for Liability Letters to owners. Project plan submittals will be made to each utility company with coordination occurring between each party through the final design and work order process. The Dokken Team will work with each utility provider to ensure all connections are identified on the plans. Each utility provider will provide a relocation plan based on the conflicts identified. Contractor installed utilities, such as water, will be identified and will use the appropriate utility provider specifications. They will be routed for approval by the appropriate utility company and include any special inspection requirements by the utility provider during construction. Dokken Engineering will coordinate utility relocations and avoidance measures with affected utility owners within the project area. It is anticipated that all dry utility relocation designs related to this project will be performed by the utility company personnel. Dokken Engineering will make recommendations to the utility owners regarding relocation strategies or avoidance measures based on the proposed project design, including but not limited to the alignment, stage construction and utility work windows, scheduling, and special provisions. Dokken Engineering will prepare conceptual/schematic utility relocation exhibits to aid in the coordination of the draft and final utility relocation plans to be prepared by the utility owner. Conceptual utility relocation exhibits will include plan views of the proposed relocations as well as cross sections where needed. Project Element 4 Deliverables: Utility Base Mapping in ACAD, Utility Conflict Matrix, Utility Conflict Exhibit, Potholing Report; Utility Correspondence PROJECT ELEMENT 5 – ENGINEERING STUDIES Task 5.1 Geotechnical Investigation Allied Geotechnical Engineers will provide geotechnical engineering design services to include the following: Field Reconnaissance, Planning, Permitting and Utility Clearance • Perform a field reconnaissance to select suitable locations for the soil borings. • Prepare a map showing the proposed boring locations for review and approval by Dokken and the City • Coordinate utility clearance of the proposed boring locations through Underground Service Alert (USA). • Obtain encroachment and traffic control permits from the City of Carlsbad. • Obtain soil boring permits from the County of San Diego Department of Environmental Health Services (DEHS), if applicable. Geotechnical Field Exploration Program The field exploration program will include the performance of the following: • The advancement of two (2) borings to a depth of 10 feet below the existing ground surface (bgs) in the general vicinity of two proposed retaining walls. • The advancement of infiltration testing holes at three (3) locations. Three (3) test holes will be performed at each location for a total of nine (9) holes. Test holes depths are anticipated to range between 3 to 6 feet bgs. • Sample collection for ADL testing. ADL samples will be collected from the borings and test holes. The borings and test holes will be performed using a truck-mounted drill rig. The soil materials encountered in the borings and test holes will be visually classified and logged, and representative samples of the soils will be collected for laboratory testing and analysis. During drilling, Standard Penetration Tests (SPT) will be performed with a specially manufactured "split spoon" sampler at selected depths. Relatively undisturbed samples will be obtained by driving a 3-inch (OD) diameter standard California sampler with a special cutting tip and inside lining of thin brass rings into the soils at the bottom of the borehole. Soil cuttings retained in the samplers will be field screened for the possible presence of volatile organic DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 4 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR compounds using a MiniRAE 3000 gas monitor. In addition, loose bulk samples will also be collected from each borehole and test hole. Laboratory Testing The soil samples obtained during the field investigation will be tested in the laboratory to determine certain physical and chemical properties and engineering characteristics. The testing will be performed in general conformance with the applicable procedures of the American Society for Testing and Materials (ASTM) and/or other public agency, and is anticipated to include: in-place dry density and moisture content; compaction; sieve analyses; direct shear; expansion index; R-value and analytical testing to determine soil pH, conductivity, chloride and sulfate concentrations. The ADL samples will be tested for total lead using United States Environmental Protection Agency (USEPA) Method 6010B. Samples with total lead