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HomeMy WebLinkAboutHarris and Associates Inc; 2018-03-21;AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ASSESSMENT DISTRICT ADMINISTRATION, ENGINEERING AND ANNEXATION SERVICES HARRIS & ASSOCIATES This Amendment No. 2 is entered into and effective as of the i::\½ day of __ __.. ................. ._____.,.__ _____ , 2020, extending and amending the agreement dated March 21, 2018 (the "A ement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Harris & Associates, a California corporation, ("Contractor") (collectively, the "Parties") for assessment district administration, engineering and annexation services. RECITALS A. On the 21st day of March 2018, the Parties entered into the Agreement for assessment district administration, engineering and annexation services for a period of one (1) year with up to four (4) additional one (1) year periods; and B. On the 26th day of March 2019, the Parties executed Amendment No. 1 to the Agreement to extend the agreement for assessment district administration, engineering and annexation services; and C. The Agreement included an agreed upon fee schedule for administration services. These fees increase annually for inflation by the annual change in the Consumer Price Index (CPI). This fee schedule has been updated with the current year's CPI increase and is attached to and incorporated in by this reference as Exhibit "A", Administration Service Fees. D. The Parties desire to extend and fund 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 March 20, 2021 and funded in amount not to exceed twenty-five thousand eight hundred forty dollars ($25,840). The fee schedule in the original Agreement is amended and superseded by Exhibit "A." 2.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. Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 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 of this Amendment. CONTRACTOR (print name/title) By: (sign here) {print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Director ATTEST: fl;~t Q,~ BARBARA ENGLESON 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 !!!Y!! 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 ~-;1~R~E~ City Attorney BY: fl!lAX ~ ------------Assistant City Attorney City Attorney Approved Version 1/30/13 2 EXHIBIT "A" ADMINISTRATION SERVICE FEES Pricing Annual Administration Services FY2019-20 FY2020-21 District Annual Fee CPI Adj. Annual Fee Street Lighting and Landscaping District No. 1 Street Lighting Improvement Zone $ 6,168.00 2.60% $ 6,328.00 Street Tree Improvement Zone $ 2,570.00 2.60% $ 2,637.00 Median Landscaping lmpromvement Zone $ 6,168.00 2.60% $ 6,328.00 Street Lighting and Landscaping District No. 2 Multiple lmpromenment Zones (currently 14 Zones) $ 514.00 per Zone $ 7,196.00 2.60% $ 527.00 per Zone $ 7,383.00 Buena Vista Channel Maintenance District Benefit Area No. 1 $ 3,084.00 2.60% $ 3,164.00 Annexation Services (per Annexation basis) Annexation Services $6,168.00 plus $5.14 per parcel 2.60% $6,328.00 plus $5.27 per parcel Total: $25,186.00 Total: $25,840.00 City Attorney Approved Version 1/30/13 3 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0757776 800-877-4560 CONTACT NAME: HUB International Insurance Services Inc. ~.~~N,_t c~,, 925 609-6500 I r.e~ Nol: 925 609-6550 E-MAIL P.O. Box 4047 ADDRESS: INSURER/SI AFFORDING COVERAGE NAIC# Concord, CA 94524 INSURERA: Valley Forge Insurance Company INSURED INSURER B: The Continental Insurance Company Harris & Associates Inc. INSURER c: Travelers Property Casualty Co of Amer Attn: Susan Mandilag 1401 Willow Pass Road, Suite 500 INSURER D: Continental Casualty Company INSURER E: Concord, CA 94520 INSURER F: COVERAGES CERTIFICATE NUMBER· 534799258 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 l~"n un,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 6072176739 08/01/19 08/01/20 EACH OCCURRENCE $ 1,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 1,000,000 -X Ded: 0 MED EXP (Any one person) $ 15,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 =j POLICY ~ ::r& ~LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ B AUTOMOBILE LIABILITY BUA 6076590520 08/01/19 08/01/20 COMBINED SINGLE LIMIT iEa accident\-$ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ -OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED ~ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident) $ -~ X Ded: 0 $ B UMBRELLA LIAB H OCCUR CUE 6076590551 08/01/19 08/01/20 EACH OCCURRENCE $ 10,000,000 - X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 OED I X I RETENTION$ lO • 000 $ WORKERS COMPENSATION UB-8K458448-19-43-G * 08/01/19 08/01/20 x I ~~fruTE I I OTH-C ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE @] E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D PROFESSIONAL LIABILITY AEH591891588 08/01/19 08/01/20 Per Claim 10,000,000 Claims-Made Aggregate 10,000,000 Ded. Each Claim 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) * Workers Compensation policy excludes monopolistic states ND, OH, WA, WY. General Liability and Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms CNA75079XX 1016 and CNA63359XX 0412 (pg. 1, I.A.3). City is additional insured under General Liability and Auto Liability if required by a written contract. RE: Assessment Dist. Admin. Engineering & Annexation Services (HA #1700516) CERTIFICATE HOLDER CANCELLATION 170-0516 (2019) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad Roxanne Muhlmeister, Senior Accountant 1635 Faraday Ave. Carlsbad, CA 92008 I ACORD 25 (2016/03) dgarcia 534799258 CPA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA -© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD J ./ ./ C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or 8. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Insured Name: Harris & Associates Inc. Policy No: 6072176739 Effective Date: 08/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Insured Name: Harris & Associates Inc. Policy No: 6072176739 Effective Date: 08/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Architects, Engineers and Surveyors General Liability Extension Endorsement (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named lnsured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND Bis amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. CNA74858XX (1-15) Page 16 of 17 Insured Name: Harris & Associates Inc. Policy No: 6072176739 Effective Date: 08/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA POLICY NUMBER: BUA 6076590520 CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II -Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage -Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section Ill, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. 8. Transportation Expenses Section Ill, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. CNA63359XX (Ed. 04/12) Copyright, CNA Corporation, 2000. Page 1 of 3 Includes copyrighted material of the Insurance Services Office used with its permission. C'NA C. Loss of Use Expenses Section Ill, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section Ill. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section Ill, Paragraph 8.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment CNA63359XX (Ed. 04/12) Section Ill, Paragraphs B.4.c and 8.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section Ill, Paragraph 8.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). Ill. Drive Other Car Coverage -Executive Officers The following is added to Sections II and Ill: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or CNA63359XX (Ed. 04/12) Copyright, CNA Corporation, 2000. Page 2 of 3 Includes copyrighted material of the Insurance Services Office used with its permission. C'NA b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us CNA63359XX (Ed. 04/12) The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX (Ed. 04/12) Copyright, CNA Corporation, 2000. Page 3 of 3 Includes copyrighted material of the Insurance Services Office used with its permission. CNA II WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS A UTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect t o coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARRIS & ASSOCIATES, INC. Endorsement Effective Date: 08/01/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQU IRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transf er Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) show n in t he Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Endorsement Effective Date: 08/01/2019 Page: 1 of 1 Endorsement Expiration Date: c Copyright Insurance Services Office, Inc., 201 1 Policy No: BUA 6076590520 Policy Effective Date: 08/01/2019 ...... TRAVELERSJ · ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER; UB-8K458448-19-43-G 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 2. oo % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule 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.) Endorsement Effective Insured Insurance Company Policy No. Endorsement No. Premium Countersigned by ____________ _ Page 1 of 1 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR ASSESSMENT DISTRICT ADMINISTRATION, ENGINEERING AND ANNEXATION SERVICES HARRIS & ASSOCIATES This Amen ment No.1 is entered into and effective as of the d /_pt,h day of __ ...,:_!......../-l,,A,,,,<~"""'--1....----' 2019, extending and amending the agreement dated March 21, 2018 ( he "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Harris & Associates, a California corporation, ("Contractor") (collectively, the "Parties") for assessment district administration, engineering and annexation services. RECITALS A. On March 21, 2018, the Parties entered into the Agreement for assessment district administration, engineering and annexation services for a period of one (1) year with up to four (4) additional one (1) year periods; and B. The Agreement included an agreed upon fee schedule for administration services. These fees increase annually for inflation by the annual change in the Consumer Price Index (CPI). This fee schedule has been updated with the current year's CPI increase and is attached to and incorporated in by this reference as Exhibit "A", Administration Service Fees. C. The Parties desire to extend and fund 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 March 20, 2020 and funded in amount not to exceed twenty-five thousand one hundred eighty-six dollars ($25,186). The fee schedule in the original Agreement is amended and superseded by Exhibit "A." 