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HomeMy WebLinkAboutFehr and Peers Inc; 2022-01-18;DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 1 AGREEMENT FOR TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES FEHR & PEERS, INC. THIS AGREEMENT is made and entered into as of the ___18_____day of ___January , 2022, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and FEHR & PEERS, INC., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is that is experienced in providing consulting services for transportation planning and traffic engineering services. B. Contractor has the necessary experience in providing professional services and advice related to perform such work. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of four (4) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed ninety thousand dollars ($90,000) per year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ninety thousand dollars ($90,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (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. 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. 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. DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jason Geldert Name Katy Cole Title Engineering Manager Title Principal Department Community Development Address 555 W Beech St #302 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave Phone No. 619-758-3001 Carlsbad, CA 92008 Email k.cole@fehrandpeers.com Phone No. 760-814-0229 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. DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 5 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. Contractor may not serve or represent clients whose activities are related to the scope of work for this contract and within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 6 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. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 7 By: By: By: of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. FEHR & PEERS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) Geoff Patnoe Assistant City Manager Chris Mitchell / CEO (print name/title) ATTEST: (sign here) Tammy R. McMinn for FAVIOLA MEDINA Lysa Wollard / CFO City Clerk Services Manager (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, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorney DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 8 1.0 EXHIBIT “A” SCOPE OF SERVICES DEFINITIONS 1.1 CONTRACT ADMINISTRATOR: The Engineering Manager of the Land Development Engineering Division or their authorized representative. 1.2 CITY: The City of Carlsbad. 1.3 CONTRACTOR: The Consultants responsible management individual or their authorized consultant. 1.4 PROPOSAL: A fixed cost proposal prepared by the CONTRACTOR for work requested by the CONTRACT ADMINISTRATOR. 1.5 TIME AND MATERIALS: Work Performed by the CONTRACTOR on an agreed hourly price per negotiated fee schedule. 2.0 CONTRACTOR'S OBLIGATIONS 2.1 The CONTRACTOR shall provide qualified professional transportation planning and traffic engineering consulting services consisting of the following: • Maintain and update the city’s VMT Guidelines as necessary • Provide third-party review services • Attend meetings including public hearings and outreach at the request of the CONTRACT ADMINISTRATOR • Provide staff consultation services • Provide transportation planning and traffic engineering services as needed. 2.2 The CONTRACTOR shall also provide other related services as agreed upon by both the CONTRACT ADMINISTRATOR and the CONTRACTOR. All work shall be performed in accordance with CITY procedures and policies. 2.3 The CONTRACTOR shall provide all facilities, equipment and standard engineering reference materials and applicable governmental code reference materials necessary to perform duties as required herein. 3.0 NEGOTIATED PROPOSAL AND ACCEPTANCE 3.1 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a time and material basis in DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 City Attorney Approved Version 6/12/18 9 accordance with section. 3.2 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT AMINISTRATOR. 3.3 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 4.0 TIME AND MATERIALS 4.1 In the event the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTORS proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. Invoices for work on a TIME AND MATERIALS basis are subject to the CONTRACTOR'S negotiated fee schedule attached to this agreement. 4.2 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTORS proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 4.3 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 5.0 PAYMENTS AND INVOICES 5.1 The CONTRACTOR shall present monthly Invoices, for all work performed during the preceding month. Monthly invoices shall include all required certifications and reports as specified herein. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Payments shall be made within thirty (30) days upon receiving invoice, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT 5.2 Invoices for approved TIME AND MATERIALS work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify the CONTRACTORS billing. Invoices for TIME AND MATERIALS work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each separate and complete item of TIME AND MATERIALS work. DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 Community Development Department 1635 Faraday Ave.  