concentrations in excess of ten times the Soluble Threshold Limit Concentration (STLC) will be further tested by modified California Title 22 waste extraction test (CA-WET) method using citric acid as the extractant, Toxicity Characteristic Leaching Procedure (TCLP) using USEPA Method 1311, and hydrogen ion index (pH) by USEPA Method 9045D. Engineering Analysis and Report Preparation This task involves an analysis of the field data and laboratory test results and the preparation of a Draft Report to present our findings, opinions, and recommendations with respect to the geotechnical aspects of the project. The report will address the following issues: • general surface and subsurface conditions along the project alignment; • general geologic conditions and potential geologic hazards; • presence of expansive and/or compressible soils; • groundwater conditions, if and where encountered within the depths of exploration; • soil parameters for use in design of the new retaining walls; • pavement design recommendations; • geotechnical parameters for use in design of the grading plan, including earth pressures, and anticipated short and long term settlements; • drainage considerations; • soil corrosivity characteristics; • construction-related considerations, including site preparation, guidelines for earthwork operations, dewatering (if applicable), and slope stability issues; and • AGE will analyze the ADL samples laboratory test results in general accordance with EPA Test Methods for Evaluating Solid Wastes (SW-846). The statistical analysis will be performed using the USEPA statistical analysis package, ProUCL Version 5.1.002. Based on the results of the analysis, AGE will provide recommendations for handling and disposal of the onsite soil materials. Task 5.2 Traffic Study VRPA will prepare a study to provide a VMT analysis and traffic analysis of widening the northbound lanes of El Camino Real between College Boulevard and Jackspar Drive in the City of Carlsbad. The study will include the following components: • Qualitative analysis of the VMT implications of the project to document that the project would tend to increase VMT based on facilitating auto movements but would tend to decrease VMT based on facilitating travel by transit and pedestrian modes. • Comparison of the proposed project to the list of projects in the Technical Advisory on Evaluating Transportation Impacts in CEQA (Governor’s Office of Planning and Research, 2018) that would not lead to a substantial increase in VMT and would not require a VMT analysis. If the project is consistent with or similar to projects on this list, the transportation impacts of the project would be considered to be less than significant and no further analysis would be required. • Brief traffic analysis to document the project’s effect on traffic operations. The analysis will be based on Average Daily Traffic conditions and will document the existing and future traffic conditions and level of service with and without the project. • Documentation of the analysis described above in a brief technical memorandum. A draft of the memorandum will be submitted to City staff for review and a final version will be prepared that will incorporate any comments • Participation in up to three conference calls or virtual meetings to discuss the study. DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 5 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR Project Element 5 Deliverables: Draft and Final Geotechnical Report, Draft and Final Traffic Study PROJECT ELEMENT 6– WATER RESOURCES Task 6.1 Drainage Report Dokken Engineering will perform a hydrologic analysis to quantify the existing and proposed runoff flowing from the project site. Results of this analysis will be used to assist with the hydraulic analysis of the proposed condition. The hydraulic analysis will consist of a post-project spread analysis, inlet efficiency calculations, and verification of storm drain pipe sizes for new or impacted storm drain facilities. The City will provide or agree to assumed boundary conditions utilized in the hydraulic analysis for connections to existing drainage systems and outfalls. A Drainage Report will be prepared to document the hydrology and hydraulic analysis based on City criteria and will provide a detailed discussion of the existing conditions, post-project drainage patterns and conditions, results of the on-site hydraulic analyses, and any issues of special concern or significance. A draft version of the report will be submitted to the City at the 50% and finalized at the 90% milestone. Task 6.2 Storm Water Quality Management Plan Dokken Engineering will prepare a Green Streets Storm Water Quality Management Plan (SWQMP) in accordance with the City of Carlsbad BMP Design Manual and the San Diego Regional Municipal Separate Storm Sewer Systems (MS4) Permit (Order No. R9-2013-0001). The SWQMP is anticipated to include the following features: a description of the existing and proposed site conditions and drainage patterns; identification of receiving water pollutants of concern and project specific pollutants; a description of the feasible Site Design and Source Control Best Management Practices (BMPs) and justification of measures considered infeasible or not applicable to the project; a description of the Green Street BMPs and justification of measures considered infeasible or not applicable to the project; supporting Pollutant Control BMP Design Calculations; the City standard single sheet BMP Exhibit depicting all BMPs, drainage management areas (DMAs), impervious features, existing and proposed drainage improvements, discharge points, and other features as specified in the City BMP Design Manual; an operation and maintenance plan; infiltration feasibility documentation; and all applicable forms and checklists. Critical Course Sediment Yield Area (CCSYA) protection and analysis is not required since none exist within the project drainage boundaries. Hydromodification analysis is not included in this scope due to the Green Streets PDP exemption. A draft version of the report will be submitted to the City at the 50% and finalized at the 90% milestone. Project Element 6 Deliverables: Drainage Report at the 50%, and 90% milestones and SWQMP at the 50%, and 90% milestones PROJECT ELEMENT 7 – ENVIRONMENTAL DOCUMENTATION Task 7.1 General Environmental Studies Dokken biological and archaeological staff will conduct background research and perform field visits to verify that no environmentally sensitive areas are present within the proposed project area. The methodologies and results of these efforts will be documented in a biological report and a cultural report provided to the City as supporting the California Environmental Quality Act (CEQA) exemption determination. Archaeological background research would also include a search of archaeological files and data at the California Historical Resources Information System’s South Coastal Information Center. It should be noted that based on preliminary research, a jurisdictional delineation is not required for this project as there are no waters of the US (WOTUS) or State (WOTS) located within the project area. Per recent and revised regulatory guidance from the US Army Corp of Engineers and the California Regional Water Quality Board, water features are considered a WOTUS/WOTS if there is surficial connectivity to a designated WOTUS. In the project area, there are some lower lying areas which likely carry roadside and hillside run-off, but such features do not qualify as a WOTUS or WOTS. Further, while wetlands would be considered a WOTS, preliminary research did not identify any wetlands within the project area. The biological report would provide greater detail on the newly revised definitions of jurisdictional waters. Further, as there are no WOTUS or WOTS impacted by the project, no regulatory agency permits/certifications will be required from the US Army Corps of Engineers, the California Regional Water Quality Control Board, or the California Department of Fish and Wildlife. Task 7.2 Environmental Documentation (CEQA) As the project consists of roadway widening to provide a consistent 6 lane arterial roadway facility consistent with the Mobility Element of the City of Carlsbad’s General Plan and, based on preliminary research, does not have any value as habitat for endangered, rare, or threatened species, it qualifies for CEQA categorical exemption 15332, in-fill development DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 6 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR projects. Dokken Engineering will prepare a CEQA Notice of Exemption (NOE) and the City will file the NOE with the San Diego County Clerk. Should the environmental surveys and research identify any sensitive habitat or resources, then the project would no longer qualify for a CEQA exemption and an Initial Study will be required. Project Element 7 Deliverables: Cultural Report; Biological Report; CEQA Notice of Exemption. PROJECT ELEMENT 8 – 50% PLANS, SPECIFICATIONS AND ESTIMATE Task 8.1 50% Plans The Dokken Team will review and respond to City comments on the 30% plans submitted. Once all comments are addressed, our team will continue the design effort to reach the 50% design level. The 50% design effort will include all plan sheets required for construction with a 50% level of detail. The Dokken Team will prepare 50% design level drawings with the following drawings included: • Title (1) • Notes, Index Map (1) • Typical Sections (1) • Demolition Plans (2) • Roadway Improvement Plans (3) • Utility Plans and Details (3) • Storm Drain Plans and Details (5) • Misc. Construction Details (2) • Signing and Striping Plans (2) • Traffic Control Plans (2) • Electrical Plans (2) • Erosion and Sediment Control (2) • Planting and Irrigation Plans (14) • Retaining Wall Plans (6) Total Plans Sheets = 46 Task 8.2 50% Specifications Outline and Estimate Dokken will update the specification outline for the 50% design. Dokken will prepare a revised detailed construction cost estimate based on the 50% plans. Project Element 9 Deliverables: 50% Plans, 50% Specification Outline, 50% Estimate Project Element 9 – 90% Plans, Specifications and Estimate Task 9.1 90% Plans The Dokken Team will review and respond to any City comments from the 50% plan submittal. Once all comments are addressed, our team will continue with the design effort to reach the 90% level of detail. The Dokken Team will prepare a revised construction cost estimate on the 90% level of detail. Any changes in unit items or costs from the 50% submittal will be identified and shared with the City. Task 9.2 90% Specifications and Estimate Dokken will utilize the specification outline from the 50% submittal and provide a complete set of specifications covering all aspects of the project. The specifications will be prepared in City of Carlsbad and Green Book format. Dokken will prepare a revised construction cost estimate on the 90% level of detail. Any changes in unit items or costs from the 50% submittal will be identified and shared with the City. Project Element 9 Deliverables: 90% Plans, Specifications, and Estimate, Structures Design Calculations, Independent Structures Check Calculations; Comment and Response Matrix; Design Professional Quality Control Statement Project Element 10 – 100% Plans, Specifications and Estimate Task 10.1 100% Plans The Dokken Team will review and respond to City comments from the 90% Plans submittal. After addressing all comments, our team will continue with the preparation of the 100% Plans. This package will be the 100% construction document to advertise and build the project, including final plans. Task 10.2 100% Specifications and Estimate Dokken will review and respond to any City comments from the 90% specification and estimate submittal. Once all comments are addressed, our team will continue with the preparation of the 100% Specifications and Estimate. This package will be the final construction document to advertise and build the project, including final plans, bid schedule, specifications, and cost estimates. Project Element 10 Deliverables: 100% Plans, Specifications, and Estimate; DEH Approved Irrigation Plans DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 7 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR PROJECT ELEMENT 11 – RIGHT OF WAY ACQUISITION SERVICES Task 11.1 Right of Way Coordination Services Dokken Engineering’s team works closely with City staff to coordinate right of way appraisals and support acquisition services. Dokken Engineering will do the following:  Prepare Property Owner Exhibits for the three (3) affected parcels;  Provide all gathered information to the appraiser and attain a detailed timeline to complete the assigned task;  Monitor progress and provide any additional information to the designated appraiser;  Review all reports supplied by the appraiser for quality assurance;  Provide final appraisal report, appraisal review, and acquisition documentation to the City for final review;  Attend property owner meetings, if requested by City staff Task 11.2 Appraisal Report Appraisals will be completed for three (3) affected parcels (APNs 209-090-11-00, 209-060-48-00, and 209-060-53-00) by licensed General Real Estate Appraisers. Notice of intent to appraise letters along with acquisition policy brochures will be provided to all impacted property owners. Appraisals will be arranged so that the property owner may accompany the appraiser during the inspection of the property. This allows the property owner the opportunity to provide additional information to the appraiser. All appraisals will be prepared by an appraiser licensed with the State of California and will comply with all laws applicable to the specific appraisal and the Uniform Standards of Professional Appraisal Practice 49 CFR 24.2(a)(3). Appraisals will include a summary and a complete analysis for all valuation conclusions. Documentation obtained during the inspection, such as pictures, will be included in each report. Title information pertaining to ownership, drawings, and information relative to the parcel will be reviewed by the appraiser. Project Element 11 Deliverables: Property Owner Exhibits (3), Appraisal