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. /II /II Ill Ill City Attorney Approved Version 1/30/13 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 of this Amendment. CONTRACTOR • · (signre) ~ CITY OF CARLSBAD, a municipal corporation of the State of California By: ~Qc__ City Manager or Mayor or Director KDeAA\s kl\..:) 4E:t,. iheee,J,._l! ~1c,(d{' (print name/title) By: (sign here) (print name/title) ATTEST: Clum, hO{<:r(LJCW ~RBARA ENGLESON U v11y 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. APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 EXHIBIT "A" ADMINISTRATION SERVICE FEES Pricing Annual Administration Services F\'2018-19 FV2019-20 District Anooal Fee CPI Adj. Annual Fee Street Ughting and Landscaping District No. 1 Street Lighting Improvement Zone $ 6,000.00 2.80% $ 6,168.00 StreetTree Improvement Zone $ 2,500.00 2.80% $ 2,570.00 Median Landscaping Improvement Zone $ 6,000.00 2.80% $ 6,168.00 Street U&ftting and Landscaping District No. 2 Multiple Improvement Zones (currently 14Zones) $500 per Zone $ 7,000.00 2.80% $514 per Zone $ 7,196.00 Buena Vasta Channel Maintenance District Benefit Area No. 1 $ 3,000.00 2.80% $ 3,084.00 Annexation Services (per Annexation basis) Annexation Services $6,000 plus $5 oer parcel 2.80% $6,168 plus $5.14 per parcel Total: $ 24,500.00 Total: $25,186.00 City Attorney Approved Version 1/30/13 3 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/03/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0757776 1-800-877-4560 CONTACT NAME: HUB International Insurance Services Inc. r .. ~~N_\:~ "•"· 925 609-6500 I FAX fAJC Nol: 9 2 5 609-6550 E-MAIL P.O. Box 4047 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Concord, CA 94524 INSURER A: Valley Forge Insurance Company INSURED INSURER B: Navigators Specialty Insurance Company Harris & Associates Inc. INSURER c : Travelers Property Casualty Co of Amer Attn: Susan Mandilag INSURER D: Continental Casualty Company 1401 Willow Pass Road, Suite 500 INSURER E: Concord, CA 94520 INSURER F: COVERAGES CERTIFICATE NUMBER: 53610308 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 m~n -•n POLICY NUMBER fMM/DD/YYYYl fMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 6072176739 08/01/18 08/01/19 EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES fEa occurrencel $ 1,000,000 X Ded: 0 MED EXP (Any one person) $ 15,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ 0PRO-~ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY ~ ~~~~~~d';,~ir'NGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY -AUTOS HIRED NON-OWNED ip~~~~c7d~gAMAGE $ ~ AUTOS ONLY -AUTOS ONLY $ B UMBRELLA LIAB HOCCUR SF18EXC712701IC 08/01/18 08/01/19 EACH OCCURRENCE $ 10,000,000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 OED I X I RETENTION $ O $ WORKERS COMPENSATION UB-8K458448-TIL-18 * 08/01/18 08/01/19 x I ~ffTuTE I I OTH-C ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D PROFESSIONAL LIABILITY AEH591891588 08/01/18 08/01/19 Per Claim 10,000,000 Claims-Made Aggregate 10,000,000 Ded. Each Claim 150,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) * Workers Compensation policy excludes monopolistic states ND, OH, WA, WY. General Liability Additional Insured status granted, if required by written contract/agreement, per attached form CNA75079XX 1016. ~ City is additional insured under General Liability if required by a written contract RE: Assessment Dist. Admin. Engineering & Annexation Services (HA #1700516) CERTIFICATE HOLDER CANCELLATION 170-0516 (2019) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad Roxanne Muhlmeister, Senior Accountant 1635 Faraday Ave. Carlsbad, CA 92008 I ACORD 25 (2016/03) dgarcia 53610308 CPA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -~L. l . USA © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / / C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Insured Name: Harris & Associates Inc. Policy No: 6072176739 Effective Date: 08/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Insured Name: Harris & Associates Inc. Policy No: 6072176739 Effective Date: 08/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Architects, Engineers and Surveyors General Liability Extension Endorsement (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named lnsured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. CNA74858XX (1-15) Page 16 of 17 Insured Name: Harris & Associates Inc. Policy No: 6072176739 Effective Date: 08/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. TRAVELERft ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: (UB-8K458448-TIL-18) 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 02. 000 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule 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.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: 08-02-18 Policy No. Endorsement No. Premium Countersigned by ___________ _ ST ASSIGN: Page 1 of 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 08/01/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Sponsored Proqrams NAME: Marsh Sponsored Programs PHONE 1-877-320-9393 I fffc Nol: 515-365-0895 'A,,.. Nn Ext\: a division of Marsh USA Inc. E-MAIL riskmanagement@marshpm.com Vendor ID: 31459 ADDRESS: PO Box 14404 INSURER(S) AFFORDING COVERAGE NAIC# Des Moines, IA 50306-9686 Old Reoublic Insurance Company 24147 INSURER A: INSURED INSURERS: HARRIS & ASSOCIATES, INC INSURERC: 1401 Willow Pass Road, Ste 500 Concord, CA 94520 INSURERD: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL I:;UBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE '···~~ '···~ POLICY NUMBER 1MM/DD/VVVV1 IMM/DD/YYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f---:=:J CLAIMS-MADE □ OCCUR PREMISEJ 7E~~~~ncel $ f---MED EXP (Any one person) $ PERSONAL & ADV INJURY $ f--- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R □PRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY X X L 100554-18 08/01/2018 08/01/2019 ~~".!