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Chen Ryan Associates Inc; 2018-07-26; PSA18-462TRAN
PSA18-462TRAN City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR TRAIL CONNECTIVITY TO TAMARACK STATE BEACH AND THE ADA BEACH ACCESS STUDY CHEN RYAN ASSOCIATES, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2019, extending the agreement dated July 26, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Chen Ryan Associates, Inc., a California corporation (“Contractor") (collectively, the “Parties”) for the Trail Connectivity to Tamarack State Beach and the ADA Beach Access Study. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on July 24, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: AFF34785-1F9E-49AD-99C6-7A808F4FC1EC July 17th PSA18-462TRAN City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR, CHEN RYAN ASSOCIATES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Monique Chen / CEO, President, CFO (print name/title) ATTEST: By: (sign here) Barbara Engleson, City Clerk Stephen Cook / Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: AFF34785-1F9E-49AD-99C6-7A808F4FC1EC for PSA 18-462TRAN Attachment "A" AGREEMENT FOR TRAIL CONNECTIVITY TO TAMARACK STATE BEACH ANDTHEADABEACHACCESSSTUDY CHEN RYAN ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the 1/.SJ~ day of -....,L:.~-'A,,-------' 2018, by and between the CITY OF CARLSBAD, a municipal corporati , ("City"), and CHEN RYAN ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in engineering studies. B. Contractor has the necessary experience in providing professional services and advice related to engineering studies. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed one hundred ninety-nine thousand eight hundred thirty-six dollars ($199,836). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work, and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 9/27/17 July 24, 2018 Item #11 Page 5 of 23 6. STATUS OF CONTRACTOR PSA 18-462TRAN Attachment "A" Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee ·of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 City Attorney Approved Version 9/27/17 2 July 24, 2018 Item #11 Page 6 of 23 PSA 18-462TRAN Attachment "A" 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 City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 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 City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 9/27/17 3 July 24, 2018 Item #11 Page 7 of 23 PSA 18-462TRAN Attachment "A" 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 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 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 City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Craig Williams Title Senior Engineer Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760.826.9523 For Contractor Name Matt Capuzzi Title Project Manager Address 3900 Fifth Avenue, Suite 310 San Diego, CA 92103 Phone No. 619.795.6086 Email mcapuzzi@chenryanmobility.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. City Attorney Approved Version 9/27/17 4 July 24, 2018 Item #11 Page 8 of 23 16. CONFLICT OF INTEREST PSA 18-462TRAN Attachment "A" 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 four categories. Yes 1µ 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 City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 9/27/17 5 July 24, 2018 Item #11 Page 9 of 23 PSA 18-462TRAN Attachment "A" under this Agreement. 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, 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 City must be asserted as part of the Agreement process as set forth in this.Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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. City Attorney Approved Version 9/27/17 6 July 24, 2018 Item #11 Page 10 of 23 Attachment "A" 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CHEN RYAN ASSOCIATES, INC., a California corporation By:~~ ign here) U,v,'tW$-('!fc!'v" l&b.