Reports PROJECT ELEMENT 12 – BID AND CONSTRUCTION SUPPORT SERVICES Task 12.1 Bidding Support The Dokken Team will assist the City with the bidding process, attend pre-bid meetings, answer questions, respond to request for information, prepare addendums and prepare conformed set of “as bid” construction documents incorporating addendums into the final construction documents. It is assumed up to 20 hours will be required for bid support. Task 12.2 Construction Support The Dokken Team will respond to request for information, provide support to the Construction Manager, and attend contractor progress meetings as requested by the City. It is assumed up to 35 hours will be required for construction support. Task 12.3 As-Built Drawings The Dokken Team will prepare as-built drawings based on the Contractor’s red line drawings provided by the City. Project Element 12 Deliverables: Respond to Bid Questions; Respond to Requests for Information; Prepare Addendums; Prepare Conformed Set of Construction Document; Respond to Requests for Information; As-Built Drawings DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B Page | 8 ENGINEERING DESIGN SERVICES FOR ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR PROJECT ELEMENT 13– OPTIONAL SERVICES Task 13.1 Initial Study/Mitigated Negative Declaration (OPTIONAL) Should environmental surveys and research identify sensitive resources or habitats within the project area, the project would no longer qualify under a CEQA exemption. Dokken Engineering will prepare an Initial Study to evaluate the project’s potential impacts, including noise, air quality, biological resources, cultural resources, and traffic analyses. Dokken Engineering anticipates that the Initial Study will result in either a Negative or Mitigated Negative Declaration. Please note that the noise and air quality analyses will be discussed in the Initial Study only, as opposed to creating individual, stand alone reports. Dokken Engineering will assist the City with the Environmental Document public circulation and approval. Dokken Engineering will prepare a Notice of Intent (NOI) for publication in the most wide-reaching local newspaper and to be mailed out to residents to announce the Environmental Document public review and comment period. Dokken Engineering will also prepare the Notice of Completion (NOC), produce the requisite hard copies or CDs with electronic copies of the Draft Environmental Document, and will file both the NOC and Environmental hard copies with the California State Clearinghouse (via CEQA-Submit) and the San Diego County Clerk. During the 30-day public review period, a public informational meeting will be necessary to solicit comments about the project. Dokken Engineering will assist the City with preparation of this meeting to disseminate project information regarding anticipated environmental impacts, as well as the environmental schedule. All comments at this meeting will be included and addressed within the final Environmental Document. Dokken Engineering will compile all public comments generated during the public review period and will coordinate with the PDT to review and discuss potential responses to these comments. Dokken Engineering will then formulate responses to the comments on the Environmental Document and submit them to the City for review and approval. Once approved, Dokken will incorporate the response to comments as an appendix in the Final Environmental Document. After all public comments have been suitably addressed, Dokken Engineering will prepare a Final Environmental Document pursuant to CEQA guidelines. This will include preparing the Notice of Determination (NOD) and if requested, the environmental portion of the City Staff Report and Resolution. Upon approval of the Environmental Document by the City Council, Dokken Engineering will file the NOD with the San Diego County Clerk’s Office. Project Element 13.1 Deliverables: Draft and Final Initial Study with Negative/Mitigated Negative Declaration; Notice of Intent; Notice of Completion; Optional: Public Meeting Materials. Task 13.2 Noise Study (OPTIONAL) Dokken Engineering will collect noise data and perform a noise model to determine current and anticipated noise levels and verify that the project will not have a significant increase in noise to adjacent receptors. Dokken Engineering will summarize methodologies and results in a memorandum provided to the City as supporting the CEQA exemption determination. Project Element 13.2 Deliverables: Draft and Final Noise Study Report DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B TASK DESCRIPTION DOKKEN ENGINEERING ALLIED GEOTECHNICAL ENGINEERS, INC AGUIRRE & ASSOCIATES ADL PLANNING ASSOCIATES VRPA TECHNOLOGIES GRAND TOTAL COST Project