Carlsbad, CA ZIP code  760-602-4615 Memorandum October 19, 2021 To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From: Jason Geldert, Engineering Manager Re: Sole Source Authorization for Fehr & Peers The purpose of this memorandum is to request authorization for an exemption to the bidding process per Purchasing Code 3.28.110 (N) for a $90,000 Vehicle Miles Traveled (VMT) services contract with Fehr & Peers. This code provides a bidding exemption in situations where solicitations of bids or proposals for goods, services, and/or professional services would be, in the discretion of the awarding authority impractical, unavailing, impossible, or not in the best interest of the city. The city contracted with two expert consultants (Fehr & Peers and VRPA Technologies) in 2019 for assistance in preparing CEQA thresholds and analysis guidelines in response to California State Senate Bill 743. The bill required agencies to use Vehicle Miles Traveled (VMT) to evaluate transportation impact for CEQA beginning July 1, 2020. In August of 2020, the city amended the contract with Fehr & Peers by increasing the annual contract amount from $35,000 to $55,000. This increase was necessary to allow Fehr & Peers to develop new City of Carlsbad VMT analysis maps based on the newly released SANDAG Travel Demand Model. Sole source authorization was approved for the amended contract. This was based on staff’s vetting transportation consultants in the region. Staff found that Fehr & Peers were the leading experts in the state regarding VMT analysis and mitigation. They are one the few consultants that have knowledge and access to the SANDAG travel demand model. Fehr & Peers are the only consultant to have a combination of VMT expertise and travel demand model expertise. In June 2021, City Council approved $120,000 for VMT consultant services for the 21/22 fiscal year. These services include preparation of new VMT analysis maps, updates to the VMT Analysis Guidelines and VMT analysis review. Again, Staff has found, through vetting of regional consultants, that Fehr & Peers is the only consultant that has the expertise and experience to fully provide these services. Community Services DocuSign Envelope ID: 094B9D6E-8730-40BF-8453-4877E12471C8 Approval for Exemption Memo – Sole Source Authorization for Fehr & Peers Oct. 19, 2021 Page 2 10/26/2021 Roxanne Muhlmeister, Date Assistant Finance Director/Purchasing Officer Attachment: Professional Services Agreement for VMT Consultant Services cc: Laureen Ryan, Senior Management Analyst Shea Sainz, Senior Contract Administrator ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/24/2021 License # 0E67768 (925) 660-3514 50008 (925) 416-7869 13056 Fehr & Peers 555 West Beech Street Suite 302 San Diego, CA 92101 29424 10725 A 2,000,000 PSB0006683 12/6/2021 12/6/2022 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000A PSA0002276 12/6/2021 12/6/2022 5,000,000A PSE0002889 12/6/2021 12/6/2022 5,000,000 B 57WEGZJ1989 5/1/2021 5/1/2022 1,000,000 1,000,000 1,000,000 C Professional Liab.AEXNYABEFJ2006 12/6/2021 Per Claim 5,000,000 C Professional Liab.AEXNYABEFJ2006 12/6/2021 12/6/2022 Aggregate 5,000,000 SD19-0341.01 On-Call Services All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. GENERAL LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Carlsbad , as required per written contract City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 FEHR&PE-01 MICHAELA IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Gigi Yuen Gigi.Yuen@ioausa.com RLI Insurance Company Hartford Casualty Insurance Company Liberty Surplus Insurance Corp X 12/6/2022 X X X X X X X Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALSBLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include asan additional insured any person or organization thatyou agree in a contract or agreement requiringinsurance to include as an additional insured on thispolicy, but only with respect to liability for "bodilyinjury", "property damage" or "personal andadvertising injury" caused in whole or in part by youor those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rentedto you; or c.In connection with “your work” and includedwithin the “product-completed operationshazard”. 2.The insurance provided to the additional insured bythis endorsement is limited as follows: a.This insurance does not apply on any basis toany person or organization for which coverageas an additional insured specifically is added byanother endorsement to this policy. b.This insurance does not apply to the renderingof or failure to render any "professionalservices". c.This endorsement does not increase any of thelimits of insurance stated in D. Liability AndMedical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. OtherInsurance – COMMON POLICY CONDITIONS(BUT APPLICABLE ONLY TO SECTION II –LIABILITY) However, if you specifically agree in a contract oragreement that the insurance provided to an additional insured under this policy must apply on aprimary basis, or a primary and non-contributorybasis, this insurance is primary to other insurancethat is available to such additional insured whichcovers such additional insured as a named insured, and we will not share with that other insurance,provided that: a.The "bodily injury" or "property damage" forwhich coverage is sought occurs after you haveentered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offensecommitted after you have entered into thatcontract or agreement. 4.The following is added to SECTION III K. 2.Transfer of Rights of Recovery Against Others toUs – COMMON POLICY CONDITIONS (BUTAPPLICABLE TO ONLY TO SECTION II –LIABILITY) We waive any rights of recovery we may haveagainst any person or organization because of payments we make for "bodily injury", "propertydamage" or "personal and advertising injury" arising out of "your work" performed by you, or on yourbehalf, under a contract or agreement with thatperson or organization. We waive these rights onlywhere you have agreed to do so as part of a contract or agreement with such person ororganization entered into by you before the "bodily injury" or "property damage" occurs, or the "personaland advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.gTransfer of Rights of Recovery Against Others togygUs – COMMON POLICY CONDITIONS (BUT(APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include asan additional insured anyperson or organization thatyp gyou agreeinacontractoragreement requiringygg qginsurancetoinclude as an additionalinsured onthispolicy, but only with respect to liability for "bodilypyinjury",y"property pdamage"or y"personal yandjy pp y g padvertising injury" caused in whole or in part by youor those acting on your behalf:gjy However, if you specifically agree in a contract oryp ygagreement that the insurance provided to an additional insured under this policy must apply on aprimary basis, or a primary and non-contributory py ppypy py ybasis, this insurance is primary to other insurancepythatisavailabletosuchadditionalinsuredwhichcovers such additional insured as a named insured,and we will not share with that other insurance,provided that: