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HomeMy WebLinkAboutD-Max Engineering Inc; 2021-11-30; PSA22-1625CA30thNovember DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 (Attachment S) PSA2 2-1625CA MASTER AGREEMENT FOR ENVIRONMENTAL/STORM WATER SERVICES D-MAX ENGINEERING, 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 D-Max Engineering, 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 environmental and storm water 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 environmental and storm water. D. Contractor has submitted a proposal to City under Request for Qualifications (RFQ) No. 21-1449CA and has affirmed its willingness and abil ity 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 13 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-1625CA 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 13 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-1625CA 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 project/location 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 13 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-162SCA 10.1.4 Professional Liability. Errors and omIssIons liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a -period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. . 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain . the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at 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 pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. City Attorney Approved Version 6/12/18 4 of 13 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-1625CA 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 Yackel Name John Quenzer Title Senior Contract Administrator Title Project Manager Dept Public Works Address 5440 Morehouse Drive, Suite 4500 CITY OF CARLSBAD SAN DIEGO, CA 92121 Address 1635 Faradal Avenue Phone 858-352-6816 EXT. 25 Mobile 619-742-1055 Carlsbad, CA 92008 Email jguenzer@dmaxinc.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 which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. · 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties City Attorney Approved Version 6/12/18 5 of 13 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-1625CA 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 paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. · 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 6 of 13 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-1625CA 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 13 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 PSA22-1625CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of environmental and storm water tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Trash Amendments Compliance B. Illicit Discharge Detection Elimination (IDDE) Investigations and Special Studies C. Program Regulatory Support/Compliance D. NPDES MS4 Permit/ Jurisdiction/Watershed Program Updates E. NPDES MS4 Program Evaluations/ Program Assessments F. MS4 Jurisdiction/Watershed Reporting G. Storm Water Pollution Prevention Plans (SWPPP) (Municipal (i.e. Not Construction)) H. NPDES Compliance Training · I. Emergency Action Plan / Support J. Monitoring and assessment Requests for work not listed above must be contracted under separate agreement. 9 of 13 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 EXHIBIT B -SAMPLE MASTER AGREEMENT RATE SCHEDULE -DISCIPLINE 8 Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1 Arsalan Dadkhah Principal Engineer $214.00 2 John Quenzer Principal Scientist $202.00 3 Annika Dorman Senior Scientist $173.00 4 John Draminski Assistant Project Engineer $147.00 5 Teresa Lyndon Assistant Project Scientist $137.00 6 Kath Raskin Staff Scientist II $118.00 7 Nick LaPaglia Staff Scientist II $118.00 SUB-CONSULTANTS NAME TITLE HOURLY RATE 1 Bryn Evans (Dudek) Principal I $263.00 2 Nicole Rieger (Dudek) Project Manager $242.00 3 David Arthur (Dudek) Senior Engineer I $216.00 4 Charles Greely (Dudek) Principal Engineer II $273.00 5 Shannon Brown (Dudek) Project Engineer Ill $196.00 6 Michelle Mattson (Weston) Task Leader $160.00 EXPENSES DESCRIPTION COST %MARKUP 1 Mileage (Current IRS rate) 0% 2 Copy services (outside; no As billed by outside copy service (e.g., Office 5% charge for in-house copies) Depot) 3 Laboratory analyses Varies by analysis; specific quote will be provided 5% for when City requests analyses 4 Flow meter rental Varies; specific quote will be provided for when 5% City requests meters to be installed 5 Ice (for monitoring) As billed at point of sale (gas station, etc.) 5% 6 Postage As billed by postal service provider (USPS, UPS, 5% FedEx, etc.) 7 Tablet with mobile internet $SO/month 0% service 8 Parking As billed by parking provider 5% 9 Subcontracted services As billed by Dudek or Weston 0% Notes -Rates for particular staff levels will be held constant over the term of the agreement, but may be adjusted up for individual staff listed in the tables above if those staff are promoted to a higher level during the term of the agreement. -New staff members may be hired during the term of the agreement; they will be charged at the billing rate appropriate to their level {e.g., Staff Scientist II). -Full fee schedules are included on the following pages. 11 of 13 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 D-MAX ENGINEERING, INC. '!!!-111111111111111111.__~·-... -_..,.. __ ._ _ _ ...,....,_ .. ..., __ ... _ -.-r11..ca. 2021-2024 SCHEDULE OF CHARGES FOR CITY OF CARLSBAD LABOR Classification Word Processor/Admin Drafter Technician Senior Technician Staff Scientist I Staff Scientist II Assistant Project Scientist Project Scientist Senior Scientist Principal Scientist Staff Engineer I Staff Engineer II Ass istant Project Eng ineer Project Engineer Senior Engineer Principal Engineer SF-1 12 of 13 Hourly Rate 74 84 84 97 107 118 137 152 173 202 118 129 147 163 186 214 DocuSign Envelope ID: AEBBAA3A-C2E0-43DE-A25F-A6989F448530 DUDEK 2021-2024 SCHEDULE OF CHARGES FOR CITY OF CARLSBAD ENGINEERING SERVICES CONSTRUCTION MANAGEMENT SERVICES Project Director $ 304 Principal/Manager $ 201 Principal Engineer Ill $ 283 Senior Construction Manager $ 185 Principal Engineer II $ 273 Senior Project Manager $ 170 Principal Engineer I $ 263 Construction Manager $ 160 Program Manager $ 247 Project Manager $ 149 Senior Project Manager $ 247 Resident Engineer $ 149 Project Manager $ 242 Construction Engineer $ 144 Senior Engineer Ill $ 237 On-site Owner's Representative $ 144 Senior Engineer II $ 227 Construction Inspector Ill $ 134 Senior Engineer I $ 216 Construction Inspector II $ 124 Project Engineer IV/Technician IV $ 206 Construction Inspector I $ 113 Project Engineer Ill/Technician Ill $ 196 Prevailing Wage Inspector $ 139 Project Engineer II/Technician II $ 180 HYDROGEOLOGYIHAZWASTE SERVICES Project Engineer I/Technician I $ 165 Project Director $ 294 Senior Designer $ 185 Principal Hydrogeologist/Engineer II $ 273 Designer $ 175 Principal Hydrogeologist/Engineer I $ 258 Assistant Designer $ 170 Sr. Hydrogeologist IV/Engineer IV $ 242 CADD Operator Ill $ 165 Sr. Hydrogeologist Ill/Engineer Ill $ 227 CADD Operator II $ 155 Sr. Hydrogeologist II/Engineer II $ 211 CADD Operator I $ 139 Sr. Hydrogeologist I/Engineer I $ 196 CADD Drafter $ 129 Hydrogeologist VI/Engineer VI $ 185 CADD Technician $ 118 Hydrogeologist V/Engineer V $ 175 Project Coordinator $ 144 Hydrogeologist IV/Engineer IV $ 165 Engineering Assistant $ 124 · Hydrogeologist Ill/Engineer Ill $ 155 ENVIRONMENT AL SERVICES Hydrogeologist II/Engineer II $ 144 Project Director $ 252 Hydrc:igeologist I/Engineer I $ 134 Senior Specialist IV $ 237 Technician $ 103 Senior Specialist Ill $ 227 DISTRICT MANAGEMENT & OPERATIONS Senior Specialist II $ 206 District General Manager $ 201 Senior Specialist I $ 196 District Engineer $ 191 Specialist V $ 185 Operations Manager $ 165 Specialist IV $ 175 District Secretary/Accountant $ 124 Specialist Ill $ 165 Collections System Manager $ 139 Specialist II $ 149 Grade V Operator $ 129 Specialist I $ 134 Grade IV Operator $ 113 Analyst V $ 124 Grade Ill Operator $ 103 Analyst IV $ 113 Grade II Operator $ 77 Analyst Ill $ 103 Grade I Operator $ 72 Analyst II $ 93 Operator in Training $ 67 Analyst I $ 82 Collection Maintenance Worker $ 77 Technician V $ 103 CREATIVE SERVICES Technician IV $ 93 3D Graphic Artist $ 185 Technician Ill $ 82 Graphic Designer IV $ 165 Technician II $ 72 Graphic Designer Ill $ 149 Technician I $ 62 Graphic Designer II $ 134 Compliance Monitor $ 98 Graphic Designer I $ 118 MAPPING AND SURVEYING SERVICES PUBLICATIONS SERVICES Application Developer II $ 196 Technical Editor Ill $ 149 Application Developer I $ 155 Technical Editor II $ 134 GIS Analyst V $ 206 Technical Editor I $ 118 GIS Analyst IV $ 165 Publications Specialist Ill $ 108 GIS Analyst Ill $ 144 Publications Specialist II $ 98 GIS Analyst II $ 129 Publications Specialist I $ 88 GIS Analyst I $ 113 Clerical Administration $ 93 UAS Pilot $ 113 Survey Lead $ 185 Survey Manager $ 134 Survey Crew Chief $ 113 Survey Rod Person $ 93 Survey Mapping Technician $ 93 13 of 13 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY} ~ 1/10/2021 ~ 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 ~~~i~cT Certificate Department Cavignac & Associates rA~gN.t Extl: 619-744-0574 I FAX 450 B Street, Suite 1800 IA/C No\: 619-234-8601 San Diego CA 92101 !