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Home My WebLink AboutNV5 Inc; 2017-07-26;City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES NV5, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated July 26, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and NV5, Inc., (“Contractor") (collectively, the “Parties”) for engineering plancheck services. RECITALS A.The Parties desire to extend the Agreement for a period of one (1) year; and B.The Parties have negotiated and agreed to a supplemental scope of work and feeschedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. 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 extendedfor a period of one (1) year ending on July 25, 2021. In addition to those services contained in the Agreement, as may have been amended from time to time, the total annual Agreement amount shall not exceed three hundred thousand dollars ($300,000). 2.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 3.All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D 23rd July City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. NV 5, INC. a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick City Manager Mary Jo O’Brien/Corporate Secretary (print name/title) ATTEST: By: (sign here) Tamara R. McMinn for BARBARA ENGLESON Carmen Kasner/PE, Regional Managing Director City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7/14/2020 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Valley Forge Insurance Company 20508 NV5INC0-01 Transportation Insurance Co.20494NV5,Inc.15092 Avenue of Science,Suite 200SanDiego,CA 92128 Berkley Insurance Company 32603 Continental Insurance Company 35289 1026649266 A X 1,000,000 X 1,000,000 X Cross Liab 15,000 X $0 Deductible 1,000,000 2,000,000 X X X Y 6057040530 5/1/2020 5/1/2021 2,000,000 Deductible 0 D 1,000,000 X Y 6057040575 5/1/2020 5/1/2021 B N WC657040558 5/1/2020 5/1/2021 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability AEC903639504 5/1/2020 5/1/2021 Each ClaimAggregate $10,000,000$20,000,000 Re:City of Carlsbad Engineering Plan Checking Services.Additional Insured coverage applies to General Liability and Automobile Liability for the City ofCarlsbad,its officials,employees and volunteers per policy form.Primary coverage applies to General Liability and Automobile Liability per policy form.Professional Liability -Claims made form,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reasonotherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. 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3DJH RI ,QVXUHG 1DPHNV5 Global, Inc &RS\ULJKW&1$$OO5LJKWV5HVHUYHG,QFOXGHVFRS\ULJKWHGPDWHULDORI,QVXUDQFH6HUYLFHV2IILFH,QFZLWKLWVSHUPLVVLRQ DocuSign Envelope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lobal, Inc. &RS\ULJKW&1$$OO5LJKWV5HVHUYHG,QFOXGHVFRS\ULJKWHGPDWHULDORI,QVXUDQFH6HUYLFHV2IILFH,QFZLWKLWVSHUPLVVLRQ DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. 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. SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. 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&RS\ULJKW&1$$OO5LJKWV5HVHUYHG,QFOXGHVFRS\ULJKWHGPDWHULDORI,QVXUDQFH6HUYLFHV2IILFH,QFZLWKLWVSHUPLVVLRQ F$Q\RIWKHRWKHULQVXUDQFHZKHWKHUSULPDU\H[FHVVFRQWLQJHQWRUDQ\RWKHUEDVLVWKDWLVLQVXUDQFHDYDLODEOH WRWKH1DPHG,QVXUHGDVDUHVXOWRIWKH1DPHG,QVXUHGEHLQJDSDUWLFLSDQWLQDFRQVROLGDWHGZUDSXS LQVXUDQFHSURJUDPEXWRQO\DVUHVSHFWVWKH1DPHG,QVXUHG¶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amed Insured: NV5 Global, Inc.Policy Number: 6057040530 Effective Date: 05/01/2020 DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D Policy No: 6057040530; 6057040575CUE6076054554 Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2020 © Copyright CNA All Rights Reserved. It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D &IVOPI]-RWYVERGI'SQTER]4EKISJ ;LIRIZIVTVMRXIHMRXLMW)RHSVWIQIRXXLIFSPHJEGIX]TIXIVQWWLEPPLEZIXLIWEQIQIERMRKWEWMRHMGEXIHMRXLI4SPMG]*SVQ%PPSXLIVTVSZMWMSRWSJ XLI4SPMG]VIQEMRYRGLERKIH -RWYVIH 2:+PSFEP-RG Policy Number AEC903639504 %YXLSVM^IH6ITVIWIRXEXMZI)JJIGXMZI(EXISJ8LMW)RHSVWIQIRX 05/01/2020 &(4 4SPMG]*SVQ&(4 DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D Policy No: 657040558; 657040561 Form No: CC68021A (02-2013) Endorsement Effective Date: 05/01/2020 © CNA All Rights Reserved. It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS DocuSign Envelope ID: C925A985-C65E-463E-A6B9-788BB271CC4D AMENDMENTN0.1TOEXTENDANDAMENDAGREEMENTFOR ENGINEERING PLANCHECKING SERVICES NVS, INC. This Amendment No. 1 is entered into and effective as of the JO+h,, day of T;. , 2019, extending and amending the agreement dated July 26, 2017 (the 7.X~ement") by and between the City of Carlsbad, a municipal corporation, ("City"), and NV5, Inc., ("Contractor") (collectively, the "Parties") for engineering plancheck services. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed three hundred thousand dollars ($300,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will 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, will include coverage for this Amendment. Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment 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 Amendment. NV 5, INC. a California corporation (sign here) Carmen Kasner / Regional Managing Director (print name/title) ATTEST: By: N[&,111/1 . ( s ignlieref MaryJo OBrien / CAO/Se'.<:c@AA~ City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A 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 City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE For addition to original Agreement Contractor Fee: Encroachment Agreement $250 City Attorney Approved Version 1 /30/13 3 CORPORATE AUTHORIZATION RESOLUTION I, MaryJo O'Brien, Corporate Secretary and Executive Vice President ofNVS, Inc. (The "Corporation") hereby certifies that: the Corporation is duly organized and existing under the laws of the State of California and the following is true, accurate and complete transcript of a resolution contained in the minute book of the Board ofDirectors of said Corporation duly held, at which meeting there was present and acting throughout a quorum authorized to transact business hereinafter described, and that the proceedings of said meeting were in accordance with the charter and by-laws of said Corporation and that said resolutions have not been amended or revoked and are in full force and effect: Resolved, that Carmen Kasner, PE, Regional Managing Director, be and is hereby authorized and empowered to sign any and all contracts and documents on behalf of said Corporation, and to take such steps, and do such other acts and things, as in his judgment may be necessary, appropriate or desirable in connection with any proposal submitted to, or any contract entered into with the City of Carlsbad. Resolved, that any and all transactions by and of the officers ofrepresentatives of the Corporation, in its name and for its account, with the City of Carlsbad, prior to the adoption of these resolutions be, and they are hereby, ratified and approved for all purposes. Witness my hand and seal of the Corporation this July I, 2019. Mary Jo O'Brien Corporate Secretary and Executive Vice President ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/14/2019 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~2~~~cT Certificate Deoartment Cavignac & Associates ~-~~NJn c-•· 619-744-0574 I FAX 450 8 Street, Suite 1800 /AJC Nol: 619-234-8601 San Diego CA 92101 i~lJ~ss: certificates@cavianac.com INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Valley Forge Insurance Company 20508 INSURED NV5INC0-01 INSURER B : Continental Casualty Co. 20443 NV5, Inc. INSURER C : National Fire Ins. Hartford 20478 15092 Avenue of Science, Suite 200 San Diego, CA 92128 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1869213327 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 /MM/DD/YYYYI tMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y 6057040530 5/1/2019 5/1/2020 EACH OCCURRENCE $1,000,000 ~ ~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence I $1,000,000 X Cross Liab MED EXP (Any one person) $15,000 2--$0 Deductible PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl POLICY 0 jrg, 0Loc PRODUCTS -COMP/OP AGG $2,000,000 OTHER: Stop Gao Liability $1.000,000 B AUTOMOBILE LIABILITY y 6057040575 5/1/2019 5/1/2020 ii:~~~~~~llNGLE LIMIT $ 1000000 X ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ ~ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS rPer accident\ $ ~ -$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ C WORKERS COMPENSATION VIIC6057040558 5/1/2019 5/1/2020 X I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~sc:~~tfr~ ()~OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Additional Insured coverage applies to General Liability and Automobile Liability for the City of Carlsbad, its officials, employees and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability and Auto Liability & Employers Liability (additional insured applies). If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Community Outreach & Engagement 1200 Carlsbad Village Drive AUTHORIZED REPRESENTATIVE Carlsbad CA 92008-1949 ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ~NA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations AS REQUIRED BY CONTRACT 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II -LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Insured Name: NVS GLOBAL, INC. Copyright CNA All Rights Reserved. Policy No: 6057040575 Endorsement No: Effective Date: os/01/2019 CNA 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 or 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 ip this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Page 1 of2 Insured Name: NV5 Global, Inc Policy No: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its penmission. ~NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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: NV5 Global, Inc. Policy No: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Policy No: 6057040530 Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named lnsured's ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. 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. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non-Contributory To Additional lnsured's Insurance 3. Additional Insured -Extended Coverage 4. Boats 5. Bodily Injury -Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability -Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury-Exception for Reasonable Force 11. General Aggregate Limits of Insurance -Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability-Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury -Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage -Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation-Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) Insurance Programs CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ~NA Architects, Engineers and Surveyors General Liability Extension Endorsement ADDITIONAL INSUREDS ""1. ~ a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Polic¥ Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ~NA Architects, Engineers and Surveyors General Liability Extension Endorsement Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. p Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA ~2. Architects, Engineers and Surveyors General Liability Extension Endorsement With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED -EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Polic¥ Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ~NA Architects, Engineers and Surveyors General Liability Extension Endorsement • Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work. 5. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Polic¥ Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY -RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 10. EXPECTED OR INTENDED INJURY -EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ~NA Architects, Engineers and Surveyors General Liability Extension Endorsement i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named lnsured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. • the Named lnsured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excesslnsurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named lnsured's co-venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named lnsured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY -DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1 ), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or control, while being used in the Named lnsured's operations away from any Named lnsured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1 )(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $ · or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C -Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENT ARY PAYMENTS -COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE -ELEVATORS A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (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 CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 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. If the endorsement EXCLUSION -CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnsured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1 )(c): This insurance is excess over: CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 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. CNA74858XX (1-15) Named Insured: NV5 Global, Inc. Policy Number: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES NV5, INC. THIS AGREEMENT is made and entered into as of the Ql()t!J day of ---"""-,~,,,._~+.c-------' 20J.2_, by and between the CITY OF CARLSBAD, a municipal ·t "), and NV 5 INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering consultant that is experienced in engineering plancheck services. B. Contractor has the necessary experience in providing professional services and advice related to engineering plancheck 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 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 2 additional 1 year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed six hundred thousand dollars ($600,000). 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 three hundred thousand dollars ($300,000) 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". City Attorney Approved Version 4/1/15 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 a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary-in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1 /15 2 Page 109 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 additipnal insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1 /15 3 Page 110 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jason Geldert Title City Engineer Community and Department Economic Development City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2758 For Contractor Name Carmen Kasner Title Regional Chief Executive Address 15092 Avenue of Science, Ste 200 San Diego, CA 92128 Phone No. 858-385-0500 Email Carmen.kasner@nv5.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 four categories. City Attorney Approved Version 4/1 /15 4 Page 111 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a dE!termination 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 City Attorney Approved Version 4/1 /15 5 Page 112 Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in·this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 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. City Attorney Approved Version 4/1 /15 6 Page 113 NVS INC., a California corporation ' ( i he e) \ CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor BydlJw(}vvi . MM'?S D 0~1 C a---R.POR/t ""'E-~ S~ (print name/title) By ~w (7~~£·7!L~~~n (sign here) BARBARA ENGLESON {) ~ ~~ ~A+JOkL Cw l~T\')(tlt)l'lt-.-City Clerk (print nah1e/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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 City Attorney Approved Version 4/1 /15 7 EXHIBIT "A" SCOPE OF SERVICES 1. CONTRACTOR'S OBLIGATIONS The contractor shall provide qualified professional engineering and land surveying plancheck services in accordance with the "Project Engineer's Manual", latest edition, as published by the city "City of Carlsbad Engineering Standards" and shall provide all facilities, equipment, and standard engineering reference materials necessary to perform as required herein. The City of Carlsbad uses Tyler Technologies' Energov solution for land management, business licenses and code compliance. The contractor will be provided appropriate licensing for Energov and shall enter planchecking and inspection information in EnerGov. The ultimate goal of the project is to implement and contractor to participate in digital planchecking. When the city moves to digital plan review period, contractor is required to provide their own Adobe Acrobat or Bluebeam software license(s) to carry out the review in accordance with city procedures. Contractor shall perform the following work for each project (as applicable): A. CHECKING IMPROVEMENT PLANS: 1. Review submittal for completeness. 2. Examine record plans, tour the site in the field, and become familiar with general concept as proposed by the project applicant for access, drainage, sewer and water facilities to the site relative to compatibility with existing conditions. 3. Ensure plans include reference drawing numbers indicating historical information when existing surface or utility facilities were constructed (street, water, sewer, storm drain, etc.). Ensure all reference drawings are listed on title sheets. Review reference drawings to check validity and general accuracy (size, type, alignment, appurtenances, etc.) of existing utilities shown on drawings. 4. Determine if the plans are in conformance with the applicable conditions of approval and the ap.proved tentative map or site plan. 5. Determine if the general format for the plan is in conformance with City of Carlsbad requirements, or modifications thereof. 6. Determine if the plans are in compliance with the latest local, state and federal accessibility requirements. A CASp Certified reviewer shall be available as determined by the city. 7. Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance with the City standards, or modifications thereof. 8. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. If so, ensure project mitigates such diversions, concentrations, or increases in drainage flow. Check for adequate capacity of inlets, curbs, brow ditches and down drains. 9. Determine requirements for easements necessary to encompass, access, and maintain the facility and whether they have been obtained before plan approval. City Attorney Approved Version 4/1 /15 8 Page 115 10. Determine if any work is proposed that requires a temporary construction or slope easement necessary to construct the ii:nprovements. Easements must be obtained prior to plan approval. 11. Check adequacy and availability of sewer and water services and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. All agency approvals must be obtained prior to City approval. 12. Check sight distances, horizontal radius, and vertical curves on streets. Coordinate sight distance requirements with landscape plans. 13. Determine that the plans, as submitted, are in conformance with the latest version of the Carlsbad Municipal Code, the City of Carlsbad Engineering Standards, Carlsbad Municipal Water District Standards, and other applicable standards used by the city. 14. Determine if the plans meet overall technical conformance and adherence to good design practice. 15. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Engineering St~ndards, and other applicable codes and standards used by the city and in coordination with the city traffic division. 16. Determine that traffic signals, intersection control, detour, phasing, and all other sequence plans are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, and other applicable codes and standards used by the city. 17. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans. The city may elect to check the grading plan and final map or include these planchecks within the contractor's responsibilities. 18. Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the city. 19. Determine the accuracy of the quantity calculations, list of quantities, and contingencies between the engineer's cost estimate and the plans relative to current city-adopted unit prices. 20. Provide the city with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable city codes, standards, discretionary approvals and written policies, that they are consistent with any grading plans, final map and any other adjacent project-related improvement documents filed at the city. 21. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bills with appropriate transmittal information. Submit all plancheck related documents to the city for the project file. 22. Review project against latest State Storm and Local Water Quality Regulations and ensure project is incorporating post-development Best Management Practices (BMP) measures to verify that pollutants of concern are identified and that treatment BMP's meet numeric sizing criteria pursuant to Order 2013-0001, or latest version and the City's BMP Design Manual, latest version. Review and require project Storm Water Quality Management Plans (SWQMP), when required per Order 2013-0001 or the City's Storm Water Standards Questionnaire (E-35 form). City Attorney Approved Version 4/1 /15 9 Page 116 23. Ensure appropriate Storm Water Pollution Prevention Plans (SWPPP's) are submitted in accordance with City Stormwater Standards (i.e.: Tier 1, Tier 2, Tier 3). Ensure Tier 3 SWPPP's satisfy State Regional Water Quality Control Board regulations, latest version. Ensure that project SWPPP's identify the construction BMP's to be implemented during the course of the project. Utilize checklists, prepared by the California Regional Water Quality Control Board or CASQA templates to verify content and organization of SWPPP's. 24. Review Homeowner/Property Owner Association's Covenants, Conditions, & Restrictions for appropriate clauses that cover maintenance of applicable private improvements and any other conditions of approval. 25. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos to city's project engineer. 26. During the submittal of the first plancheck comments, meet with city's project engineer. Submit plancheck, photos, checklist, and a project report. The city's project engineer may waive the meeting on small planchecks. 27. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a NIA as "not applicable." 28. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. B. CHECKING GRADING AND EROSION CONTROL PLANS: 1. Review submittals for completeness. 2. Examine record plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant relative to compatibility with existing conditions. 3. Ensure grading plans include reference drawing numbers indicating historical information when existing grading, surface improvements, and/or underground utilities were constructed. Ensure all reference drawings are listed on title sheets. Review reference drawings to check validity and general accuracy of existing information shown on drawings. 4. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. 5. Determine if the plans meet overall technical conformance and adherence to good design practice. 6. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 7. Compare the grading plan with the recommendations in the soils report provided and check that the specifications and details in the soils report are included in the plans. Make recommendations on necessity for additional soils review and review any such additional soils reports that are submitted. 8. Compare the grading plan with the grading shown on any and all discretionary approvals and the conditions thereto applied by the appropriate city body. City Attorney Approved Version 4/1 /15 10 Page 117 9. Compare the grading plan with the improvement plans for the project. 10. Compare the grading plan with the approved environmental information. 11. Check for the following technical items: a. Setback from property line; b. Identification of property and easement lines; c. Amounts noted for excavation, fill, import, export, remedial (cubic yards); d. Cut slope and fill slope inclination ratios; e. Existing contours; f. Final grades shown by contours and spot elevations; g. Location of cut and placement of fill (cut-fill transitions), daylight and limit lines shown on the plan); h. Typical lot drainage; i. Typical berm or swale at the top of the fill or slope; j. Typical brow ditch; k. Terrace drains; I. Percent of grade of streets and driveway, length of vertical curves; and m. Horizontal and vertical site distance cross-checked with improvement plans; n. Verify compliance with city ordinances, standards, policies and resolutions that apply to the subject plans. o. Good engineering practice. p. Permanent post-construction site design, source control and treatment control BMP's have been proposed and are consistent with the approved SWMP, if applicable. q. Review project for compliance with California's statewide General National Pollution Discharge Elimination System (NPDES) Permit for Storm Water Discharges Associated with Construction Activities. If applicable, ensure that a Notice of Intent has been filed with Regional Water Quality Control Board and that a response letter with an assigned Waste Discharge Identification (WDID) Number has been assigned, is current and that the WDID number is included on the grading plan title sheet. 