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Home My WebLink AboutIDS Group Inc; 2021-11-30; PSA22-1671CAPSA22-1671CA City Attorney Approved Version 12/22/2023 Page 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 STRUCTURAL REVIEW OF EXISTING BUILDING AT 2561 EL CAMINO REAL PROJECT NO. 4714 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between IDS Group, Inc., a California corporation, (“Contractor”) and the City of Carlsbad, California, a municipal corporation, (“City”) dated Nov. 30, 2021, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering services in accordance with the City of Carlsbad Engineering Standards, 2022 Edition, the Standard Specifications for Public Works Construction, 2021 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated May 7, 2025 (“proposal”), attached as Appendix “A” for the Structural Review of Existing Building at 2561 El Camino Real (the “Project”). The Project services shall include review of building drawings, inspection of building structure and to write a report with recommendations. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 30, 2025. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, “Fee Allotment,” herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on working days. Appendix “A,” attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix “A.” Additional task groups, not shown in Table 1 or Appendix “A,” will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A,” then the Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B May 15, 2025 PSA22-1671CA City Attorney Approved Version 12/22/2023 Page 2 Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $9,800. 4. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. 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 as required in the City of Carlsbad Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Yes ☐ No ☒ Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B PSA22-1671CA City Attorney Approved Version 12/22/2023 Page 3 If yes, list the contact information below for all individuals required to file: Name Email Phone Number TABLE 1 FEE ALLOTMENT Scope of work: In accordance with IDS proposal dated May 7, 2025 (Appendix A), Consultant is to visit the site as needed to visually verify that existing framing is per the existing drawings; obtain information from city and with it, define loading criteria for fire trucks and lifts; model/develop structural calculations to check existing loading capacities at the four bays of interest, and develop a letter report outlining finding and the need for any retrofit work. TASK GROUP TIME & MATERIALS Structural Evaluation and report $9,800 TOTAL (Not-to-Exceed) $9,800 [signatures on following page] Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B PSA22-1671CA City Attorney Approved Version 12/22/2023 Page 4 CONTRACTOR IDS Group, Inc. IDS Group, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Said Hilmy, President Rami Elhassan, Chief Financial Officer (print name/title) (print name/title) Said.hilmy@idsgi.com rami.elhassan@idsgi.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ____________________________ Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B May 15, 2025 1 Peters Canyon Road, Suite 130 ▲ Irvine, CA 92606 12100 Wilshire Blvd., Suite 800 ▲ Los Angeles, CA 90025 336 Encinitas Blvd, Suite 110 ▲ Encinitas, CA 92024 980 Montecito Dr., Suite 205 ▲ Corona, CA 92879 625 Fair Oaks Ave., Suite 377 ▲ S Pasadena, CA 91030 Tel: 949.387.8500 ▲ Fax: 949.387.0800 fax ▲Website: www.idsgi.com May 7, 2025 Mr. Steven Stewart, CCM, Assoc. DBIA via email: Steven.Stewart@carlsbadca.gov Facilities Engineering Division Public Works, Fleet & Facilities Department 1635 Faraday, Carlsbad, CA 92008 Subject: Proposal for Structural Engineering Services Evaluation of Building Slab – Old Sears Bldg. at 2561 El Camino Real, Carlsbad Dear Steve: In response to your request, we are pleased to submit this professional engineering services proposal to provide structural engineering for the slab evaluation at the old Sears building. Project Understanding: We understand that the City desires to relocate their vehicle maintenance services to the vehicle maintenance building that is currently vacant and part of the Sears building at 2561 El Camino Real. While this alternate facility appears adequate in many respects, qualified confirmation is needed to know if the floor slabs can accommodate the weight of large