-d,.. J-- (print name1title) By:~ ~ /'klfJ.,., ~na '/k,sLJ 7re,slj,1'e[ print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. See o... -\{-a.c,l.u{ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~~-=--=---- Deputy City Attorney City Attorney Approved Version 9/27/17 7 July 24, 2018 Item #11 Page 11 of 23 PSA 18-462TRAN Exhibit "A" Civil Engineering Services for ADA Beach and Lagoon Access Feasibility Study Scope of Services The Chen Ryan team (Consultant) will provide professional design services that identify the objectives of the project, investigate desirable & feasible alternatives, develop preferred site alternative(s) and solution(s), and create an associated implementation plan. It is understood that the study will deliver recommendations for one or several ADA access points from Carlsbad Boulevard to the beach, and possibly an undercrossing or tunnel adjacent to the Agua Hedionda Cold-Water Inlet at Carlsbad Boulevard. Task 1: Project Management and Meetings Task 1.1 -Kick-Off Meeting The Consultant's Project Manager will coordinate a kick-off meeting with the design team, the City Project Manager, and City staff to discuss the project, establish communication procedures, review scope and deliverables, confirm the project's goals and objectives, review data collected and project information, and review the project schedule, key milestones, and anticipated City review times. Task 1.2 -Team Meetings The Consultant will: • Attend monthly meetings with City of Carlsbad staff (up to 6) • Prepare meeting agendas and compile materials (e.g. exhibits) • Prepare meeting minutes, including decisions made and action items • Track action item resolutions This task assumes each meeting to: • Require up to 2 hours of consultant preparation time to develop agendas and compile materials • Last up to 2 hours and have up to 3 consultant staff in attendance • Require up to 2 hours of consultant time to prepare, QC review, update and distribute meeting minutes and action items Task 1.3 -Stakeholder and Public Meetings The Consultant will provide as-needed support services for stakeholder and public meetings. Support services will be provided as requested by City staff, to the extent budgeted. Thirty (30) hours have been budgeted for this task. Task 1.4 -Monthly Status Reports The Consultant will participate in bi-weekly (once every 2 weeks) conference call updates with the City's Project Manager for the duration of the project (up to 8 months). July 24, 2018 Item #11 Page 13 of 23 PSA 18-462TRAN Exhibit "A" The Consultant will provide monthly invoices with an Earned Value spreadsheet showing, for each task: total budget, amount earned in current month, amount earned to date, and remaining budget (including percentages) for the duration of the project (up to 8 months). A summary of work in the current month completed will be included with each monthly invoice. Task 1.5 -Project Management The Consultant's Project Manager will perform project management and administration services for the duration of the project (up to 8 months) to the extent budgeted. This work includes monitoring progress against budget and overall quality assurance (QA). Specific quality control (QC) efforts for each deliverable document are included in the task covering that document. The Consultant's Project Manager will prepare contracts and task orders for required Subconsultant services. This task will also consist of: monitoring Subconsultant progress against budget and schedule and reviewing monthly Subconsultant invoices and associated back up. Consultant will spend time each month, up to eight (8) months total, coordinating with City staff via email and telephone. Task 1.6 -Maintain Project Budget and Schedule The Consultant's Project Manager will coordinate regularly with the City's Project Manager on schedule and budget updates and will notify the City if there are any issues and/or decisions that have the possibility of affecting the schedule or budget. The Consultant's Project Manager will also prepare and maintain (monthly) a critical path project schedule. The schedule will track the actual progress of the work against the deadlines identified in the schedule. The schedule will include scope tasks, significant work items, deliverable milestones, agency reviews, and critical path relationships. The schedule will be submitted to the City's Project Manager monthly for the duration of the project (up to 8 months). Task 1. 