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HomeMy WebLinkAboutChen Ryan Associates Inc; 2017-08-02; TRAN1601TRAN1601 AGREEMENT FOR PROJECT MANAGEMENT, GRANT MANAGEMENT, AND PRELIMINARY ENGINEERING FOR TAMARACK AND AVENIDA ENCINAS CIP PROJECTS SERVICES CHEN RYAN ASSOCIATES THIS AGREEMENT is made and entered into as of the 2-Aci day of A\.,\£j u.s+ , 20..f1., by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and CHEN RYAN ASSOCIATES, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in engineering, project management. B. Contractor has the necessary experience in providing professional services and advice related to engineering, project management. 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. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-three thousand eight hundred ninety-two dollars ($33,892). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. City Attorney Approved Version 2/29/16 TRAN1601 The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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' City Attorney Approved Version 2/29/16 2 TRAN1601 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. 11. 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. 11.1 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. 11.1.1 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. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 2/29/16 3 TRAN1601 11 .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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Craig Williams Title Mobility Manager Department Public Works City of Carlsbad 4 For Contractor Name Stephen Cook Title Project Manager Address 3900 Fifth Avenue.Suite 210 San Diego, CA 92103 City Attorney Approved Version 2/29/16 Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-826-9523 TRAN1601 Phone No. 619-784-1113 Email scook@chenryanmobility.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. 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 four categories. 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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 City Attorney Approved Version 2/29/16 5 TRAN1601 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 City Attorney Approved Version 2/29/16 6 TRAN1601 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. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CHEN RYAN ASSOCIATES, a California corporation sign here) tU()ni,-ue Cle" I Pres/Jer,1 (print'name/title) B~----'--< (sign here) t'oo k I .5et! ,,.1:rl1-'if (printname/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: 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:_~+-+-=--'=-=---___._,__- Deputy City Attorney City Attorney Approved Version 2/29/16 7 ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On~ / ~t2/ 1 before me, ___ D_o_nn_a_L_. _P_h_il"'-p_ott_/_N_o_ta_r-"----y_P_u_b_li_c __ n Dfr/ Insert Name and Title of Officer Above personally appeared _m:_!_...L.J~~i,&4"',t_L~~~""'""'~~~~==------------------- 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. :!,IUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUllllllllllllllllllllllllllllllllllllllllllllll! § ,,,,,_.~..,,. DONNA L. PHILPOTT § ~ COMMISSION# 2064977 c § NOTARY PUBLIC ~ _ SAN DIEGO COUNTY, CALIFORNIA-;, ~ Commission Expires: Apr. 19, 2018 ~ :11111111111111111111111111111111111111111111111111111u111111111111111111111111111111111111111111r: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above ----------------OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ________ _ Number of Pages: ___ _ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ______________ _ Signer's Name: _____________ _ D Corporate Officer -Title(s): _______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _______________ _ D Other: _____________ _ Signer Is Representing: __________ _ Signer Is Representing: __________ _ CHEN t-RY AN June 20, 2017 Lolly Sangster, MBA Program Manager-Sustainable Mobility Programs City of Carlsbad Public Works Department Traffic & Mobility Division 1635 Faraday Avenue Carlsbad, CA 92008 Exhibit A Re: Project Management, Grant Management, and Preliminary Engineering for the Tamarack Ave@ CB and Avenida Encinas CIP Projects Dear Ms. Sangster, Chen Ryan Associates, Inc. {the "Consultant") is pleased to submit this letter proposal to the City of Carlsbad (the "client") for professional support services for the City of Carlsbad Traffic and Mobility Division. Scope of Services Task 1 -Support Services for CIP Projects The Consultant will provide professional support services to the City of Carlsbad Traffic and Mobility Division. Program support services may include: • Grant reporting and administration • Coordination with Caltrans District 11 Local Assistance Engineer and SAN DAG • NEPA documentation and coordination • Project management assistance • Review of deliverables prepared by others • Development of program roadmaps and schedules • Conceptual design • Outreach support Support services will be provided as requested by City staff, to the extent budgeted. Task 2 -Program Coordination, Meetings, and Management The Consultant will perform project management and administration services consisting of invoicing (with associated back up), monitoring progress against budget, and overall quality assurance (QA). The Consultant will prepare contracts and task orders for required Subconsultant services. This task will also consist of: monitoring Subconsultant progress against budget and schedule, reviewing monthly Subconsultant invoices and associated back up. The Consultant will attend meetings as identified herein. Meetings in this scope of services are as follows: • Project Meetings with City staff (up to 3) -up to 2 hours each 3900 Fifth Street, Suite 210 I San Diego, CA 92103 I (619) 795-6086 www.ChenRyanMobility.com 8 Exhibit A CHEN .. RYAN • Bi-weekly Conference Calls with City staff (for up to 6 months) -up to 1 hour each Additional Services Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then-current hourly rates. Prior to commencing the Additional Services, Consultant shall obtain prior written approval from the Client. Additional services we can provide include, but are not limited to, the following: • Construction Documents • Bid and Construction Services • Preparation oftechnical studies • Meetings beyond the effort scoped above Information Provided by Client We shall be entitled to rely on the completeness and accuracy of information provided by the Client. The Client shall provide information requested by the Consultant during the project, this shall include: • Planning Documents • As-builts Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Fee and Billing Chen Ryan Associates, Inc. will perform the scope of services outlined above on a time and material basis not to exceed $33,892.00. Direct expenses will be invoiced at cost. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 30 days of the date of the invoice. We appreciate the opportunity to submit this proposal. If the terms of this proposal are acceptable to you, please sign below and this letter will serve as our contract. Very truly yours, Matthew B. Capuzzi, PE Principal Authorization to Proceed Name, Title Representing 9 Date Page 2 of 2 Exhibit A Project Management, Grant Management, and Preliminary Engineering for the Tamarack Ave @ CB and Avenida Encinas CIP Projects 6/19/2017 Support ,__.. Principal Professional Analyst Intern Staff .... Task Description $220.00 $180.00 $118.00 $65.00 $75.00 Task 1 -Suooort Services for CIP Projects 40 12 80 40 172 Task 2 -Project Coordination, Meetings, and Management 33 0 24 0 8 65 Project Manaoement and Administration 12 8 20 Proiect Meetinas with Citv Staff (up to 3) 9 12 21 Bi-weekly Conference Calls with City Staff 12 12 24 Expenses Total (Rounded to the neantSt $1) 73 12 I 104 I • I • m 10 $ $ $ $ $ $ I$ .. --23,000.00 10,692.00 3,240.00 3,396.00 4,056.00 200.00 ··-- ACORD8 .CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOIYYYY) L.--·· 07/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION I.S 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 endorsementts). PRODUCER f,~~~CT Carlos Kremer Kremer Insurance Agency Inc. r!1.Q~n c--858-547-9435 I ;£1~ Nol· 858-486-5440 9672 Via Excelencia, Ste. 104 ~~.el~""· admin@kremerins.com San Diego, CA 92126 INSURER/SI AFFORDING COVERAGE NAICI 0B33067 INSURER A: Farmers Insurance Exchange INSURED INSURER B: Travelers Casualty and Surety Company Chen Ryan Associates Inc. INSURERC: 3900 5th Avenue, Ste. 210 INSURERD: San Diego, CA 92103 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOV\IN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LIMITS ···--···-pn, ICY NUMBER )( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PRFMISES IF~ O""lJrroncel $ 100,000 MED EXP (Anvone oersonl $ 5,000 -A X 605878585 11/22/2016 11/22/2017 PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER· GENERAL AGGREGATE $ 4,000,000 ~ POLICY O 18-i O LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ ../ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 r--<Ea :::iccirlent\ ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED A X 605878585 11/22/2016 11/22/2017 BODILY INJURY (Per accident) $ AUTOS -AUTOS )( )( NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS r Per :::icr-klent\ r--- $ UMBRELLA LIAS H OCCUR EACH OCCURRENCE $ ~ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DFn I I RETFNT ION $ $ WORKERS COMPENSATION )( I ~~~Tl IT>' I I ~JH-AND EMPLOYERS' LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA X A09463374 04/18/2017 04/18/2018 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DFSCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liability 106201541 11/17/2016 11/17/2017 2,000,000/2,000,000 10,000 deductibl .,/ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder listed as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE CARLOS KREMER I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ~ ~ FARMERS INSURANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named • CHEN RYAN ASSOCIATES, INC. Insured. 3900 5TH AVENUE, STE. 210 • SAN DIEGO CA 92103 Effective Agent 99-56-355 A0946-33-74 Date 04/08/17 Policy Number of the Company WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT· BLANKET WC 99 0619 2017 Policy Year We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization for whid1 you perform work under a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 3 • O % of the Workers' Compensation premium otherwise due for the state(s) listed below on such remuneration, subject to a minimum charge of All written contracts in the stale(s) of: CA This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. Countersigned _______________ _ Authorized Representative 93-6369 1 IT EDITION 9-07 WC990619B )6369121 PAGE I OF I POLICY NUMBER: 605878585 COMMERCIAL AUTO CA 20 480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 07/18/2017 Named Insured: CHEN RYAN ASSOCIATES INC. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Carlsbad (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, butonly to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 D POLICY NUMBER: 605878585 j BUSINESSOWNERS BP 04 48 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE" Name Of Person Or Organization: City of Carlsbad * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP04480197 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1