vehicles (e.g., fire trucks) that may need to be serviced. Original SEARS building, shown hatched above PSA22-1671CA Task No. 2 Appendix "A" Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B ID ROUP Structural Engineering Design Proposal Evaluation of Building Slab – Old Sears Bldg. at 2561 El Camino Real, Carlsbad Page 2 Scope of Services, Deliverables and Schedules: Our scope of services will consist of performing structural engineering evaluation of the elevated structural slab of the existing maintenance bays at the subject building. The original 1978 elevated slabs have been originally designed to accommodate maintenance operation, but a review of the slabs is necessary to check their existing capacity to accommodate new stationery and mobile lifts, and City vehicles, including two-axle fire trucks with a design load of up to 45,000 lb. As shown below, the six-bay maintenance wing, numbered 1 to 6 from the west end, would need to be evaluated as follows: •Two adjacent bays (2 and 3) are to be evaluated for fire truck loading of 45,000 lb. in addition to the weight of mobile lifts. •Two additional bays (1 and 4) are to be evaluated for City trucks, one with fixed lift and the other for mobile lifts. The maximum vehicular weight of non-fire trucks will be discussed with the City. Our scope of work includes: 1.Visit the site as needed to visually verify that existing framing is per the existing drawings. 2.Obtain and define loading criteria for fire trucks and lifts (to be provided by the City) 3.Model/develop structural calculations to check existing loading capacities at the four bays per above 4.Develop a letter report outlining our findings, and the need for any retrofit (if needed, retrofit design is not included in this proposal but can be added as additional services) We can provide our assessment within 2 weeks from the date of the kick-off site visit and following the receipt of the loading criteria (truck/lifts). PSA22-1671CA Task No. 2 Appendix "A" (Cont.) Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B ·,l ••• .• ··~r;'. :i(·,>::~·:. ,~, ~~l:J~¥~~~1~~~~~~~~~~:.:J ;t~·----i,ir.z,:a,a=:::.:....:.... __ : :,., ~-· \:: :lr1~"? ., • -._ • •. •• , •' Ma . ...-.:. •1 ·~·: ' , ; EB,_:IYi;NG PLi'i'N '-'·P-AE:T llI . 1· : : ~ ... __ . __ ..:.,_ __ ~ -~---·-------- A A IDS GROUP Structural Engineering Design Proposal Evaluation of Building Slab – Old Sears Bldg. at 2561 El Camino Real, Carlsbad Page 3 Fee Proposal: Basic Services: We propose to provide our basic services listed above for a lump sum of fees of $9,800, per the below level-of-effort estimate: •Engineering: 40 hours (including a site visit and coordination meetings, structural calculations/assessments) •Letter assessment report and a presentation/discussion meeting: 10 hours ♦♦♦ Please don’t hesitate to call us at (949) 387-8500 if you require further information regarding this proposal. We appreciate the opportunity to provide our proposal and look forward to working with you on this project. Sincerely, IDS Group, Inc. Rami Elhassan, PhD, PE, SE Principal PSA22-1671CA Task No. 2 Appendix "A" (Cont.) Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B A A IDS GROUP Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sherrv Youna NAME: Risk Strate~·es Company PHONE 949-242-9237 I FAX 2040 Main treet, Suite 450 IA/C No Ext\: IA/C Nol: E-MAIL svouna@risk-strateaies.com Irvine, CA 92614 ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. 0F06675 INSURER A: Travelers Prooertv Casualtv Co of America 25674 INSURED INSURER B: Hartford Casualtv Insurance Comoanv 29424 IDS Grau~, Inc. INSURER c: Arch Insurance Comoanv 11150 1 Peters aneon Rd., Ste 130 Irvine CA 92 06 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 84898390 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. ADDL SUBR INSR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE , ...... .... , .. POLICY NUMBER IMMJDDNVVVl IMM/DDNVVVl LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ 6809H717919 5/1/2025 5/1/2026 EACH OCCURRENCE $2 000 000 -□ CLAIMS-MADE W OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $2 000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ 0 PRO-DLoc PRODUCTS -COMP/OP AGG $4 000 000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY BA7R248947 5/1/2025 5/1/2026 &~~~~~~~llNGLE LIMIT s 1,000,000 - _L ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY ~ AUTOS _L HIRED 1 NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY !Per accident\ $ A _L UMBRELLA LIAB HOCCUR CUP7K299343 5/1/2025 5/1/2026 EACH OCCURRENCE $9,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $9,000,000 DED I ✓ I RETENTION so $ B WORKERS COMPENSATION ✓ 72WEGAX2CTE 5/1/2025 5/1/2026 I PER I I OTH- AND EMPLOYERS' LIABILITY ✓ STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE s 1.oon nnn ~~ii~rtf::si~ ~nt~PERATIONS below E.L. DISEASE -POLICY LIMIT $1000000 C Professional Liability PAAEP0162701 11/12/2024 11/12/2025 Per Claim: $3,000,000 Aggregate: $3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to CITY-2021 Master Agreement for As Needed Mechanical/Plumbing Eng, PSA22-1620CA. City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy and a waiver of subrogation applies to the work comp policy-see attached endorsements. Umbrella Liability follows form to the general, auto and employer's liability policies. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR~EDREPRESENTATIVE RSC Insurance Brokerage © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 84898390 I 25-26 GL-AL-UL-WC, 24-25 PL I Sherry Young I 4/21/2025 9:30:37 AM (PDT) I Page 1 of 4 Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B Insured: IDS Group, Inc. Policy No. : 6809H717919 Effective Date: 5/1/2025 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office. Inc .. with its permission 84898390 I 25-26 GL-AL-UL-WC, 24-25 PL I Sherry Young I 4/21/2025 9:30:37 AM (PDT) I Page 2 of 4 Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office. Inc .. with its permission 84898390 I 25-26 GL-AL-UL-WC, 24-25 PL I Sherry Young I 4/21/2025 9:30:37 AM (PDT) I Page 3 of 4 Docusign Envelope ID: 9AF2085B-DD31-4FF4-9E9B-C2A8FE2A261B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEG AX2CTE Endorsement Number: Effective Date: 05/01/25 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: IDS Group, Inc. 1 PETERS CANYON RD STE 130 IRVINE CA 92606 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by --------------------Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 03/22/25 Policy Expiration Date: 05/01/26 84898390 I 25-26 GL-AL-UL-WC, 24-25 PL I Sherry Young I 4/21/2025 9: 30: 37 AM (PDT) I Page 4 of 4 PSA22-1671CA City Attorney Approved Version 12/28/2022 1 AMENDMENT NO. 1 TO EXTEND THE MASTER AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES IDS GROUP, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2024, extending the agreement dated November 30, 2021 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and IDS Group, Inc. (“Contractor"), a California corporation, (collectively, the “Parties”) for Structural Engineering Services. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year, until November 30, 2025. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year, until November 30, 2025. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. [signatures on following page] DocuSign Envelope ID: 85FF7E1F-EBC6-446E-A328-56094117D8CC 15th April PSA22-1671CA City Attorney Approved Version 12/28/2022 2 CONTRACTOR, IDS Group, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager Said Hilmy, President (print name/title) By: ATTEST: (sign here) for Sherry Freisinger, City Clerk Services Manager Rami Elhassan, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 85FF7E1F-EBC6-446E-A328-56094117D8CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/13/2023 Risk Strategies Company2040 Main Street, Suite 450Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 RSC Insurance Brokerage Risk Strategies Company syoung@risk-strategies.com IDS Group, Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 77167873 3 3 City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy Umbrella Liability follows form to the general, auto and employer's liability policies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 Projects as on file with the insured including but not limited to CITY-2021 Master Agreement for As Needed Mechanical/Plumbing Eng, PSA22-1620CA. and a waiver of subrogation applies to the work comp policy-see attached endorsements. 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000 9,000,000 9,000,000 1,000,000 1,000,000 1,000,000 $3,000,000Per Claim: $3,000,000Aggregate: A 6809H717919 5/1/2023 5/1/20243 3 3 B BA7R248947 5/1/2023 5/1/2024 3 3 3 A CUP7K299343 5/1/2023 5/1/202433 3 0 C 72WEGAX2CTE 5/1/2023 5/1/2024 3 D Professional Liability PAAEP0162700 11/12/2023 11/12/2024 Travelers Property Casualty Co of America 25674 Travelers Indemnity Co of Connecticut 25682 Hartford Casualty Insurance Company 29424 Arch Insurance Company 11150 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 1 of 4 DocuSign Envelope ID: 85FF7E1F-EBC6-446E-A328-56094117D8CC ACORD® I ~ I -□ □ - - ~ □ □ - -- -- -- -H I I I I I □ IDS Group, Inc. 6809H717919 5/1/2023 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 2 of 4 Insured: Policy No.: Effective Date: DocuSign Envelope ID: 85FF7E1F-EBC6-446E-A328-56094117D8CC COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. Th is insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. Th is insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". Th is endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insu rance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provid ed to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 3 of 4 DocuSign Envelope ID: 85FF7E1F-EBC6-446E-A328-56094117D8CC COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:05/01/23 Policy Expiration Date:05/01/24 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG AX2CTE Endorsement Number: Effective Date:05/01/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:IDS Group, Inc. 1 PETERS CANYON RD STE 130 IRVINE CA 92606 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 4 of 4 DocuSign Envelope ID: 85FF7E1F-EBC6-446E-A328-56094117D8CC ? City Attorney Approved Version 2/27/2023 Public Works Contract Administration 1635 Faraday Avenue  Carlsbad, CA 92008 December 28, 2023 Said Hilmy, President IDS Group, Inc. 1 Peters Canyon Rd., Ste. 130 Irvine, CA 92606 Reference: Time Extension for PSA22-1671CA Task No. 1 - Structural Peer Review for Beach Access Repairs Dear Mr. Hilmy, The City of Carlsbad (City) is issuing a time only extension through November 30, 2024, to complete work under Task No. 1 for PSA22-1671CA. Please sign below indicating that the City and the Contractor are in acknowledgement and agreement to extend this Task order. All other provisions and requirements of the Agreement will remain in full force and effect. Sincerely, Graham Jordan Contract Administrator City of Carlsbad Contractor Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Said Hilmy, President APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: ____________________________ Deputy City Attorney DocuSign Envelope ID: A430DC5E-D560-44FD-8B85-16DB291BF74D {city of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/13/2023 Risk Strategies Company2040 Main Street, Suite 450Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 RSC Insurance Brokerage Risk Strategies Company syoung@risk-strategies.com IDS Group, Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 77167873 3 3 City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy Umbrella Liability follows form to the general, auto and employer's liability policies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 Projects as on file with the insured including but not limited to CITY-2021 Master Agreement for As Needed Mechanical/Plumbing Eng, PSA22-1620CA. and a waiver of subrogation applies to the work comp policy-see attached endorsements. 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000 9,000,000 9,000,000 1,000,000 1,000,000 1,000,000 $3,000,000Per Claim: $3,000,000Aggregate: A 6809H717919 5/1/2023 5/1/20243 3 3 B BA7R248947 5/1/2023 5/1/2024 3 3 3 A CUP7K299343 5/1/2023 5/1/202433 3 0 C 72WEGAX2CTE 5/1/2023 5/1/2024 3 D Professional Liability PAAEP0162700 11/12/2023 11/12/2024 Travelers Property Casualty Co of America 25674 Travelers Indemnity Co of Connecticut 25682 Hartford Casualty Insurance Company 29424 Arch Insurance Company 11150 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 1 of 4 DocuSign Envelope ID: A430DC5E-D560-44FD-8B85-16DB291BF74D ACORD® I ~ I -□ □ - - ~ □ □ - -- -- -- -H I I I I I □ IDS Group, Inc. 6809H717919 5/1/2023 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 2 of 4 Insured: Policy No.: Effective Date: DocuSign Envelope ID: A430DC5E-D560-44FD-8B85-16DB291BF74D COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. Th is insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. Th is insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". Th is endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insu rance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provid ed to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 3 of 4 DocuSign Envelope ID: A430DC5E-D560-44FD-8B85-16DB291BF74D COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:05/01/23 Policy Expiration Date:05/01/24 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG AX2CTE Endorsement Number: Effective Date:05/01/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:IDS Group, Inc. 1 PETERS CANYON RD STE 130 IRVINE CA 92606 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us 77167873 | 23-24 GL-AL-UL-WC-PL | Sherry Young | 11/13/2023 5:32:32 AM (PST) | Page 4 of 4 DocuSign Envelope ID: A430DC5E-D560-44FD-8B85-16DB291BF74D ? PSA22-1671CA City Attorney Approved Version 6/30/2023 Page 1 of 6 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. CIP 3896 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between IDS Group, Inc., a California corporation ("Contractor") and the City of Carlsbad, California, ("City") dated November 30, 2021 (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Peer Review Services in accordance with the City of Carlsbad Engineering Standards, 2022 Edition, the Standard Specifications for Public Works Construction, 2021 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated June 6, 2023 (“proposal”), attached as Appendix "A" for the Structural Peer Review For Beach Access Repairs (the “Project"). The Project services shall include Provide structural engineering peer review for the Beach Access Repairs project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred and twenty (120) working days thereafter. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1 "Fee Allotment" herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $12,240. DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A August 10, 2023 PSA22-1671CA City Attorney Approved Version 6/30/2023 Page 2 of 6 4. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ TABLE 1 FEE ALLOTMENT STRUCTURAL PEER REVIEW TASK GROUP TIME & MATERIALS Structural Engineering Peer Review $12,240 TOTAL (Not-to-Exceed) $12,240 DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A PSA22-1671CA City Attorney Approved Version 6/30/2023 Page 3 of 6 CONTRACTOR IDS Group, Inc. IDS Group, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Said Hilmy, President Rami Elhassan, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A August 10, 2023 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A 1 Peters Canyon Road, Suite 130 ▲ Irvine, CA 92606 11845 W. Olympic Boulevard, Suite 515 ▲ Los Angeles, CA 90064 9636 Tierra Grande, Suite 200 ▲ San Diego, CA 92126 Tel: 949.387.8500 ▲ Fax: 949.387.0800 fax ▲Website: www.idsgi.com June 6, 2023 Ms. Lauren Ferrell, PE, QSD/P Via email: lauren.ferrell@carlsbadca.gov Associate Engineer Public Works – Transportation Engineering City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Proposal for Peer Review Services CARLSBAD BLVD BEACH ACCESS REPAIR PROJECT Master Agreement for Professional Structural Engineering Services PSA22- 1671CA, Dated November 30, 2021 Dear Lauren: In response to your request, we are pleased to submit this professional engineering services proposal to provide peer and/or constructability reviews for the design of Carlsbad Blvd Beach Access Repair Project. Project Understanding: The subject project consists of widening and repair of the deteriorated upper sidewalk and access ramps and the replacement of five beach access stairs along Carlsbad Blvd between Pine and Tamarack Avenues. The project is currently under design and expected to have over 95 sheets Construction Documents, project specifications and structural engineering calculations. Scope of Services, Deliverables and Schedules: Our scope of services includes performing structural engineering peer review as well as one or more of the review options. Structural Engineering Peer Review: IDS will perform structural engineering peer/plan review of the 90% Construction Documents drawings and specifications, including review of structural calculations. The review will include plans and specifications as appropriate to identify errors, omissions, discrepancies and ambiguities in the structural engineering design. We will use Bluebeam Studio to perform our review, and will provide marked-up drawings and list of comments at the conclusion of review. PSA22-1671CA - Task No. 1 Appendix "A" Page 5 of 6 DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A ROUP Peer & Constructability Review Proposal CARLSBAD BLVD BEACH ACCESS REPAIR PROJECT Page 2 We anticipate an