Element 1 - Project Management and Meetings $14,170 $1,270 $15,440 Task 1.1 Project Kick-off and PDT Meetings $6,650 6,650Task 1.2 Project Administration $7,520 $1,270 8,790 Project Element 2 - Design Survey and Right of Way Engineering $3,900 $66,523 $70,423 Task 2.1 Topographic Surveying $1,950 $40,961 42,911Task 2.2 Right of Way Engineering $1,950 $25,562 27,512 Project Element 3 - Site Investigations and Concept Development $13,320 $1,950 $15,270 Task 3.1 Preliminary Site Investigations $5,270 5,270Task 3.2 Concept Geometric Exhibit $8,050 $1,950 10,000 Project Element 4 - Utility Coordination and Relocation $33,080 $33,080 Task 4.1 Utility Coordination and Meetings $4,380 4,380Task 4.2 Utility Base Mapping $4,200 4,200Task 4.3 Utility Potholing $13,020 13,020Task 4.4 Utility Conflict Identification and Resolution $11,480 11,480 Project Element 5 - Engineering Studies $815 $29,941 $5,000 $35,756 Task 5.1 Geotechnical Investigation $815 $29,941 30,756Task 5.2 Traffic Impact Study $5,000 5,000 Project Element 6 - Water Resources $30,260 $30,260 Task 6.1 Drainage Report $15,130 15,130Task 6.2 Storm Water Quality Management Plan $15,130 15,130 Project Element 7 - Environmental Documentation $19,550 $19,550 Task 7.1 General Environmental Studies $16,750 16,750Task 7.2 Environmental Documentation $2,800 2,800 Project Element 8 - 50% Plans, Specifications and Estimate $69,775 $5,305 $75,080 Task 8.1 50% Plans $64,500 $5,305 69,805Task 8.2 50% Specifications Outline and Estimate $5,275 5,275 Project Element 9 - 90% Plans, Specifications and Estimate $54,620 $3,315 $57,935 Task 9.1 90% Plans $45,905 $3,315 49,220Task 9.2 90% Specifications and Estimate $8,715 8,715 Project Element 10 - 100% Plans, Specifications and Estimate $33,615 $2,960 $36,575 Task 10.1 100% Plans $29,150 $2,960 32,110Task 10.2 100% Specifications and Estimate $4,465 4,465 Project Element 11 - Right of Way Acquistion Services $19,400 $19,400 Task 11.1 Right of Way Coordination Services $6,000 6,000Task 11.2 Appraisal Report $13,400 13,400 Project Element 12 - Bid and Construction Support Services $16,520 $2,945 $19,465 Task 12.1 Bidding Support $3,750 $720 4,470Task 12.2 Construction Support $5,925 $2,225 8,150Task 12.3 As-Built Drawings $6,845 6,845 Project Element 13 - Optional Services $32,150 $32,150 Task 13.1 Initial Study/Mitigated Negative Declaration (OPTIONAL)$22,400 22,400 Task 13.2 Noise Study (OPTIONAL)$9,750 9,750 TOTAL COST WITHOUT OPTIONAL TASKS $309,025 $29,941 $66,523 $17,745 $5,000 $428,234 TOTAL COST WITH OPTIONAL TASKS $341,175 $29,941 $66,523 $17,745 $5,000 $460,384 COST PROPOSAL BY ESTIMATED HOURS PER TASK CITY OF CARLSBAD ROADWAY WIDENING TO EL CAMINO REAL FROM SUNNY CREEK TO JACKSPAR November 18, 2020 DocuSign Envelope ID: 77B9D9B8-B789-42B5-AB5D-EA292DD0881B 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 12/31/2019 Dealey,Renton &AssociatesLicense#0020739P.O.Box 12675OaklandCA94604-2675 Nancy Ferrick 510-465-3090 510-452-2193 nferrick@dealeyrenton.com Berkley Insurance Company 32603 DOKKEENGI Travelers Property Casualty Company of America 25674DokkenEngineering,Inc.110 Blue Ravine Rd.,Suite 200FolsomCA95630 The Travelers Indemnity Company of Connecticut 25682 629222192 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 6807K900468 12/31/2019 12/31/2020 2,000,000 C 1,000,000 X X X Y Y BA4J797774 12/31/2019 12/31/2020 B X X 5,000,000YCUP4J80281912/31/2019Y 12/31/2020 5,000,000 B X N Y UB0N284909 12/31/2019 12/31/2020 1,000,000 1,000,000 1,000,000 A ProfessionalLiability AEC903389201 12/31/2019 12/31/2020 $2,000,000per Claim$2,000,000Annl.Aggr RE:Agreement Number:CA1291 -Structural Engineering Services.The City of Carlsbad is named as Additional Insured as respects to General and Auto Liability.Insurance is primary and non-contributory per policy form.AWaiverofSubrogationappliesinfavorofTheCityofCarlsbadwithrespectstoGeneralLiability,Auto Liability and Workers Compensation.30 Days Notice ofCancellation. 30 Days Notice of Cancellation City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 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. 6807K900468 12/31/2019 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. 12/31/20196807K900468 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. Dokken Engineering,Inc. 6807K900468 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. BA4J797774 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. UB0N284909 Travelers Property Casualty Company of America 12/31/2019 PSA 19-556CA MASTER AGREEMENT FOR CIVIL ENGINEERING (GENERAL) SERVICES DOKKEN ENGINEERING THI~ AGRE.~E;NT is made and entered into as of the ,:2..e,tb1 day of "'ft).Jt/~V .){A,/ , 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and Dokken Engineering, a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consultant firm that is experienced in civil engineering (general) 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 general civil engineering. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. SCOPE OF WORK The City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA19-556CA City Attorney Approved Version 6/12/18 2 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed five hundred thousand dollars ($500,000) 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 City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, the City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and the City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by the City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. PSA19-556CA The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. The City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to the City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 PSA 19-556CA 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 LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to the City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA 19-556CA 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 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 John Klemunes Title Project Manager 1450 Frazee Road Address Suite 100 San Diego, CA 92108 Phone No. 858-514-8377 Email j klem u nes@dokkeneng ineering. com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes IBJ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or the City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained City Attorney Approved Version 6/12/18 5 PSA 19-556CA 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 19-556CA 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon the City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of the City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-556CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of ___________ , 2018. CONTRACTOR Dokken Engineering, a California corporation By~/,~ (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By~ ~Matt Hall, Mayor 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. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Bvfill ~ Deputy CityAttorny City Attorney Approved Version 6/12/18 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento } On 10 /1 t7 /zo[''b , before me, (cu,r,,·7i ti. Nota Public I l personally appeared K,1c}1,Clrd;. T L,p /-c,/c_ 1(} {t10-:k. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .i-s/are subscribed to the within instrument and acknowledged to me that b.e,Lshefthey executed the same in hi.s.Lher/their authorized capacity(ies), and that by -his,lher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. CAMRAN SADEGHI ,-._,,rus ... ·• Comm. #2120891 .,, · : Notary Public. California~ ~~~ Sacramento County - Comm. Expires Jul 25, 2019 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATl/RE ~~(_' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Mt< 5./--er /-~ J railni!kJ t· £0, £',r1 ff/1 k:'€.[1/) 5 (LJCiV,:'.'-('(\ I) ,Sec V ,ccs ,i es A I cl Clv,I -5 5£ CA Document Date: ________________ Number of Pages: ______ _ Signer(s) Other than Named Above: _____________________ _ PSA 19-556CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of civil engineering tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Roadway design B. Parkway design C. Site design D.Roundaboutdes~n E. Visual simulations F. Intelligent transportation systems G. ADA design / inspection H. Stormwater engineering (civil design) Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 PSA 19-556CA Statement of Qualifications for MASTER AGREEMENT CONSULTANT SERVICES -CIVIL ENGINEERING (GENERAL) Rate Schedule -Civil Engineering (General) DOKKEN ENGINEERING NAME TITLE HOURLY RATE 1. John Klemunes Project Manager $275 2. Mark Tarrall Parkway Design/ Site Design $235 3. Rebecca Abbott Roadway Design/ Roundabout Design $185 4. Darwin Cruz Roadway Design $185 5. Mary Elizabeth Westrum Roadway Design $185 6. John Gibson Parkway Design/ Site Design $145 7. Michael Greer Roundabout Design/ ITS $185 8. Eduardo Simonsen ITS $145 9. Justin Talago ADA Desi n $145 10. Jeremy Scott ADA Design $145 11. Pamela Dakin-Walling Stormwater Engineering $215 12. Shawn Kenney Stormwater Engineering $105 13. Senior Engineer $160 · $250 14. Associate Engineer $106 -$159 15. Assistant Engineer $80 -$105 * Ordinary supplies and equipment are included in our billing/overhead rate. Travel expenses are also included in our billing/overhead rate. Dokken Engineering does not charge for travel time in order to encourage face to face meetings. Special charges are billed at actual cost without any administrative fees. Special charges include permit fees; public notice advertisements; record search fees; title reports, traffic control; potholing, equipment and room rentals, and outside reproductions. ESTRADA LAND PLANNING NAME TITLE HOURLY RATE 1. Vicki Estrada Principal $250 2. Senior Landscape Architect $180 3. Senior Landscape Designer $120 4. Landscape Designer $110 5. Assistant Landscape Designer $80 6. Administrative $50 June 2018 1n ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/30/2018 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 pDlicy(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 ~2:l~cT Nancy Ferrick Dealey, Renton & Associates rA~~N,t ~ • .,. 