~D'}l~ss: certificates~caviqnac.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Casualty Company of America 25674 INSURED DMAXENG-01 INSURER B: XL Specialty Company 37885 D-MAX Engineering, Inc. INSURER c: Valley Forae Insurance Company 20508 7220 Trade Street, Suite 119 San Diego CA 92121 INSURER D : National Fire Insurance 20478 INSURER E : Continental Casualty Co. 20443 INSURER F: COVERAGES CERTIFICATE NUMBER: 1141488332 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. 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INSR ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,,.,.,n wun POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ C X COMMERCIAL GENERAL LIABILITY y B7012585747 1/1/2021 1/1/2022 EACH OCCURRENCE $1,000,000 -□ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $1,000,000 -MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 9 0PRO-[8]Loc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ D AUTOMOBILE LIABILITY 7012581066 1/1/2021 1/1/2022 fE~~~~~d~~llNGLE LIMIT $1,000,000 -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED iP~~~Zc~Je~gAMAGE $ -AUTOS ONLY -AUTOS ONLY $ E X UMBRELLA LIAB M OCCUR B7012586977 1/1/2021 1/1/2022 EACH OCCURRENCE $3,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 OED I X I RETENTION $ "' M~ $ A WORKERS COMPENSATION y UB5P855873 1/1/2021 1/1/2022 X I ~ffTUTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Bus. Personal Property B7D12585747 1/1/2021 1/1/2022 limit $100,000 B Professional Liability DPR995387D 1/1/2020 1/1/2022 Ea Claim $2,000,DDO Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Projects. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability and Auto Liability (additional insured and waiver of subrogation apply). Professional Liability -Claims made form, defense costs included within limit. Property -Special form, replacement cost. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or non renewal. Waiver of subrogation applies to Workers Compensation per policy form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 947 AUTHORIZED REPRESENTATIVE Murrieta CA 92564 '1 (~ . ' I v , © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ..... TRAVELERSJ , ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-5P855 873 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 ou r right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2 . oo % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE I NSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNI SH THIS WAIVER. Schedule Job Description ENGINEER S PLAN This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2021 Insured Insurance Company Policy No. UBSP855873 Endorsement No. Premium Countersigned by ____________ _ ST ASSIGN: Page 1 of 1 ;;;;;;;;;;;;;; ----= !!!!!!!!!!!!!! ;;;;;;;;;;;;;; - Policy Number: B7012585747 SB146968C (Ed. 10-19) C. Under Businessowners Liability Conditions, th.e condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance wiU be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this ir:,surance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. Additional Insured -Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1. An individual, then his or her spouse is an insured; 2. A partnership or joint venture, then its partners, members and their spouses are insureds; 3. A limited liability company, then its members and managers are insureds; 4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or 5. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liabi lity arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs 1. through 4. above; SB146968C (Ed. 10-19) Page 2 of 3 Copyright, CNA All Rights Reserved. Policy Number: B7012585747 SB146968C (Ed. 10-19) (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. F. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and rep lace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968C (Ed. 10-19) Page 3 of 3 Copyright, CNA All Rights Reserved.