12. Check hydrology and hydraulic calculations, and the design of the drainage system for conformance with city standards, or modifications thereof. 13. Determine any diversion, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. Check for adequate capacity of inlets, curbs, brow ditches, and down drains. 14. Check for non-erosive velocities at point of discharge or adequate energy dissipation. 15. Review erosion control plans and check for conformance with the SWPPP, California BMP Handbook, Municipal Code, and California Regional Board requirements. 16. Check landscape plans for conformance to the grading plans and for conformance with intersection sight corridors and corner cut-offs. Verify large trees are not proposed over proposed public facilities. 17. Provide the city with a completed checklist and a written certification that the plans and reports are complete and technically correct, and are in conformance with applicable city codes, standards, and written policies and that they are consistent City Attorney Approved Version 4/1 /15 11 Page 118 with any improvement plans, final map, and other adjacent project-related improvement documents furnished by the city. 18. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bill with appropriate transmittal information. Submit all plan check related documents to the city for the project file. 19. Review project against latest State Storm and Local Water Quality Regulations and ensure project is incorporating post-development Best Management Practices (BMP) measures to verify that pollutants of concern are identified and that treatment BMP's meet numeric sizing criteria pursuant to Order 2013-0001, or latest version and the City's BMP Design Manual, latest version. Review and require project Storm Water Quality Management Plans (SWQMP), when required per Order 2013-0001 or the City's Storm Water Standards Questionnaire (E-35 form). 20. Review Storm Water Pollution Prevention Plans (SWPPP's), when required per State Regional Water Quality Control Board regulations, latest version. Ensure that project's SWPPP identify the construction BMPs to be implemented during the course of the project. Utilize checklists, prepared by the California Regional Water Quality Control Board, to verify content and organization of SWPPP's. 21. Determine the accuracy of the quantity calculations, the list of quantities, and the engineer's cost estimate relative to current adopted unit prices. 22. Review Homeowner's/Property Owner's Association CC&R's for appropriate clauses that cover maintenance of applicable private improvements and permanent post-construction BMP's. 23. Review HOA/POA CC&R's for appropriate clauses that cover maintenance of applicable private/shared improvements. 24. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 25. During the submittal of the first plancheck comments, meet with city's project engineer at the city. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 26. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the contractor planchecker is to initial the item and place a N/A as "not applicable." 27. The plan checker is to coordinate with the appropriate city department regarding issues relevant to that particular department. 28. Review retaining walls, verify correct regional standard drawing is called out and all parameters are appropriate. For non-standard walls, review input and output parameters on structural calculations for conformance to soils report, site conditions, and city standards. C. CHECKING FINAL MAPS AND PARCEL MAPS 1. Review submittal for completeness. 2. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map or tentative parcel map. City Attorney Approved Version 4/1/15 12 Page 119 3. Review all reference maps or recorded documents provided with map submittal to ensure the general accuracy of record information is shown on the map. Request copies of any record maps or documents (eg: easements, vacations, etc.) not provided and review with subsequent submittal. 4. Check that the format is in compliance with the City of Carlsbad Municipal Code Title 20, and County Map Processing Manual, latest version, and the city final map title sheet template. 5. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on the map, the legal description conforms to the map, and all parties required to sign the map have done so. 6. Check traverse closure for lots, blocks, boundaries and easements for acceptable closure. 7. Check all easements to which the lots are subject, including use and reference if already of record. 8. Check legal descriptions and plats for any off-site easements; check ownership against title reports, and prepare deed in conformance with city format. 9. Determine that the title sheet and/or Procedure of Survey sheet includes basis of bearings (NAO 83 ties), number of lots, acreage of the subdivision, soils report note, and monumentation notes. 10. Determine that the following certificates and acknowledgments appear on the title sheet: a. Owner's Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedication; b. Engineer's or Surveyor's Statement; c. City Engineer's Statement of Approval; d. City Clerk's Certificate of Approval by City Council and Acceptance of Offer of Dedication; and e. Such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as required by the Subdivision Map Act and the Carlsbad Municipal Code. f. Signature omission statement 11. Determine that map is in conformance with provisions of Land Surveyor's Act, the Subdivision Map Act, applicable California Civil Code, and any and all discretionary approvals and the conditions thereto applied by the appropriate city body. Professional Land Surveyor of responsible charge of the map review shall sign and stamp the map attesting that the map is technically correct in accordance with the Subdivision Map Act, latest edition. 