510-465-3090 I FAX License # 0020739 IA/C Nol: 510-452-2193 P. 0. Box 12675 ~fD~~ss: nferrick@dealeyrenton.com Oakland CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: The Travelers Indemnity Co of CT 25682 0' INSURED DOKKEENGI INSURER B: Travelers Property Casualty Co of Ameri 25674 ,\' Dokken Engineering, Inc. INSURER c: Travelers Indemnity Company 25553 w1 110 Blue Ravine Rd., Suite 200 32503 v Folsom CA 95630 INSURER D : Berkley Insurance Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 391453938 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,c,n lwvn POLICY NUMBER /MM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y 6807K900468 5/31/2018 12/31/2018 EACH OCCURRENCE $1,000,000 ~ ==i CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $1,000,000 ~ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 9 0PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY y y BA4J797774 5/31/2018 12/31/2018 COMBINED SINGLE LIMIT $1,000,000 <Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ -$ A UMBRELLA LIAB M OCCUR y y CUP4J802819 5/31/2018 12/31/2018 EACH OCCURRENCE $5,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 OED I I RETENTION$ $ C WORKERS COMPENSATION y UB8K336734 5/31/2018 12/31/2018 X I ~\'frnTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 D Professional Liability AEC902301700 5/31/2018 5/31/2019 $2,000,000 per Claim $2,000,000 Anni. Aggr DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number: CA 1291; Agreement Name: MA -Structural Engineering Services. The City of Carlsbad is named as Additional Insured as respects to General and Auto Liability. Insurance is primary and non-contributory per policy form. A Waiver of Subrogation applies in favor of The City of Carlsbad with respects to General Liability, Auto Liability and Workers Compensation. 30 Days Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION 30 D ays N . otIce o fC II . ance atIon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163 ~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy # 6807K900468 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract 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 you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG DJ 810915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: BA4J797774 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 B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS E. TRAILERS -INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph 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 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. B. 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 a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT-INCREASED LIMIT I. WAIVER OF DEDUCTIBLE -GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: CA T4 20 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 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. D. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II -COVERED AUTOS LIABILITY 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 LIABILITY 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. E. TRAILERS -INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I -COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. 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. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT-INCREASED LIMIT Paragraph C.1.b. of SECTION Ill -PHYSICAL DAMAGE COVERAGE is deleted. I. 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. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- 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. 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. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. 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 exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) -001 POLICY NUMBER: UB8K336734 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization ALL PERSONS OR ORGANIZATIONS THAT REQUIRES YOU TO OBTAIN EXECUTED THE CONTRACT BEFORE DATE OF ISSUE: 5/30/2018 017106 Schedule Job Description THAT ARE PARTIE TO A CONTRACT THIS AGREEMENT, PROVIDED YOU THE LOSS. ST ASSIGN: CA