~~~tflNGLE LIMIT $ 1,000,000 ~ X ANY AUTO BODILY INJURY (Per person) $ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ f---AUTOS ONLY f---AUTOS HIRED NON-OWNED ;pF;,?~~~~RAMAGE $ f---AUTOS ONLY f---AUTOS ONLY \; $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ f--- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION i $ WORKERS COMPENSATION I ~'ffruTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ g~itti'tfi3~ ~n~~PERA TIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) GPBR: 1XL1 Policy provides protection for any & all operations/jobs performed by the named insured where required by written contract. Certificate holder is an Additional Insured where required by written contract. Waiver of Subrogation included where required by written contract. Insurance is primary and non-contributory. RE: Assessment Dist. Admin. Engineering & Annexation Services (HA #1700516) CERTIFICATE HOLDER CANCELLATION 170-0516 (2019) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Roxanne Muhlmeister, CPA ACCORDANCE WITH THE POLICY PROVISIONS. Senior Accountant 1635 Faraday Avenue AUTHORIZED REPRESENT TIVE Carlsbad, CA 92008 B.~-J-C-~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 11882363 OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Schedule Any person(s) or organization(s) as required by written contract or agreement. 1. SECTION 11 -COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to include the person(s) or organization(s) designated in the Schedule above but only for damages: a. Which are covered by this insurance; and b. Which you have agreed to provide in a written contract. 2. The limits of insurance afforded to such person(s) or organization(s) will be: a. The minimum limits of insurance which you agreed to provide, or b. The limits of insurance of this policy whichever is less. CA 560 002 1213 L 100554-18 Page 1 of 1 HARRIS & ASSOCIATES, INC 08/01 /2018-08/01/2019 POLICY NUMBER: COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARRIS & ASSOCIATES, INC Endorsement Effective Date: 08/01/2018 Name{s} Of Person{s} Or Organization{s}: SCHEDULE All persons or organizations as required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 L100554-18 c Insurance Services Office, Inc., 2011 HARRIS & ASSOCIATES, INC Page 1 of 1 08/01/2018 · 08/01/2019 COMMERCIAL AUTO CA 04491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04491116 L 100554-18 © Insurance Services Office, Inc., 2016 HARRIS & ASSOCIAlES, INC Page 1 of 1 08/01/2018 -08/01/2019 AGREEMENT FOR ASSESSMENT DISTRICT ADMINISTRATION, ENGINEERING AND ANNEXATION SERVICES HARRIS & ASSOCIATES ""' THIS P,13REEMENT is made and entered into as of the :2.,/ 5-t' day of '/1/\ .... ,M~ , 20___Js,by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Harris & Associates, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in assessment district administration, engineering and annexation services. B. Contractor has the necessary experience in providing professional services and advice related to assessment district administration, engineering and annexation services 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 four (4) 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 A. Engineering and Administration Services The total fee payable for the Services to be performed during the initial Agreement term will be seventeen thousand five hundred dollars ($17,500) as further described in Exhibit "A" -Pricing for Annual Administration Services for the Street Lighting Improvement Zone, the Street Tree Improvement Zone, the Median Landscaping Improvement Zone and the Buena Vista Channel Maintenance District. The total fee payable for the Services to be performed during the initial Agreement term will be five hundred dollars ($500) per zone for Street Lighting and Landscaping City Attorney Approved Version 9/27/17 District No. 2. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed an increase of more than the annual change in the annual Consumer Price Index (CPI), during the preceding calendar year, for all Urban Consumers, for the San Diego area, as published by the United States Department of Labor per Agreement year. 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". B. Annexation Services The total fee payable for the Services to be performed during the initial Agreement term will be six thousand dollars ($6,000) plus five dollars ($5) per parcel for each annexation as further described in Exhibit "A" -Pricing for Annual Administration Services. Annexations will be done on an as-needed basis. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed an increase of more than the annual change in the annual Consumer Price Index (CPI), during the preceding calendar year, for all Urban Consumers, for the San Diego area, as published by the United States Department of Labor per Agreement year. 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". 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 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 City Attorney Approved Version 9/27/17 2 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 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. City Attorney Approved Version 9/27/17 3 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. 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. City Attorney Approved Version 9/27/17 4 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 Roxanne Muhlmeister Title Senior Accountant Department Finance City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2417 For Contractor Name Dennis Klingelhofer Title Vice President, Public Finance Address 22 Executive Park, Suite 200 Irvine, CA 92614 Phone No. 919-246-9041 dennis.klingelhofer@weareharris. Email 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. YesD No~ 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 City Attorney Approved Version 9/27/17 5 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 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. City Attorney Approved Version 9/27/17 6 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. Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27/17 7 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 K', ben", s 1-<L:"~(t.lkok l '-' P. (print na e/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California :~~~Division Dir as authorized by the City Manager ATTEST: !JL.£~ BARBARA ENGLESON 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. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _;LJ-"-------=--L___.____ Assistant City Attorney City Attorney Approved Version 9/27/17 8 EXHIBIT "A" SCOPE OF SERVICES See attached exhibit "A" -Assessment District Administration Engineering & Annexation Services for scope and pricing. City Attorney Approved Version 9/27/17 9 EXHIBIT A --Harris & Associates City of Carlsbad Assessment District Administration Engineering & Annexation Services Scope The following describes our scope to provide ongoing administration and management services: Assessment District Engineering and Administration Services • Task 1 -Kick-off Meeting and Annual Levy Timeline Harris will coordinate an annual kick-off meeting with City staff to review the annual levy timeline and discuss any changes in the annual administration process. This will include a discussion of anticipated maintenance expenses for the coming year early enough to identify any potential need for property owner noticing and balloting under Proposition 218. Any recent or pending legislative changes will also be reviewed with City staff. Deliverable: Detailed schedule of tasks required for the annual update process, including dates for the submittal of draft documents for City review and submittal dates for final documents based upon the City Clerk's requirements for the preparation of Council agenda packages and publication dates. • Task 2 -Update Parcel Database/Spreadsheets Harris will update the database for each district based on information shown on the latest County Tax Roll and Assessor's data. Harris will utilize other data sources to provide more current information when available. Where required to accurately reflect the current development status of parcels prior to the calculation of the annual levy, Harris' project team will research City building permit and Certificate of Occupancy data. This will provide the maximum revenues to the City. In updating the parcel database, Harris maintains a clear "audit" trail (parent/child relationship) and will provide a summary report of parcel changes in each district from the prior year. Any "over-rides" of the County Assessor's data will also be tracked and included in the summary reports so that there is a clear trail of the basis that was used for the calculation of the annual assessment on parcels. Deliverable: Current database for each district, which will be provided to the City in a viewable format to facilitate parcel lookups. The database will be search-able by both APN and situs address. Research for any missing parcel data (acreage, land use, etc.). Parcel Change report for each district that provides a summary of parcel changes and updates. • Task 3 -Annual Budget Preparation Support Harris will assist the City in the development of annual budgets for each district. This will include reviewing historical costs, projected fund balances, CIP budgets and replacement/rehabilitation 22 Executive Park, Suite 200, Irvine, CA 92614 I p: 949.655.3900 I f: 949.655.3995 I WeAreHarris.com City of Carlsbad Assessment District Administration Engineering & Annexation Services Page 2 of 4 needs. This will allow the City to evaluate the potential need for future increases to determine if Proposition 218 proceedings may be required to allow adequate time for property owner outreach and education activities. Deliverable: Budgets for each district. • Task 4 -Prepare Annual Engineer's Reports An Annual Engineer's Report will be prepared for each district based upon the requirements of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution. These reports will be prepared under the direction of the Assessment Engineer as the registered professional engineer responsible for signing each report. Deliverable: An updated Engineer's Report for each district prepared under the direction of the Assessment Engineer (two copies of the full reports with Assessment Rolls and one electronic copy of the reports). • Task 5 -Preparation of Approval Documents Harris will prepare required resolutions, City Council reports and other documents required for the annual renewal of the maintenance and special services districts. These will be prepared in draft form for review by City staff including the City Attorney. All documents will be prepared in advance of the City Clerk's date for agenda items. Deliverable: Review of City Council resolutions, staff reports, notices and documents needed for the annual renewal of the districts. • Task 6 -Meeting Attendance Harris' representative will attend up to two City Council meetings during the annual update process at the request of City staff. Deliverable: Attend two City Council meetings. • Task 7 -Prepare and Submit Annual Assessments Compile and transmit a complete list of the assessment for each assessor's parcel to the County via disk or other manner as requested by the County of San Diego. Since there are separate fund numbers for each district, separate submittals will be made for each levy. Harris will research any exceptions, resolve all discrepancies, resubmit data to County and confirm acceptance of the updated levies prior to the deadline. Deliverable: Annual levy submittal documents and data. B I Harris & Associates City of Carlsbad Assessment District Administration Engineering & Annexation Services Page 3 of 4 Updated parcel data reflecting changes reflected in final levy submittal. Levy submittal summary report showing final amount to be placed on the property tax roll for collection, and description of any variance in reports (i.e. publicly owned or SBE parcels). • Task 8 -Hand Billing Certain parcels within the City cannot have charges placed onto the property tax rolls due to the ownership of the parcel. These may include publicly owned parcels, common area parcels or parcels with little or no assessed value. Deliverable: Prepare a list of parcels to be hand-billed for each of the services. This list will be provided to the City for review and comment, and will contain such information so that the City can generate and deliver a hand-bill to those particular parcels, or at the City's request, Harris can prepare the handbills and issue them annually on a schedule similar to the County's property tax schedule. • Task 9 -Respond to Property Owners' Inquiries Harris will provide a toll-free telephone number to be included on the County's property tax bills. Harris will respond to property owner inquires and maintain a log of all calls received, the nature of the call and any recommended actions, and provide the City with a monthly summary of the calls received. All calls will be returned within one business day if not answered at the time of the call. Harris will provide bilingual support if requested. Deliverable: Monthly report on inquiries and call activity. B I Harris & Associates City of Carlsbad Assessment District Administration Engineering & Annexation Services Page 4 of 4 Pricing Annual Administration Services District Street Lighting and Landscaping District No. 1 Street Lighting Improvement Zone Street Tree Improvement Zone Median Landscaping Improvement Zone Street Lighting and Landscaping District No. 2 Multiple Improvement Zones Buena Vista Channel Maintenance District Benefit Area No. 1 Annexation Services (per Annexation basis) Annexation Services Annual Fee (1) $6,000 $2,500 $6,000 $500 per Zone $3,000 $6,000 plus $5 per parcel for each annexation (1) The Fees listed to provide Annual Administration Services shall increase annually for inflation by the annual change in the annual Consumer Price Index (CPI), during the preceding calendar year, for all Urban Consumers, for the San Diego area, as published by the United States Department of Labor, Bureau of Labor Statistics. Should the stated index be discontinued, a reasonably equivalent index should be utilized annually. The Annual Fee above includes all indirect expenses (such as travel, mileage, and duplicating, etc.). Additional Tasks/Services Any additional tasks or services assigned by the City shall be charged at the hourly rates listed below. Position Hourly Rate Principal/Director $225 Assessment Engineer $165 Senior Analyst $150 Analyst $135 Invoices will be sent within a month of services being completed with net 30 terms by check or EFT . • , Harris & Associates B Harris & Associates CERTIFICATE OFTHE PRESIDENT & CEO OF HARRIS & ASSOCIATES, INC. Authorization to Enter into Contracts and Proposals Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California corporation ("Company"), and the delegation of authority by the Board of Directors of the Company, to the President/CEO, the undersigned, as President/CEO, hereby authorizes the individuals named below to have the authority to enter into contracts and proposals and incur obligations in the amounts set forth below for contracts with acceptable risk. Those contracts that have questionable risk must be elevated to the Executive Leadership Team ("ELT") for review and approval. These individual authorities shall remain in effect until the designated individual's employment or position is terminated, or the signing authority is revoked, changed or amended by a duly executed Certificate of the President/CEO. Contracts and Proposals in Unlimited Amounts: (C-suite and Division Presidents (SVP's)) Ehab Gerges John Kuprenas Lisa V. Larrabee Glenn Suitor Steven Winchester Contracts and Proposals up to Five Million Dollars ($5,000,000) (Division Practice Leaders (VP's)) Christopher J. Dunne K. Dennis Klingelhofer Gary H. Yagade Contracts and Proposals up to One Million Dollars ($1,000,000) RandallG. Berry Jasmine Cuffee Vijay Desai Ann Hajnosz Roger Kohne Matt C. Nethercutt Vernon A. Phillips Sam Vaghmaie Contracts and Proposals up to Two Hundred Fifty Thousand ($250,000) Scott Alman Ryan Binns Alison Bouley Brian Brown Patrick Dobbins Sean Dunbar Jules Feher Serafin Fernandez Kate Giberson Brandon Hays Lara Jennings Frank Lopez Bobby Pentorali Diane Sandman David Vallejos Alex Yescas 1, .f1::. IN WITNESS ~E0F, the undersigned has executed this Certificate of the Presid;.n:;jofthis_crl,_ day of 06b, 2017 W'--f:uh.u-- Lisa V. Larrabee, President & CEO . ~ ACORD® ~· CERTIFICATE OF LIABILITY INSURANCE i DATE (MM/DDIYYYYI 07/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THI: CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFlnMA1i'.1ELY OR NEGATIVELY AMEND, EXTEND vR ALTER THE COVEj-!AGE AFFORDE;J BY THE POLICIES BELOW. THIS CERTIFICATE OF iNSU!'.A:-CCE DOES iWT CONSTrillfi: A CONTRACT BETW[E'N THt: !~SUING INSU~l:R(S), AUTHORIZED REPRESENTATIVE OR PRODUCE!<. AND THE Ct:RTIFICATE HOLDER. -------------------IMPORT Am: If the certificate holder is an ADDrflOl'IAL ltlSURED, the policy(ies) must be er.dorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, c-1rta111 pnlic:ttto may require an endorsement. A statement on t"i~ certificate does not confer rights to the certificate holder in lieu of such endors .. .nr.-:t{s). PRODUCER 0757776 ---r:-ii'iio-877-4560 HUB International Insur~nce Services lnc. P.O. Box 4047 Concord, CA 94524 INSURED Harris & Associates rnc. Attn: Susan Mandilag 1401 Willow Pass Road, Suite 500 Concord, CA 94520 CONTACT !-IAJ\1~ - rtg_NJo.la.~!};_925 -~O~-[SOC E·MAIL ADDRESS: INSURE~.j~ Ac;.ORDING COVERAGE INSURER A: Cicj_zens Iua1-1:rancc t.::~ar1y of --~erica INSURER B: Navigacors ~!'"'c~,,1 t:;· ~In.~~~-CE!_ <:()lll?lin:!7 INSURER c: ::'rave,lers. Proper~y Caaualty Co. of Amer INSURER D: Cnntimmtal Ca!3U'1] ty Ccmpany ----------·· --·-----··--·--------~ INSURER i' : __ -·· NAIC# ._--------------------------------~~l~l.~S-U~R-E_R~F_: ________ --------------~----~ COVERAGES CERTIFICATE NUMBER: 50466318 REVISION NUMBER: .----------------·---------~ lHlS !S f() CC:R:"ifY THAT TH[ POLIC!ES or !i'-JSUFiANC~ LISTED BELOVt/ HAVE Bf:EN 13St1ED TO THE :tJSUREP ft\!\lEC 1·.sovt f-•.)P. TH[ PGUC\' P~2RIOD INDICATED NOTWITHSTANDING MJY REQUIREMENT TErtl,i OR CONDITION OF ANY COi'; 1RACT OF: '.JTHE:R DOCUMENT WITH Ht:SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEkTAiN, Trii:: INSURANCI:: AFFORDED DY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL;r;,r:-;. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ..:~1\li"1S ·~: ----·---TY;~~F ;,;~u~~~"-=~-~~~~~r-----~Ol IC~~N~~~~R --· ---~:~~J5Ttt7r~r,=~f~·M~~ll . --. . -·----· __ L_IM_IT~S _______ _. A GENERALLIABIUTY ! ZBF920172~ 08 08/01/U 08/01/18 EAGh()C'~URRFNC" !~.O.<J.O~.ooo I ~~ro~= X COMMERCIAL GENERAL LIABILITY i PREM!S[~.<_~~ccurrer,cal_ __ $J,_ 000.-.00_0 --=1 CLAIMS-MADE lJJ OCCUR I M_lc')_~P!MyoneJl<!~"L __ $_10,000 X Ded: 0 i I PrRSONAi. £ ADV INJURY $ 2,000, 000 --, = ==~ = -==--~= ~ --I li:EJ~E~.1:A~c,i{EGATE $ 4 ,-000. 000 GEN.LAGGREGAIE LIMIT P.PPLIES P~R: I 1 f "Ol>UC1S · GuM P/OPAGG $4,000,000 Goucv rx-1 ~~?r jl{-] LOG I $ ---1 ---· 1 c7iMBINEDSINGL ELIM'f AUTOMOBILE LIABILITY --·, .. ffa a~1\l.e_n!) _ J -I ANY AUTO I I i I BOD,L y tN.<UrtY (P Ar per..>or1) $ -· I ' ! -----~-ALL OWNlcD t- SCHEDULED .J()l)!L V iNJUq', (P er ac.cident) $ AUTOS AUTOS NON-OWN Ell rRC:)Pl,RTY DAMA GE $ HIRED AUTOS AUTOS lJP;;r ,,cc1dent)__~ i B UMBRELLA LIAB lXJ OCCUR ILA1'7EXC712701IC 08/01/l'l 08/01/18 , EACH OCCURREN CE $10,000,000 -----· ----·· - X EXCESS LIAB . CLJ,;MS·t.iAuE i I ~~t£A!E_ --__ ' $ 10,000,000 ·-- DED -1 x I RET•NTIUN; ci--. -. I I -- l I $ C WORKERS COMPENSATION ' I IPJUB8166N36A17 • 08/01/1 001oi7iaf_~~~,nfJNs I OTH- · AND EMPLOYERS' LIABILITY Y/1, I ANY PROPRIETORll'ARTNER/EcX!cWTIVE ~ I E.L EACH '\CCIDE Nr $1,000,000 OFFICER/MEMBER EXCLUDED? N . N;A ,-~ (Mandatory In NH) f~ lllScASc -EA EMPLOYE $1,000,000 ~t;~~f~i~8~ 'c;',;'gPERA TIONS below --------I E.L OISEt.Sf POL ICYLIMIT $ 1,000,000 D PROFESSIONAL LIABILITY ABH!>~l.tl\H!>tltl Utl/lll./l. I uC7C1/18 Per Clafm 10,000,~0 Claims-Mllde I I i I I IAggr .. gate 10,00u,OOO I Ded. Bach C laim 150,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Allaclt ACORD 101, Addltlonal Remarks Schedule, If more opace lo ro~ufred) • Wurkers CompensatJon policy exclud~s monop~ljstic states ND, OH, WA, WY. General Liability Addition.;.! Insured statu:i g:"."ii:Uted, if required by wri.tten contract/agreement, per attached foJ:1118 MAN-0426 0715 & MAN-0427 0715. City as Additional Insured as respects General Liability, as required by written ~ontract. RE: Feasibility study for replacement of City'& lightin~ & landscaping districts (HA #1220080) ._ __________________ ------------------------·-·--------------------' CERTIFICATE HOLDEP. CANCELLMION .----------------····-···---------·---,-------------------------------. 122-0080 (2017) City of Carlsbad Charles McBride, Finance Director Finance Dept. 1635 Faraday Ave. Carlsbad, CA 92008 I ACORD 25 (2010/05) dgarcia 50466318 USA SHOULD ANY OF THE ABOVf OEl:iCRIE>fD -,OLICIES BE CANCELLED BEFORE THE EXPIRATION !'ATE T'iEF:!::O~, N•)TICE WILL BE DELIVERED IN ACCOktlANCE '.'IITli TliE !'OL•C"f PkOVIS!ONS. -----------------------------l AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered markl> of ACORD - v' - P52oOUlMOOl POLICY NUMBER: ZBF9201722 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION MAN-0426 07/15 This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsursd Perscn(s) Or Organization(&): Location(&) Of Covered Operations Blanket as Required By Written Contract (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. SECTION II -WHO IS AN INSURED Is amended to Include as an additional insured the person(s) or organlzatlon(s) shown in the Schedule, but only with respect to llab"ity for "bodily injury", "property damage• or "personal and advertising injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) al the location(s) designated above. e. With respect to the Insurance afforded to these additional Insureds, the following additional excluslons apply: This insurance does not apply to "bodily Injury• or "property damage" occurring after: 1. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be perfonned by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of •your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. MAN-0426 07/15 Includes copyrighted material of Insurance Services Office, Inc., with Hs permission. Page 1 of 1 µ.. 0 N > z u.J l'i!b(Hl.!Xtllll POLICY NUMBER: ZBF9201722 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS MAN-0427 07/16 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description m Compieted Or Organlzatlon(s): Operations __ ,._ Blanket as Required By Written Contract (II no entry appears above, information required to comp/eta lhis endorsement will bu shown in the Declarations as applicable to this endorsement.) SECTION II -WHO IS AN INSURED Is amended to Include as an additional Insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury" or 'property damage• caused, in whole or in part, by •your work" at the location designal'old and descrihad in the schedui& of ,his endorsement pertormed for that addllional insured and included in !1'1~ "products comp!etod operations hazard". ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. MAN-0427 07/15 Includes copyrighted material of Insurance Ser.Ices Office, Inc., with Its pennlsslon. Page 1 of 1 - "' r--"T ,,-. ;_.... 7 i..W P'.'il6tllJ2XtltJl POLICY NUMBER: ZBF9201722 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Olher lneurance: Addltlonal Insured -Primary and Non-Contributory If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization Included as an Additional Insured under SECTION !! -WHO IS AN INSURED, !s pr!mary and non-contributory, the following applies: II other valid and collectible insurance Is available to the Additional Insured for a loss we cover under Coverages A or B of this Coverage Par1, our obligations are limited as follows: (1) Primary Insurance This Insurance is primary to other Insurance that Is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other Insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; {b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When (2) below applies. II this Insurance Is primary, our obligations are not affected unless any of the other Insurance is also primary. Then, we will share with all that other ineurru,ce by the method descrioed in (3) below. (2) Excesslnsurance (a) This Insurance Is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (I) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire Insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (Ill) That is Insurance purchased by the Additional Insured to cover the Additional lnsured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, •autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A -BODILY INUHY AND PROPERTY DAMAGE LIABILITY. {b) When this insurance Is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" If any other Insurer has a duty to defend the insured against that "suit". II no other Insurer defends, we will undertake to do so, but we will be entitled to the lnsured's rights against all those other insurers. (c) When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If ariy, that exceeds the sum of: (I) The total amount that an such other Insurance would pay for the loss In the absence of this insurance; and (II) The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part. (3) Method Of Sharing (a) If all of the other Insurance permits contribution by equal shares, we will foUow this method also. Under this approach each insurer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. (b) If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421--0452 12 14 Includes oopyrighted materials of Insurance Services Office, Inc., with Its pennisslon. Page 1 of 1 > z ~ - POLICY NUMBER: ZBF9201722 08 COMMERCIAL GENERAL LIABILITY CG24 040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIOi~S LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organlzati~n: BLANKET WITH WRITTEN CONTRACT ! Information req~irnd to complete this Schedule, if not shown above, will be shown In the Declarations. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Othurs To Us of Section IV -Conditions: We waive any rlgM of ,ecovery we may havtt against lhe person or organization bhown in the Schedule above because of payments we .nsko tor injury or damage arising out of your ongoing operations or "your work" done under a cc,ntract with that person or organization and inch;d:3d !r. U1e "products- completed operations ha;:ard". This waiver applies only to the parson er organization shov.n in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 - - P5lllllOlX002 ~ TRAVELERSJ ONE TOl'IBR SQUARB HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: (PJUB-8166N36-A-17) 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 02. 000 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule 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.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: 07-27-17 Policy No. Endorsement No. Premium Countersigned by __________ _ ST ASSIGN: Page 1 of 1