12. Provide the city with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable city codes, standards, and written policies; that it is consistent with any improvement plans, grading plans, and any other adjacent project-related improvement documents furnished by the city. 13. Provide, upon request, technical information for letters, agreements, securities, easement documents, and agenda bills. Submit all plancheck related documents to the city for the project file. 14. Check that the basis of bearings for the survey is in NAO 83 coordinates pursuant to the City of Carlsbad Digital Submittal Requirements and County Map Processing Manual. City Attorney Approved Version 4/1 /15 13 Page 120 15. Verify signature authorization against the title sheet of map to verify the signature(s) listed are authorized to bind the company or entity of the owner. 16. Ensure that proper signature authority is provided for fee title interests. 17. Prior to submitting the first plan check comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 18. During the submittal of the first plancheck comments, meet with city's project engineer at the city. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 19. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The check list is to be developed by the contractor plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 20. The contractor planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. D. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS 1. Review the submittals for completeness. 2. Examine record plans, tour the site in the field (as necessary), and become familiar with the general concepts as proposed by the project applicant for water, sewer, and reclaimed water facilities for the site. 3. Determine that the water improvement plans are in conformance with the Carlsbad Municipal Water District's (CMWD's) checklist, the standards for the design and construction of water, sewer, and reclaimed water facilities, and applicable codes. 4. Determine that the plans are in compliance with the conditions of approval, water, sewer and reclaimed water master plans, or other agreements as may apply. 5. Determine requirements for on-site and off-site water and sewer easements and whether they have been obtained/dedicated. 6. Check existing and proposed CMWD easements, to include closure of the traverse, plats, and legal descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with a current title report for further processing. 7. Determine that the water improvement plans are in conformance with the grading plans and final map, if applicable to the project. 8. Determine the accuracy of the quantity calculations, the list of quantities and the engineer's cost estimate relative to current adopted unit prices. 9. Check the water improvement plans for overall technical conformance and adherence to good design practice. 10. Review plan check submittals with city staff to discuss significant review comments and/or unresolved issues. 11. Review public potable water distribution and transmission mains, laterals, booster pump stations, and pressure reducing stations designs against Carlsbad Municipal Water District Standards, latest edition or revision thereof. Among other actions, but at minimum, contractor shall review point-of-connection, pipe layout, hydraulic grade line, pressure design, pipe material, critical bends, valves layout, meters, thrust blocks, stationing, cross-connects with recycled water, hydrant locations, blow-off City Attorney Approved Version 4/1 /15 14 Page 121 and manual air release locations, automatic air release locations, depth of pipe, vertical conflicts, easements, accessibility, offset from curb, pressure at each lot, meter sizing, meter location, and fire services. Contractor shall coordinate with city for special design considerations. 12. Review public sewer lines and pump station designs against Carlsbad Municipal Water District Standards, latest edition or revision thereof. Among other actions, Contractor shall review point-of-connection, sewer alignment, cleanout locations, access hole placement, depth of sewer, gravity flow, easements, accessibility, sewer laterals, invert elevations, vertical conflicts, and sewer lateral tables. Contractor shall coordinate with city for special design considerations. 13. If applicable, review Homeowner's/Property owner's Association CC&R's for appropriate clauses that cover maintenance of applicable private improvements and permanent post-construction BMP's. 14. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 15. During the submittal of the first plancheck comments, meet with city's project engineer. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern .. 16. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 17. The plan checker is to coordinate with the appropriate city department regarding issues relevant to that particular department. E. STORM WATER STANDARDS QUESTIONNAIRE REVIEW TO DETERMINE APPLICABLE STORM WATER STANDARDS. F. STORM WATER MANAGEMENT PLAN (SWQMP)/WATER POLLUTION CONTROL PLAN (WPCP) REVIEWS 1. Review SWQMP and WPCP for compliance with the City of Carlsbad BMP Design Manual (Volume 5 of the Carlsbad Engineering Standards). 2. Review existing, anticipated and potential pollutants of concern associated with the development for conformance with in-situ conditions. 3. Review hydrologic unit, sub unit and water body nomenclature and current EPA Section 303( d) list for impaired water bodies status. 4. Verify applicable stormwater standards to review individual priority project categories applicable to priority projects. Verify compliance with required site design, source control, low impact development (LID), treatment control BMPs, and hydromodification BMP's. 5. Review adequacy of recommended source control, site design and treatment control Best Management Practices (BM P's) for applicability to the existing, anticipated, and potential pollutants relative to removal efficiencies and impacts to applicable 303(d) listed waters. City Attorney Approved Version 4/1 /15 15 Page 122 6. Review adequacy of Low Impact Development design features incorporated into the project as mitigating measures for impacts to storm water quality due to increased volume flow rates, velocities and durations. 