7 -Agency/Utility Coordination The Consultant will coordinate with agency and utility stakeholders involved in the project for the duration of the project (up to 8 months) to the extent budgeted. Coordination with agency stakeholders includes project coordination meetings as described herein. • Project Coordination Meetings -The Consultant will: • Attend and lead project coordination meetings (up to 2) • Send out meeting notifications, prepare an agenda, sign-in sheet, graphics, and a follow-up summary for each meeting • Document decisions made and action items • Track action item resolutions • This task assumes each meeting to: • Require 2 hours of consultant preparation time for notifications, agendas, sign-in sheets, and graphics. July 24, 2018 Item #11 Page 14 of 23 • Last up to 2 hours and have up to 2 consultant staff in attendance. PSA 18-462TRAN Exhibit "A" • Require up to 2 hours of consultant time to prepare, QC review, and distribute meeting summaries. Task 1.8 -Coastal Commission Coordination The Consultant will attend meetings with California Coastal Commission representatives as determined necessary by the City Project Manager. Up to 10 hours have been budgeted for this task. Any additional effort will be considered as additional services. Deliverables for Task 1: • Meeting Agendas (electronic PDF) • Meeting Minutes for each meeting will be provided (electronic PDF) within five (5) business days after each meeting • Monthly Invoices and Status Reports (electronic PDF) • Action Item Tracking for Monthly Team Meetings (electronic PDF) • Schedule ( electronic PDF) Task 2: Project Identification and Assessment of Objectives Task 2.1 -Project Identification and Assessment of Objectives The Consultant will prepare a brief write-up to document the project background, goals and objectives. Deliverables for Task 2: • Background, Goals and Objectives document (included in the Draft and Final Study) Task 3: Data Collection and Review Task 3.1 -Review Existing Survey and Utilities (provided by City) The Consultant will review existing survey and utility information provided by the City. Task 3.2 -Review Existing Plans and Environmental Studies (provided by City) The Consultant will review plans for the beach access stairway repair project and environmental studies provided by the City. The Consultant will review project data for projects in the immediate area as provided by the City to understand location conditions such as geotechnical, drainage, and groundwater. Task 3.3 -Review Existing Site Conditions -Field Review The Consultant will conduct one site-visit to become familiar with existing site conditions and verify survey. The Consultant will prepare an exhibit to document the existing conditions along the Carlsbad Boulevard corridor between Pine Avenue and the Cold-Water Inlet. July 24, 2018 Item #11 Page 15 of 23 Task 3.4-Review Similar Examples of Constructed ADA Improvements PSA 18-462TRAN Exhibit "A" The Consultant will research examples of similar ADA ramps and undercrossings in similar coastal settings. The Consultant will develop a PowerPoint presentation to show the similar examples. Task 3.5 -Additional Survey (Under Cold-Water Inlet Bridge) The Consultant will provide an existing condition topographic survey map for the area beneath the Cold-Water Inlet Bridge. Surveying will include the following: • Above ground utilities, fences, light poles, power poles, landscaping (tree sizes), drainage structures, signage, etc. • Dip gravity utilities (sewer cleanouts and manholes, storm drain manholes and inlets) to determine invert(s), pipe size(s), pipe orientation(s), and pipe material • Top and bottom of walls and material type • Locations of material change • Spot elevations sufficient to generate 1 ' contours Deliverables for Task 3: • Existing Site Condition Exhibit (included in the Draft and Final Study) • Examples of Similar ADA Improvements (PowerPoint) • Additional Survey (electronic in AutoCAD DWG) Task 4: Establishment of Criteria for Evaluating Options Task 4.1 -Establishment of Criteria for Evaluating Options The Consultant will work closely with City staff to establish criteria for evaluating alternatives. It is anticipated that these will include, but not be limited to: • Public input • Coastal Commission (anticipated) concurrence • Usage/demand • Environmental impacts, including impacts during construction • Aesthetic design concepts • Cost of construction and maintenance • Construction complexity Deliverables for Task 4: • Criteria for Evaluating Options (included in the Draft and Final Study) Ill Ill July 24, 2018 Item #11 Page 16 of 23 Task 5: Conceptual Study and Design Task 5.1 -Conceptual Engineering Evaluation ADA Beach Access from Carlsbad Boulevard PSA 18-462TRAN Exhibit "A" The Consultant will utilize the information obtained as part of the Data Collection and Review task, pedestrian counts provided by the City, and feedback obtained from the community to identify up to three (3) potential ramp locations along the corridor. The Consultant will evaluate the various ramp types that could be constructed to identify up to three (3) ramp types that the California Coastal Commission may see as most favorable. The Consultant will complete a high-level evaluation for up to nine (9) alternatives (three (3) at each potential ramp location). These alternatives will be evaluated in the context of construction feasibility/complexity, precise grading/project footprint, and stormwater/environmental impacts and anticipated mitigation. The evaluation will also consider the potential project's effects on views from public recreation areas. The construction feasibility/complexity evaluation will include a high-level geotechnical and structural evaluation to identify constraints or high cost mitigation that may be associated with one or more of the alternatives based on existing geotechnical data in the area. No new field explorations are included in this scope. The Consultant will develop a matrix to document the analysis of each of the nine (9) alternatives using the criteria developed in Task 4. The Consultant will work closely with City staff to identify two (2) preferred alternatives for ramp access from Carlsbad Boulevard to the beach. ADA Beach Access at Cold Water (undercrossing/tunnel) The Consultant will utilize the information obtained as part of the Data Collection and Review task and feedback obtained from the community to identify up to three (3) potential undercrossing/tunnel alternatives at or adjacent to the Cold-Water Inlet. The Consultant will consider the City's Sea Level Rise Vulnerability Assessment and overhead clearance in development of the alternatives. The Consultant will prepare a conceptual design layout for each alternative. Up to three (3) structure alternatives including one tunnel alternative and up to two (2) undercrossing alternatives will be considered; a Structures Advance Planning Study (APS) will be prepared for each alternative. The Consultant will complete a high-level evaluation for the three (3) alternatives. The alternatives will be evaluated in the context of construction feasibility/complexity, sea level rise impacts, precise grading/project footprint, and stormwater/environmental impacts and anticipated mitigation. The evaluation will also consider the potential project's effects on views from public recreation areas. The construction feasibility/complexity evaluation will include a high-level geotechnical evaluation to identify constraints or high cost mitigation that may be associated with July 24, 2018 Item #11 Page 17 of 23 PSA 18-462TRAN Exhibit "A" one or more of the alternatives based on existing geotechnical data in the area. No new field explorations are included in this scope. The Consultant will develop a matrix to document the analysis of each of the three (3) alternatives using the criteria developed in Task 4. The Consultant will work closely with City staff to identify a preferred alternatives for the undercrossing/tunnel at the Cold-Water Inlet. Task 5.2 -Conceptual Aesthetic Evaluation After preferred access locations are identified, a detailed review of aesthetics will begin to consider the specifics of public art, hardscapes, and landscaping to enhance the environment and forward the vision of the community. The Consultant will prepare conceptual plans for the two (2) ramp preferred alternatives and the one (1) undercrossing/tunnel preferred alternative. The plans will explore the proposed access point configurations and their immediate context. The design of the full 4,200 linear foot stretch is not included. The plans will be color rendered and labeled for presentation and final feasibility document use. A series of two image boards will be prepared to further communicate the design intent. The Consultant will provide overall project materiality recommendations; concrete treatments, hand rails, guard rails, public art opportunities, light fixture styles, site furnishings, etc. Up to three (3) photo-simulations or renderings will be prepared as part of this task. One round of revisions is anticipated for the plans, image boards, and simulations. Task 5.3 -Preliminary Opinion of Probable Construction Costs (OPCC) The Consultant will prepare a preliminary OPCC for the preferred alternatives based on the conceptual design quantity takeoffs and current unit prices (from readily available recent bid results). Consultant will prepare structure cost estimates on a per square foot basis in conjunction with historical cost data. The quantity calculations