initial review and one backcheck. Our work will encompass the following: • Review of 90% CD submittal, and issue comments • Be available for Teams/Zoom meetings with the design team during the comment response period. • Complete a backcheck of the design team’s response to the review comments. Fee Proposal: We proposal to provide our services listed above for a lump sum of $12,240 (twelve thousand two hundred forty dollars) as follows: Structural Engineering Peer/Plan Review (72 hours x $170/hour of Senior Structural Engineer): $12,240 ♦♦♦ Please don’t hesitate to call us at (949) 387-8500 if you require further information regarding this proposal. We appreciate the opportunity to provide our proposal and look forward to working with you on this project. Sincerely, IDS Group, Inc. Rami Elhassan, PhD, PE, SE Principal PSA22-1671CA - Task No. 1 Appendix "A" (Cont.) Page 6 of 6 DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A AA IDS GROUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 5/1/2023 Risk Strategies Company2040 Main Street, Suite 450Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 RSC Insurance Brokerage Risk Strategies Company syoung@risk-strategies.com IDS Group, Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 74138251 3 3 City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy Umbrella Liability follows form to the general, auto and employer's liability policies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 Projects as on file with the insured including but not limited to CITY-2021 Master Agreement for As Needed Mechanical/Plumbing Eng, PSA22-1620CA. and a waiver of subrogation applies to the work comp policy-see attached endorsements. 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000 9,000,000 9,000,000 1,000,000 1,000,000 1,000,000 $3,000,000Per Claim: $3,000,000Aggregate: A 6809H717919 5/1/2023 5/1/20243 3 3 B BA7R248947 5/1/2023 5/1/2024 3 3 3 A CUP7K299343 5/1/2023 5/1/202433 3 0 C 72WEGAX2CTE 5/1/2023 5/1/2024 3 D Professional Liability 107008332 11/12/2022 11/12/2023 Travelers Property Casualty Co of America 25674 Travelers Indemnity Co of Connecticut 25682 Hartford Casualty Insurance Company 29424 Travelers Casualty and Surety Co of America 31194 74138251 | 23-24 GL-AL-UL-WC, 22-23 PL | Sherry Young | 5/1/2023 8:57:32 AM (PST) | Page 1 of 4 DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A ACORD® I ~ I -□ □ - - ~ □ □ - -- -- -- -H I I I I I □ IDS Group, Inc. 6809H717919 5/1/2023 74138251 | 23-24 GL-AL-UL-WC, 22-23 PL | Sherry Young | 5/1/2023 8:57:32 AM (PST) | Page 2 of 4 Insured: Policy No.: Effective Date: DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. Th is insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. Th is insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". Th is endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insu rance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provid ed to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 74138251 | 23-24 GL-AL-UL-WC, 22-23 PL | Sherry Young | 5/1/2023 8:57:32 AM (PST) | Page 3 of 4 DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us 72WEGAX2CTE 5/1/2023 IDS Group, Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 74138251 | 23-24 GL-AL-UL-WC, 22-23 PL | Sherry Young | 5/1/2023 8:57:32 AM (PST) | Page 4 of 4 DocuSign Envelope ID: F4ABF8C8-F722-4E83-A57D-FB3C8E838B0A ? 30thNovember DocuSign Envelope ID: F78023F6-527A-44F9-AFA1~D0DA6B1\FD1C4 (Attachment AP) PSA22-1671CA MASTER AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES IDS GROUP, INC. THIS AGREEMENT is made and entered into as of the ______ day of ________ , 2021, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and IDS Group, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of a consulting firm that is experienced in the structural engineering field. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to structural engineering. D. Contractor has submitted a proposal to City under Request for Qualifications (RFQ) No. 21-1449CA 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2021, through November 30, 2024. The City Manager may amend the Agreement to extend it for one ( 1) additional one ( 1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific City Attorney Approved Version 6/12/18 1 of 10 DocuSign Envelope ID: F78023F6-527 A-44F9-AFA 1-D0DA6BAFD104 PSA22-1671CA Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of 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. City Attorney Approved Version 6/12/18 2 of 10 DocuSign Envelope ID: F78023F6-527A-44F9-AFA1-D0DA6BAFD104 PSA22-1671CA 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 willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability {CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall .be twice the required occurrence limit. The limits for Commercial General Liability can be achieved through a combination of primary and excess or umbrella liability insurance, provided that such coverage will result in the same or greater coverage as the coverage required under this Section. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version 6/12/18 3 of 10 DocuSign Envelope ID: F78023F6-527 A-44F9-AFA 1-D0DA6BAFD104 PSA22-1671CA 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 th is Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, 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 pursua nt 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. City Attorney Approved Version 6/12/18 4 of 10 DocuSign Envelope ID: F78023F6-527 A-44F9-AFA 1-D0DA6BAFD104 PSA22-1671CA 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 are: For City: For Contractor: Name Eleida Felix Ya ckel Name Rami Elhassan, PhD, SE -Principal Title Senior Contract Administrator Title Project Manager Dept Public Works Address 1 Peters Canyon Road, Suite 130 CITY OF CARLSBAD Irvine, CA 92606 Address 1635 Faraday Avenue Phone 949-387 -8500 Mobile 949-351-3068 Carlsbad, CA 92008 Email ram i.elhassan@idsgi.com Phone 760-602-2767 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes0 NoD 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations wh ich 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 City Attorney Approved Version 6/12/18 5 of 10 DocuSign Envelope ID: F78023F6-527A-44F9-AFA 1-D0DA6BAFD104 PSA22-1671CA 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 at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be pa id for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim sub.mitted 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. JURISDICTIONS 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 City Attorney Approved Version 6/12/18 6 of 10 DocuSign Envelope ID: F78023F6-527A-44F9-AFA1-D0DA6BAFD104 PSA22-1671CA 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. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 of 10 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: F78023F6-527A-44F9-AFA1-D0DA6BAFD104 PSA22-1671CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this fourth day of ___ o_c_to_b_e_r _____ , 2021. CONTRACTOR IDS Group, Inc., a California corporation (sign here) Said Hilmy, President By: ~i fJJy,sSDJA,J Swdm.i (sign here) Rami Elhassan, Secretary CITY OF CARLSBAD, a municipal corporation of the State of California By ~,._ff/-,V/ Matt Hall, Mayor ATTEST: ~~x~cr for Faviola Medina, City Clerk Services Manager If required by the City, proper notarial acknowledgement 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --g Assistant City Attorney 8 of 10 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: F78023F6-527A-44F9-AFA1-D0DA6BAFD104 PSA22-1671CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of structural engineering tasks as outlined in individual Project Task Description & Fee Allotments {PTD&FA) related to the following: A. Bridges Preventive Maintenance B. Buildings & Other Structures C. Structural Design / Evaluations Requests for work not listed above must be contracted under separate agreement. 9 of 10 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: F78023F6-527A-44F9-AFA1-DODA6BAFD104 PSA22-1671CA City of Carlsbad Master Agreement Consultant Services RFQ21-1449CA I Discipline No. 15: Structural Engineering FEE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1. Rami Elhassan Project Principal $190.00 2. Elwood Smietana Quality Assurance Manager $180.00 3. Jaime Rosenbach Senior Structural Engineer/Project Manager $170.00 4. Matt Michnewich Senior Structural Engineer/Project Manager $170.00 5. Victor Mercado Senior Structural Engineer/Project Manager $170.00 6. Matt Kani Structural Engineer/ Bridge Engineer $170.00 7. Khaled Almaaz Project Bridge Engineer $165.00 8. Steve Uthoff Senior Structural Engineer $165.00 9. Yangbo Chen Senior Structural Engineer $165.00 10. Hassan Hadidi Senior Structural Engineer $165.00 11. Mohsen Kargahi Senior Project Engineer $160.00 12. Ellen Wu Professional Engineer/ Analyst $150.00 13. Brenden Brown Professional Engineer $140.00 14. Darin McKee REVIT/CAD Manager $110.00 15. Cali Nguyen REVIT/CAD Designer $95.00 16. Ditto Burgonio REVIT/CAD Designer $95.00 EXPENSES DESCRIPTION COST %MARKUP 1. Not Applicable 2. 3. 4. ••IDS GROUP 10 of 10 Page 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/3/2021 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strate~ies Company CONTACT Risk Strateoies ComDanv NAME: 2040 Main treet, Suite 450 PHONE 949-242-9240 I FAX """ No Ext\: {AJC Nol: Irvine, CA 92614 E-MAIL syouna@risk-strateqies.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. OF06675 INSURER A: Travelers Indemnity Company of CT 25682 INSURED INSURERS: Travelers Property Casualty Co of America 25674 IDS Grou~, Inc. INSURERC: Travelers Casualty and Surety Co America 31194 1 Peters anyon Rd., Ste 130 Irvine CA 92606 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 61497252 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 POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,.,~n l wHn POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A _L COMMERCIAL GENERAL LIABILITY ✓ 6809H717919 5/1/2021 5/1/2022 EACH OCCURRENCE $$2 000 000 D CLAIMS-MADE [L] OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence\ $$1 000,000 MED EXP (Any one person) $$10,000 - PERSONAL & ADV INJURY $ $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $4,000,000 ~ [Z]PRO-D Loc PRODUCTS -COMP/OP AGG $$4 000 000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY BA8F335897 5/1/2021 5/1/2022 COMBINED SINGLE LIMIT $$1 000 000 !Ea accident\ - _L ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY ~ AUTOS _L HIRED 1 NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY !Per accident\ $ B _L UMBRELLA LIAB HOCCUR CUP7K299343 5/1/2021 5/1/2022 EACH OCCURRENCE $$9 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $$9 000 000 DED I / I RETENTION $0 $ B WORKERS COMPENSATION ✓ UB4K463295 5/1/2021 5/1/2022 I PER I I OTH- AND EMPLOYERS' LIABILITY / STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $$1 000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $$1 000 000 If yes, describe un.der DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $$1 000 000 C Professional Liability 107008332 11/12/2020 11/12/2021 Per Claim: $3,000,000 Aggregate: $3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Master Agreement for Structural Engineering Services -PSA 19-582CA. • City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy and a waiver of subrogation applies to the work comp policy-see attached endorsements. Umbrella Liability follows form to the general, auto and employer's liability policies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Com~liance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #350 0 NewYork NY 10163-4668 AUTHORIZED REPRESENTATIVE ) /4/.', ,c· /,,,.,-,. /' 7- ,/_,;.,./ ✓:· <~A.::/f.--:::,1---!,. .. -, 1/ ],,;./ ,.·<.J I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 61497252 I 21-22 GL-AL-UL-WC, 20-21 PL I Sherry Young I 5/3/2021 6,24,31 AM (PDT) I Page 1 of 4 Insured: ms Group, lnc. Policy No.: 6809H7I79I9 Effective Date: 511/2021 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a ''written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. • The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this ·coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work." and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such ''bodily injury" or "property damage'' that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insuran_ce provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the ''written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 @2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office. Inc .. with its permission 61497252 I 21·22 GL·AL·UL•WC. 20-21 PL I Sherry Young I 5/3/2021 6,24 ,31 AM (PDT) I Page 2 of• COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Orfice. Inc .. with its permission 61497252 I 21-22 GL-AL-UL-WC, 20-21 PL I Sherry Young I 5/3/2021 6,24,31 AM {PDT) I Page 3 of 4 • TRAVELERS Insured: IDS Group, Inc. Policy No.: UB4K463295 Effective Date: 5/1/2021 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ENDORSEMENT WC 99 03 76 (00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file with the insured. ~ Authorized Representative . 61497252 I 21·22 GL•AL·UL-WC, 20-21 PL I Sherry Young I 5/3/2021 6 ,24,31 AM IPDT) I Page 4 of 4