7. Revise applicability of hydromodification requirements as they apply to development projects. Ensure adequate hydromodification controls are incorporated into the project as required by the SUSMP. 8. Ensure that all approved post-construction permanent treatment controls BMP and hydromodification facility information is included on the title sheet of the grading plans in standard format. 9. Verify whether flow-based or volume-based numeric sizing requirements are met relative to the proposed design and treatment control BMP(s}. 10. Evaluate the rationalization and justification of selected treatment control BMPs relative to other available and more effective BMPs. 11. Review the operation and maintenance procedures for all proposed Low Impact Design (LID), source control and treatment control BMP's and ensure that all maintenance practices, methods, frequencies and respective responsibilities are well defined through appropriate narrative and details. 12. For PDP projects, cause the preparation of standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement that ensures perpetual maintenance of the BMP's associated with the project. G. OTHER PLANCHECKING SERVICES Contractor may occasionally be requested to perform planchecking services for projects other than improvements or grading plans or final maps. The work may include plan check of Adjustment Plats, Certificates of Compliance, Reversion to Acreage, Dedication/Quitclaim of Easements, Street Vacations, or other projects. H. MONTHLY MEETINGS The contractor is to attend monthly plancheck meetings. The meetings will be attended by city staff and other contractors (plancheckers). Issues such as policies, procedures, regulations, standards, and updates will be presented or discussed. The frequency of the meetings may be reduced over time. I. OTHER SERVICES Contractor may occasionally be requested to perform other engineering services including studies, reports, cost estimates, etc. A specific scope of work will be prepared by city for such work which will be done by contractor for an agreed upon not-to-exceed fee unless otherwise agreed to in writing and approved by the city engineer. 2. CITY OBLIGATIONS A. Upon initial receipt of a request for plancheck, the city shall perform a preliminary review of the plans to ensure that complete plan packages per the applicable city submittal checklist are submitted before forwarding them to the contractor. B. Prior or concurrent with forwarding of the plans to the contractor, city staff shall route to each affected department or agency, a complete set of plans and include the following as a minimum: copy of conforming tentative map or other discretionary approval, copies of all applicable resolutions s,howing the conditions of approval, cost estimate, associated studies, corrected plans and previous checkprints (during resubmittal). Upon receipt of City Attorney Approved Version 4/1 /15 16 Page 123 comments from affected departments or agency, city staff shall transmit the comments to the contractor. C. City shall provide the contractor with the following documents: 1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion Control" of the Carlsbad Municipal Code, and all revisions as they are adopted. (available online) 2. A copy of the latest edition of the "City of Carlsbad Standards" (available online) 3. A copy of the latest City of Carlsbad Final Map Title Sheet Template. 4. A copy of any other written policies, standards, or criteria adopted or used by city applicable to contractor's planchecking services as described above. D. In addition to prints of the plans to be checked, the city will furnish to the contractor the following; 1. A print of the grading plan, improvement plan, and proposed final map of the project, if applicable. 2. A print of any adjacent improvement plans. (available online) 3. A copy of the conforming tentative map and tentative map conditions and/or any other applicable discretionary approval. E. Collect the necessary fees, securities and deposits required for the project from the applicant. F. Provide contractor with access, use of city project files, data printouts, and conference rooms as appropriate. G. Nothing in this agreement shall be construed to obligate city to provide any work to the contractor. city reserves the right, at its sole discretion, to assign plans for checking to Contractor, to perform planchecks with its own forces, or to assign plans for checking to another consulting firm. H. Before improvement plans are assigned to contractor, city shall review the cost estimate, as prepared by the Engineer-of-Work, and verify the "cost basis" (Basis) for contractor fees. Any items included in the cost estimate that the city decides the contractor should not review can be removed from the Basis at the discretion of the city. City shall add remarks on the plan check assignment sheet informing Contractor not to review specific portions of the improvement plan. City will reduce the contractor fees accordingly. 3. PROGRESS AND COMPLETION Contractor shall complete planchecks according to the following schedule: A. First plancheck: complete and return to city within fifteen (15) working days of notice to pick up. B. Second and third planchecks: complete and return to city within ten (10) working days of notice to pick up. C. Mylar: complete and return to city within five (5) working days of notice to pick up. D. Construction revisions to grading or improvement plans: complete and return to city within three (3) working days of notice to pick up. Failure to meet the stipulated return times shall result in a 5% reduction in the payments due for that particular plancheck turnaround, resulting in an equal cost reduction in the fee City Attorney Approved Version 4/1 /15 17 Page 124 due under Exhibit "A" for the total plancheck. [Example: First plancheck turnaround late fee= (TOTAL FEE x 40%) x 95%]. Penalty would not be recovered at end of plancheck. City Attorney Approved Version 4/1 /15 18 Page 125 4. FEES TO BE PAID TO CONTRACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit "1", Schedule of Fees, except as otherwise provided for in Section 3. Fee shall become payable according to the following schedule: First plancheck completed Second plancheck completed Third plancheck completed Plan or map approval and submittal of written certification of plancheck 40% of total fee 25% of total fee 20% of total fee 15%* of total fee * Actual amount may be adjusted so that 100% of total fee based on city-approved quantities or cost estimates (or reductions to the estimate imposed by city) is paid. City may reduce the final cost estimate used for final payment, if the estimate includes items not plan checked by contractor. 