will be independently checked as part of the QA/QC process. The preliminary OPCC will identify the design items, unit prices, contingencies, and an overall cost. Task 5.4 -Value Engineering Review After completion of the conceptual plans and preliminary OPCC, the Consultant will complete a value engineering and constructability evaluation. Along with input from the project team, this evaluation will include input from 3rd party environmental, design, and construction professionals from our team that are not involved with the project. This approach allows for fresh eyes on the conceptual design prior to developing the feasibility study document. This value engineering and constructability evaluation will focus on ease of construction, potential conflicts (i.e. utilities, private improvements, etc.), construction staging, and cost saving measures. The Consultant will provide a brief memo highlighting value engineering and constructability review recommendations and how they would impact the OPCC. The Consultant will review the memo with the City's Project Manager to determine which ideas should be incorporated into the project. The final memo will be included in the feasibility study. Task 5.5 -Stormwater I Water Quality Impact Review July 24, 2018 Item #11 Page 18 of 23 PSA 18-462TRAN Exhibit "A" The Consultant will complete the City of Carlsbad's Storm Water Standards Questionnaire (E- 34 ). It is anticipated that this project will be exempt from Priority Development Project (PDP) requirements. The exemption that would apply can be found as Item #1 under Step 2 of E-34, "Constructing new or retrofitting paved sidewalk, bicycle lanes or trails ..... " Task 5.6-CEQA/Coastal Investigation/Requirement Review The Consultant will develop a pre-CEQA Constraints Analysis Table for each of the three (3) preferred alternatives (2 ramp and 1 undercrossing/tunnel). Each table will include a short discussion on CEQA Constraints related to each of the relevant issue areas included in Appendix G of the CEQA Guidelines. Deliverables for Task 5: • Alternatives Evaluation Matrices (electronic PDF) • Conceptual Plans (electronic PDF) • Photo-Simulations or Renderings (electronic PDF) • Preliminary OPCC (electronic PDF) • Value Engineering Evaluation (included in the Draft and Final Study) • Stormwater I Water Quality Impact (included in the Draft and Final Study) • Pre-CEQA Constraints Analysis Table (electronic PDF) Task 6: ADA Beach Access Feasibility Study Task 6.1 -ADA Beach Access Feasibility Study The Consultant will a prepare Draft ADA Beach Access Feasibility Study to document the project objectives, existing conditions, alternatives evaluation, and preferred alternatives. The study will be structured to include the various engineering and environmental evaluations completed as part of Task 5. It is assumed that one (1) round of comments will be addressed as part of this task. The Consultant will incorporate the City's comments and prepare a Final ADA Beach Access Feasibility Study. Deliverables for Task 6: • Draft ADA Beach Access Feasibility Study ( electronic PDF) • Final ADA Beach Access Feasibility Study ( electronic PDF) Task 7: Development of Implementation Plan Task 7.1 -Preferred Alternative(s) Implementation Plan The Consultant will prepare a Draft Implementation Plan to document the next steps, OPCCs, and schedule. It is anticipated that this plan will be used to obtain concurrence for the project's inclusion in a future Capital Improvements Program. It is assumed that one (1) round of comments will be addressed as part of this task. The Consultant will incorporate the City's comments and prepare a Final Implementation Plan. July 24, 2018 Item #11 Page 19 of 23 PSA 18-462TRAN Exhibit "A" Task 7.2 -Preferred Alternative{s) Opinion of Probable Construction Costs {OPCC) The Consultant will revise the OPCCs prepared as part of Task 5.3 based on quantity takeoffs and current unit prices (from readily available recent bid results). The quantity calculations will be independently checked as part of the QA/QC process. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, and an overall cost. Deliverables for Task?: • Draft Implementation Plan (includes OPCC) (electronic PDF) • Final Implementation Plan (includes OPCC) (electronic PDF) Total cost Not-to-Exceed $199,836 July 24, 2018 Item #11 Page 20 of 23 Chen Ryan Associates Project Senior Support Manager Professional Professional Analyst Technician Staff PlannerV Task Descriotion $230.00 I $185.00 I $145.00 $118.00 $65.00 I $75.00 $185.00 Task 1 -Pro·ect Manaaement and Meetinas 85 0 0 75 0 8 14 1.1 Kick-off Meetina 3 3 2 1.2 Monthlv Team Meetinas (uo to 6 meetinas) 18 24 6 1.3 Stakeholder and Public Meetinas 20 10 1.4 Month Iv Status. Reoorts 10 0 0 12 0 8 0 Bi-weeklv Conference Call Undates 6 4 Monthlv lnvoicina and Status Reoorts 4 8 8 1.5 Proiect Manaaement 16 12 2 1.6 Maintain Proiect Budaet and Schedule 6 1. 7 Coordination with Aaencies and Utilities 8 0 0 12 0 0 0 Coordination with Aoencies and Utilities 2 2 Aaencv and Utilitv Meetinas (up to 2 meetinas) 6 10 1.8 Coordination with Coastal Commission 4 2 4 Task 2 -Pro ·ect Identification and Assessment of Obiectives 2 0 0 2 0 0 2 2.1 Pro·ect Identification and Assessment of Obiectives 2 2 2 Task 3 -Data Collection and Review 14 0 0 37 20 0 12 3.1 Review Existina Survev and Utilities (orovided bv Citv\ 1 6 3.2 Review Existing Plans and Environmental Studies (provided by 4 4 Citv\ 3.3 Review Existina Site Conditions -Field Review 6 0 0 19 8 0 8 Site Visit 3 3 4 Existina Conditions Exhibit 3 16 8 4 3.4 Review Similar Examples of Constructed ADA Improvements 2 8 12 3.5 Additional Survev (Under Cold-Water Inlet Bridae\ 1 4 Task 4 -Establishment of Criteria for Evaluatina Ootions 3 0 0 0 0 0 8 4.1 Establishment of Criteria for Evaluatina Ootions 3 8 Task 5 -Concentual Studv and Oesinn 52 18 52 118 36 0 48 5.1 Conceotual Enaineerina Evaluation 33 10 36 76 24 0 32 Identification of Potential Ramo Locations 2 4 Evaluation of Various Ramo Tvoes 2 4 2 Hinh-Level Evaluation Matrix for nine (9) Ramo Alternatives 12 28 40 24 12 ldentifv Preferred Ramo Alternatives (up to 2) 4 2 2 Identification of Potential UndercrossinalTunnel Alternatives (up to 4 4 2 Prepare UndercrossinalTunnel Conceptual Desians (up to 3) 3 4 High-Level Evaluation Matrix for three (3) UndercrossinglTunnel 4 8 16 12 A ltematives ldentifv Preferred Undercrossina/Tunnel Alternative 2 2 2 Qualitv Control 10 5.2 Concentual Aesthetic Evaluation 6 0 0 6 0 0 0 Preoare Conceptual Plans for Preferred Ramp Alternatives 2 2 Prepare Conceptual Plans Preferred UndercrossinglTunnel 2 2 Alternative Photo-Sirnulations/Renderinas (up to 3) 2 · 2 5.3 Preliminary Opinion of Probable Construction Costs (OPCC) 4 8 32 12 5.4 Value Engineering Review 2 8 5.5 Stonnwater I Water Quality Impact Review 3 8 2 5.6 CEQA/Coastal Investigation/Requirement Review 4 0 0 2 0 0 16 Develop Pre-CEQA Constraints Analysis Table for Each of the Three (3) 4 2 16 Preferred Alternatives (2 Ramo and 1 Undercrossina/Tunnel) Task 6 -ADA Beach and Laaoon Access Ft?asibilitv .studv 6 0 12 64 12 0 0 6.1 ADA Beach Access Feasibilitv Studv 6 0 12 64 12 0 0 Draft Feasibilitv Studv 4 8 48 8 Final Feasibilitv Studv 2 4 16 4 Task 7 -Development of Implementation Plan 7 0 4 34 8 0 0 7.1 Preferred Altemative(s) Implementation Plan 5 0 0 18 0 0 0 Draft Implementation Plan 3 12 Final Implementation Plan 2 6 7.2 Preferred Alternative(s} Opinion of Probable Construction Costs. 2 4 16 8 "'D"Cl Exoenses Total I 169 I 18 I 68 I 330 I 76 I 8 I 84 669 416 Carlsbad ADA Beach and Lagoon Access Feasibility Study 6/21/2018 AECOM Schmidt Design Group Technical Senior Planner II Editor Administrative President Principal PM $90.00 I $105.00 $90.00 $225.00 $185.00 $120.00 0 0 4 0 6 0 6 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 14 0 0 0 5· 5 8 6 0 0 0 5 5 4 4 4 2 1 1 0 0 0 1 1 4 1 1 4 54 2 0 6 27 52 22 0 0 0 5 8 2 2 4 2 4 2 2 4 4 1 2 2 4 0 0 0 5 20 42 2 10 24 2 8 12 1 2 6 1 2 2 32 2 0 0 0 0 32 2 0 0 0 0 6 24 0 0 0 0 6 24 4 16 2 8 0 0 0 1 2 2 0 0 0 0 0 0 1 2 2 I 68 I 2 I 4 I 8 I 47 I 87 I Project Manager Designer $95.00 I $85.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 108 0 0 40 100 80 20 40 8 0 0 0 0 0 0 0 4 0 0 4 40 I 112 I T.Y. LIN International Psomas Senior Assistant GADD 2-Person Total Bridge Engineer Bridge Engineer Technician Professional Analyst Survey Crew Hours Cost $210.00 I $11 3.00 $108.00 I $185.00 I $140.00 I $280.00 5 7 0 0 0 0 0 204 $ 34.901.00 2 10 $ 1.834.00 3 3 60 $ 10.161.00 30 $ 5.780.00 0 4 0 0 0 0 0 34 $ 4.768.00 10 $ 1.852.00 4 24 $ 2.916.00 34 • 5.826.00 6 $ 1.380.00 0 0 0 0 0 0 0 20 $ 3.256.00 4 $ 696.00 16 $ 2.560.00 10 $ 1.896.00 0 0 0 0 0 0 0 6 $ 1.066.00 6 $ 1.066.00 4 9 0 0 4 19 10 153 $ 21 .948.00 2 9 $ 1.164.00 2 18 $ 2,606.00 3 3 0 0 0 0 0 63 $ 8.656.00 3 3 28 $ 4.333.00 35 $ 4.323.00 22 $ 2,184.00 1 2 4 19 10 41 $ 7.338.00 2 0 0 0 0 0 b 19 $ 3.480.00 2 19 $ 3.480.00 49 81 104 0 0 ·O 0 847 $ 109.284.00 45 63 100 0 0 0 0 454 $ 62.342.00 10 $ 1.542.00 14 $ 1.902.00 124 $ 16.290.00 12 $ 1.886.00 8 25 $ 4.227.00 20 60 100 187 $ 22.942.00 6 3 51 $ 7,967.00 3 13 $ 2.056.00 8 18 $ 3.530.00 0 8 0 0 0 0 0 227 $ 25.157.00 120 $ 12.676.00 4 50 $ 6,218.00 4 57 $ 6.263.00 2 6 77 $ 9,249.00 2 4 4 20 $ 3,244.00 13 $ 2,086.00 0 0 0 ·o 0 0 0 56 $ 7,206.00 56 $ 7,206.00 3 10 0 0 0 0 0 137 $ 17.202.00 3 10 0 0 0 0 0 137 $ 17.202.00 1 6 95 $ 11.812.00 2 4 42 $ 5.390.00 5 16 ·o 0 0 0 0 83 $ 10,755.00 3 10 0 0 0 0 0 36 $ 5,034.00 1 6 22 $ 2,994.00 2 4 14 $ 2,040.00 2 6 47 $ 5,721.00 $ 1 200.00 68 I 123 I 104 I 0 I 4 I 19 I 10 I 1449 s 199 836.00 I July 24, 2018 Item #11 Page 21 of 23 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~-04/09/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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(sl. PRODUCER CONTACT Carlos Kremer ., ... c, Kremer Insurance Agency Inc. PH.2~n c~,. 858-547-9435 I r.~~ Nnl· 858-486-5440 9672 Via Excelencia, ste. 104 ~*1~~~00 admin@kremerins.com San Diego, CA 92126 INSURER/Sl AFFORDING COVERAGE NAIC# 0B33067 INSURERA: Farmers Insurance Exchange 21652 INSURED INSURERB: Travelers Casualty and Surety Company 19070 Chen Ryan Associates Inc. INSURERC: 3900 5th Avenue, ste. 310 INSURERD: San Diego, CA 92103 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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 SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXf .. ITI> TYPE OF INSURANCE ···~~ o•M~ POLICY NUMBER LIMITS " COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 f---0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED DOC~ ICCC::: fF;::i """' ,,.,..,.._..,,_0' $ 100,000 MED EXP IAnv one oersonl $ 5,000 ~ A X Primary & Non-Contributory X X 605878585 f--- 11/22/2017 11/22/2018 PERSONAL & ADV INJJRY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 Fl POLICY 0 1c?r DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHFR Deductible $ 1,000 ./ AUTOMOBILE LIABILITY ~<;_MBINED SINGLE LIMIT PIC:C'..-lon+] $ 1,000,000 ~ ANY AUTO BODILY INJURY (Per person) $ ~ ~ ALL OWNED SCHEDULED A " X 605878585 11/22/2017 11/22/2018 BODILY INJURY (Per accident) $ ~ AUTOS f--AUTOS " " NON-0\/\INED PROPERTY DAMAGE $ HIRED AUTOS AUTOS {PAr"'"";;,1,..,...,n ~ ~ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1,000,000 ~ A EXCESS LIAB CLAIMS-MADE X 606683420 11/22/2017 11/22/2018 AGGREGATE $ 1,000,000 nm I I RETENTION ~ $ WORKERS COMPENSATION " I ~f~TI ITF I I ~JH-AND EMPLOYERS' LIABILITY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D A09463374 04/08/2018 04/08/2019 E L EACH ACCIDENT $ A OFFI CERIMEMBER EXCLUDED? N/A X 1,000,000 (Mandatory in NH) E L DISEASE -EA EMPLOYEE $ If yes. describe under $ 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT B Professional Liability 106201541 11/17/2017 11/17/2018 2,000,000/2,000,000 ./ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: Sandag Smart Growth Application Services, Agreement Number: TRAN1671 The City of Carlsbad is listed as additional insured per attached endorsement. Waiver of Subrogation in favor of the City of Carlsbad per attached endorsement. CERTIFICATE HOLDER CANCELLATION 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 CARLOS KREMER New York, NY 10163-4668 I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605878585 COMMERCIAL AUTO CA 20 4802 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 11/22/2017 Named Insured: CHEN RYAN ASSOCIATES INC. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City ofCarlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668-ECM #35050, New York, NY 10163-4668 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 D ~ FARMERS WC990619 INSURANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named . CHEN RYAN ASSOCIATES, INC. Insured . 39005THAVENUE,STE.310 SAN DI EGO CA 92103 Effective Date 04/08/18 Agent 99-56-355 A0946-33-74 2018 Policy Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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 for which you perform work under a written contract that requires you to obtain this agreement from us. The additional premium forth is endorsement shall be~% of the Workers' Compensation premium otherwise due for the state(s) listed below on such remuneration, subject to a minimum charge of ____ _ All written contracts in the state(s) of. CA This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subjectto all the terms of the policy. Countersigned ____________ _ WC 99 06 19A 9-07 93-6369, WC990619A Authorized Representative Page 1 of 1 J6369111