5. PAYMENT OF FEES Each month, contractor shall submit his/her invoice for work performed during the prior month. Payment of approved items on the invoice shall be mailed to the contractor within thirty (30) days after receipt of invoice. 6. FINAL SUBMISSIONS Concurrent with certification and approval of the final plancheck, the contractor shall deliver to the city the following items: A. Completed checklists for city file. B. Copies of the approved technical documents for city files including, but not limited to final map, grading plans, improvement plans, plats, legal descriptions, traverse calculations, Covenants, Conditions, & Restrictions (CC&R's), cost estimates, title reports, hydrology/hydraulic studies, Storm Water Management Plans, Storm Water Pollution Prevention Plans, soils reports, geotechnical reports, slope stability analysis, letter of permission for offsite work, non-interference letters, etc. that were reviewed and approved as part of the project. C. Certification of department approvals (e.g.: Planning, Transportation, Utilities, Maintenance & Operations, Parks-medians, Parks-Trails, etc. City Attorney Approved Version 4/1 /15 19 Page 126 Attachment "D" SCHEDULE OF FEES For plancheck of: 1. IMPROVEMENT PLANS Estimated Cost of Improvements Contractor Fee Up to $20,000 5.0% $500 minimum $20,001 to $50,000 4.0% $1,729 minimum $50,001 to $100,000 3.0% $2,863 minimum $100,001 to $250,000 2.5% $4,088 minimum $250,001 to $500,000 2.0% $8,346 minimum $500,001 to $1,000,000 1.5% $14,304 minimum $1,000,001 and above .75% $22,141 minimum 2. GRADING PLANS Amount Fee 101 Cubic Yards or Less $350 101 to 1,000 Cubic Yards $615 for the first 100 cubic yards plus $70 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 Cubic Yards $1,840 for the first 1,000 cubic yards plus $70 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 Cubic Yards $2,895 for the first 10,000 cubic yards plus $120 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 Cubic Yards $4,416 for the first 100,000 cubic yards plus $140 for each additional $10,000 cubic yards or fraction thereof. 200,001 Cubic Yards or More $7,084 for the first 200,000 cubic yards plus $70 for each additional 100,000 cubic yards or fraction thereof. City Attorney Approved Version 4/1 /15 20 Page 127 Contractor Fee 3. Final Map 4. Parcel Map 5. Adjustment Plat 6. Certificate of Correction 7. Dedication of Easement 8. Street Vacation (Summary) 9. Street Vacation (Regular) 10. Quitclaim of Easement 11. Construction Change (minor) 12. Construction Change (major) 13. Certificate of Compliance (in lieu of parcel map) 14. Certificate of Compliance 15. Storm Water Pollution Prevention Plan (Tier2) 16. Storm Water Pollution Prevention Plan (Tier3) 17. Storm Water Quality Management Plan (SWQMP) 18. Non-Standard Retaining Walls AMOUNT (Engineer's Estimate) 0 -$50,000 $50,001 -$250,000 $250,000+ $3,820 plus $5/acre $2,088 $800 $505 $405 $824 $824 $426 $302 plus $93/sheet $426 plus $147/sheet $1,707 $600 $200 Plus $45 each acre over $4001 1 acre plus $70 each acre over $2752 .5 acres FEE $250 $300 plus 0.25% of estimate 0.25% of estimate $1,200 minimum 1 This is the base plan check fee amount for 1s1 1-acre of disturbance. 2 This is the base plan check fee amount for 1st Yz acre of disturbance. City Attorney Approved Version 4/1 /15 21 Page 128 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/15/2017 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 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 Certificate Department NAME: Cavignac & Associates P'"!QN.t ~-~•-619-7 44-05 7 4 I Ff,~ Mn\• 619-234-8601 450 B Street, Suite 1800 ~~~A~~~~-certificates@cavignac.com San Diego CA 92101 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Liberty Insurance Corporation 42404 INSURED NV5INC0-01 INsuRER B ,Travelers Property & Casualty Com pa 25674 NV5, Inc. 1NSURERc:Berklev Insurance Company 32603 15092 Avenue of Science, Suite 200 1NSURERD:The First Liberty Insurance Corpora 33588 San Diego, CA 92128 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1311708543 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AuuL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYY\ fMM/DD/YYYY\ B X COMMERCIAL GENERAL LIABILITY y 6809H706339 5/1/2017 5/1/2018 EACH OCCURRENCE $1,000,000 f--=i CLAIMS-MADE UU OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $1,000,000 X Cross Liab/Sevl n MED EXP (Any one person) $10,000 JS_ ~o Deductible PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 21 POLICY 0 jrg: ~ LOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER: Stop Gap Liability $1,000,000 A AUTOMOBILE LIABILITY AS7Z91462442027 5/1/2017 5/1/2018 c;uMBINED :,INc,LE LIMI 1 $1,000,000 (Ea accident\ - X ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ --$ A X UMBRELLA LIAB M OCCUR TH7Z91462442037 5/1/2017 5/1/2018 EACH OCCURRENCE $10,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 OED IX I RETENTION$ 0 $ D WORKERS COMPENSATION WC6Z91462442047 5/1/2017 5/1/2018 I PER I I OTH- AND EMPLOYERS" LIABILITY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional Liability AEC901463201 5/1/2017 5/1/2018 Each Claim $5,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: ID number. Additional Insured coverage applies to General Liability for City of Carlsbad per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE --- I ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD