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HomeMy WebLinkAboutNV5 Inc; 2024-03-04; PSA24-2397FACPSA24-2397FAC Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR MONROE STREET POOL SWPPP SERVICES, PROJECT NO. 4724 NV5, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation (“City”) and NV5, Inc., a California corporation (“Contractor”). RECITALS A. City requires the professional services of a consultant that is experienced in stormwater management. B. Contractor has the necessary experience in providing professional services and advice related to developing Storm Water Pollution Prevention Plans. 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 two (2) years from the date first above written. 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed ten thousand eight hundred dollars ($10,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 March 4th PSA24-2397FAC Page 2 City Attorney Approved Version 12/22/2023 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant’s current DIR registration number. 7. 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 DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC Page 3 City Attorney Approved Version 12/22/2023 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. 8. 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. 9. 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. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s 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. DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC Page 4 City Attorney Approved Version 12/22/2023 12. 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. 12.1 Coverage 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. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC Page 5 City Attorney Approved Version 12/22/2023 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. 12.5 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. 13. 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. 14. 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. 15. 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. 16. 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. /// /// /// /// DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC Page 6 City Attorney Approved Version 12/22/2023 17. 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 Molly Amendt Name Jeffrey Cooper Title Senior Engineer Title Project Manager Department Public Works Address 15092 Avenue of Science, Suite 200 City of Carlsbad San Diego, CA 92128 Address 1635 Faraday Ave. Phone No. 858-531-6666 Carlsbad, CA 92008 Email jeff.cooper@nv5.com Phone No. 760-573-3368 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. 18. 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 ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. 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. DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC City Attorney Approved Version 12/22/2023 Page 7 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. 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. 23. 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 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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. 24. 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 DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC City Attorney Approved Version 12/22/2023 Page 8 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. 25. 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. 26. 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. 27. 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. 28. 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. This Agreement may be executed in counterparts. 29. 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. [signatures on following page] DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 PSA24-2397FAC City Attorney Approved Version 12/22/2023 Page 9 Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California NV5, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Jeffrey M. Cooper, Senior Vice President (print name/title) By: (sign here) (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: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 one March PSA24-2397FAC City Attorney Approved Version 12/22/2023 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE NV5 will prepare a Storm Water Pollution Prevention Plan (SWPPP) for Monroe Street Pool Renovation Project, CIP Project No. 4724, in accordance with the attached Exhibit A dated February 6, 2024. All work will be performed on a time and materials basis. Compensation for work performed will be in accordance with the current NV5 Master Agreement (PSA22-1627CA). Generally, the scope of work will include: Task UNIT QTY DESCRIPTION NTE PRICE 1 Preparation of a Storm Water Pollution Prevention Plan (SWPPP) $5,040.00 2 Inspections Performed by a Qualified SWPPP Developer $4,320.00 3 Prepare as-needed SWPPP Amendments $1,400.00 TOTAL NOT-TO-EXCEED AMOUNT $10,800.00 DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 15092 Avenue of Science, Ste 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.385.0400 February 6, 2024 Molly Amendt, P.E., Senior Engineer City of Carlsbad Facilities Engineering Public Works, Fleet & Facilities Department 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Proposal for SWPPP Preparation for Monroe Street Pool Renovation Project Dear Molly: Thank you for the opportunity to submit this proposal for preparing a SWPPP for the Monroe Street Pool Renovation Project. Our scope and fee for providing these services is described below and is based on our phone conversation last week and the Grading Plans and schedule that were sent to NV5 by email on February 1, 2024. Task 1: Preparation of a Storm Water Pollution Prevention Plan (SWPPP) A Storm Water Pollution Prevention Plan (SWPPP) will be required for this project since the project will disturb more than 1 acre of soil during construction. The SWPPP is required under the State’s Construction General Permit (CGP) for Stormwater Discharges, Order WQ 2022-0057-DWQ, that is regulated by the State Water Resources Control Board. The City will be required to obtain coverage under the CGP by filing a Notice of Intent (NOI) online and obtaining a Waste Discharge Identification Number (WDID#), and NV5 can assist with that process. Based on the location of the project, we have assumed that this project will be classified as a Risk Level 3 project, which has the most stringent requirements for projects under the CGP. NV5 will prepare a SWPPP for the project based on the current CGP. The SWPPP will be prepared by a Senior Level Qualified SWPPP Developer and will follow the 2023 California Storm Water Quality Association (CASQA) SWPPP template as a basis for preparing the SWPPP. The SWPPP text will include information on potential pollutants from the site as well as sampling and monitoring requirements during construction. The SWPPP will include Water Pollution Control Plans (WPCPs) that will document all Best Management Practices (BMPs) to be installed prior to the start of construction. BMPs will typically include fiber rolls, storm drain inlet protection, silt fencing, slope stabilization, etc. The WPCPs will depict only a snapshot of the required BMPs at the start of construction. It will be the Qualified SWPPP Practitioner’s (QSP’s) responsibility to update the WPCPs as construction progresses in order to maintain compliance. We will use the project grading and drainage plans as base maps for preparation of our WPCPs. Our fee includes time to respond to one round of comments from the City. NV5 will transmit all documents in pdf format to the City and can work with the City to upload the necessary documents to the SMARTS website. Time & Materials Fee: $5,040.00 (16 hrs. of a Senior Level QSD’s Time and 8 hours of an Associate Engineer’s Time) PSA24-2397FAC Exhibit "A"DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 NVS Page 2 Task 2: QSD Inspections The current CGP requires that QSDs perform inspections of the site at the start of construction and quarterly throughout the calendar year. The QSD is also required to perform site inspections when sampling results by the Qualified SWPPP Practitioner (QSP) show an exceedance in pollutant levels set forth in the SWPPP. Based on the 15-month construction schedule that was provided, we have assumed for purposes of this proposal that six (6) inspections will be required by a QSD. Site inspections include time to travel to/from the site, perform the inspection, and provide a written report summarizing the condition of the site and any recommendations to address BMP deficiencies. For purposes of this proposal, we have assumed 3 hours for each site inspection to be performed. Time & Materials Fee: $4,320.00 (18 hrs. of a Senior Level QSD’s Time) Task 3: SWPPP Amendments SWPPP Amendments may be required for the project if the site conditions change and the BMPs need to be updated in the SWPPP. This task covers time for a QSD to prepare up to 3 SWPPP amendments for the project and upload a pdf of the amendment to the State’s electronic system (SMARTS) and any coordination that is necessary with the LRP (Legally Responsible Person). The SWPPP amendment will be signed by the QSD. Time & Materials Fee: $1,440.00 (6 hrs. of a Senior Level QSD’s Time) Exclusions The following are not included within our scope of work and fees: fees associated with submitting and renewing the NOI, annual reporting to the Regional Board, sampling required by the SWPPP’s Monitoring Program, preparing the Notice of Termination and accompanying documentation, ATS (Advanced Treatment System) design and/or implementation, and soil monitoring and/or reporting. Deliverables Deliverables include one hard copy of the SWPPP document, and all electronic files to be delivered in pdf format via email or ftp site to the City. Fee All work performed for Tasks 1-3 above will be done on a Time and Materials Basis, not to exceed the amount of $10,800 and based on the rates under our current Master Agreement for Environmental/Storm Water Services with the City (PSA22-1627CA). Please reach out to Jennifer Peterson at Jennifer.Peterson@NV5.com or at 619-807-6202 if you have any questions regarding this proposal. PSA24-2397FAC Exhibit "A" (Cont.)DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 NIVIS Page 3 Sincerely, NV5, Inc. Jennifer M. Peterson Jeffrey M. Cooper, PE Senior Project Manager Senior Vice President P28224-0001525.00 PSA24-2397FAC Exhibit "A" (Cont.)DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 NIVIS PSA24-2397FAC Exhibit "A" (Cont.) Rate Sheet from Master Agreement- DocuSign Envelope ID: 27BF9726-AB45-41B4-B1BF-77139D5E8C81 DocuSign Envelope ID: E0397EFF-94E3-4309-899C-3C0BA95FD0E8 PSA22-1627CA Disclpllne 8 Staff Name Title Hourty Rate 1. Wenkai Qin Principal Engineer $215 2. David Renfrew Project Principal $240 3. Jennifer Peterson Engineering Manager $240 4. Garth Engelhorn Senior Project Manager $180 5. Jacqueline McMillen Sen ior Engineer $170 6. Matthew Renaud Scientist III $160 7. Thomas Grace Associate Engineer $150 8. Michelle Hallack Project Engineer $140 9. Adrian Lopez Scientist li $120 10. Austin Kay Scientist I $110 11. Edgar Bautista Assistant Engineer $110 12. Jake Daxe-Pullins Specialist III $100 13. Nicolas Poser Specialist I $80 14. Mehak Gupta Specialist I $80 Laboratory Subconsultants Description Cost % Markup 1. Weck Laboratories, Analytical services pricing is included 5% Ine. in Attachment A 2. Encina Wastewater Analytical services pricing is included 5% Authority Laboratory in Attachment B Exoenses Description Cost % Markup 1. Mileage $0.56/mile 0% 2. Equipment Rates Equipment Rate Schedule provided in 0% Table 1 1. Based an IRS standard mileage rate for 2021 10 af 43 DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/1/2024 12/7/2023 THIS CERTIFICATE IS ISSUED ASA 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: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf 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 Lockton Companies CONTACT NAME: 3280 Peachtree Road NE, Suite # 1000 PHONE I FAX IA/C No Extl: IA/C Nol: Atlanta GA 30305 E-MAIL (404) 460-3600 ADDRESS: INSURERISI AFFORDING COVERAGE NAIC# 1NsuRER A : Vallev F onz:e Insurance Comoanv 20508 INSURED NV5, Ine. INsURER B : National Fire Insurance Co ofHartford 20478 1491108 15092 Avenue of Science, INsURER c : The Continental Insurance Companv 35289 Suite 200 INsURER D : Transportation lnsurance Company 20494 San Diego CA 92128 INsURER E : Navigators Specialty Insurance Company 36056 INsURERF : National Fire and Marine Insurance Co 20079 COVERAGES Science CERTIFICATE NUMBER: 20113845 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICYEXP LTR TYPE OF INSURANCE ,.,.,n ••n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y y 7014856125 5/1/2023 5/1/2024 EACH OCCURRENCE $ 1.000 000 D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED $ 1,000,000 PREMISES (Ea occurrence) X Contractual Liab MED EXP (Any one person) $ 15.000 X Cross Liab Incl PERSONAL & ADV INJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE s 2.000 000 Fxl POLICY [x] ~rg:: [x] LOC PRODUCTS • COMP/OP AGG s 2,000,000 OTHER: Deductible: None $ B AUTOMOBILE LIABILITY y y 7014842659 5/1/2023 5/1/2024 COMBINED SINGLE LIMIT s 1.000 000 IEa accident\ f-- X ANY AUTO BODIL Y INJURY (Per person) $ xxxxxxx f--OWNED ~ SCHEDULED BODIL Y INJURY (Per accident) $ xxxxxxx f--AUTOSONLY f--AUTOS X HIRED X NON-OWNED iP~?~~c~Je':igAMAGE $ xxxxxxx AUTOSONLY AUTOSONLY $ xxxxxxx C X UMBRELLA LIAB ~ OCCUR N N CUE 7014841883 5/1/2023 5/1/2024 EACH OCCURRENCE s 10.000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s 10.000 000 DED I X I RETENTION $ $0 $ xxxxxxx WORKERS COMPENSATION y I PER I I OTH-B AND EMPLOYERS' LIABILITY 7014842824lAOS) 5/1/2023 5/1/2024 X STATUTE ER D Y/N 7014842810 CA) 5/1/2023 5/1/2024 1.000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ 1.000 000 lf yes, describe under E.L. DISEASE -POLICY LIMIT $ 1.000 000 DESCRIPTION OF OPERATIONS below E Excess Liab N N GA23EXRZ0DWT51C 5/1/2023 5/1/2024 Ea. Claim/Agg. $10M/$10M F Prof/Poll Liab 42-EPP-321328-02 5/1/2023 5/1/2024 Ea. Claim/ Agg. $ I 0M/$20M A Bus Per Prop 7014856125 5/1/2023 5/1/2024 Limit $19,301 ,609 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: ALL PROJECTS. The City ofCarlsbad is included as additional insured on a Primary and Non-contributory basis ifrequired by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. A waiver of subrogation applies in favor of The City of Carls bad if required by written contract with respect to General Liability, Automobile Liability, and Workers' Compensation per the terms and conditions ofthe policy where permitted by state law. A 30-day notice of cancellation is included ifrequired by written contract per the terms and conditions of the policy. CERTIFICATE HOLDER 20113845 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLA TION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. "'™OR°" .,...,,.il,_..,,,,__..,...,_ ______________ _ © 1988-201 . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 7014856125 05/01/2023 NV5 Global, IncNV5 Global, Inc DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Atta Blanket Additional lnsured -Owners, Lessees o Contractors -with Products-Completed 0 erations Covera e Endorsement This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as foliows: I. WHO IS AN INSURED is amended to include as an lnsured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. li. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of' language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the foliowing: WHO IS AN INSURED is amended to include as an lnsured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing , approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other lnsurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory lnsurance CNA1501sxx (10-16) Page 1 of 2 lnsured Name: Pohcy No: Effective Date: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, Ine., with its permission. 7014856125 05/01/2023 NV5 Global, Inc. DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Atta Blanket Additional lnsured -Owners, Lessees or Contractors -with Products-Completed 0 erations Covera e Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with ether insurance available to the additional insured; or 2. primary and to not seek contribution from any ether insurance available to the additional insured. But except as specified above, this insurance will be excess of all ether insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the foliowing: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the lnsurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the lnsurer copies of all legal papers received, and otherwise cooperate with the lnsurer in the investigation, defense, or settlement of the claim; and 3. make available any ether insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the lnsurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The lnsurer has no duty to defend or indemnify an additional insured under this endorsement until the lnsurer receives written notice of a claim from the additional insured . VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the foliowing definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All ether terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated lnsurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 lnsured Name: Pohcy No: Effective Date: Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, Ine., with its permission. DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 A c ent o e: CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the lnsurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising lnjury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE-ELEVATORS A. Under COVERAGES, Coverage A -Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Produet Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other lnsurance conditions is amended to add the foliowing paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as lnsureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named lnsured under the Named lnsured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an lnsured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named lnsured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the lnsurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET! Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the foliowing: The lnsurer waives any right of recovery the lnsurer may have against any person or organization because of payments the lnsurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Page 16 of 18 VALLEY FORGE INSURANCE COMPANY lnsured Name: NV5 GLOBAL, INC. Policy No: 7014856125 Endorsement No: 12 Effective Date: 05/01/2023 Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, Ine., with its permission. DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Art c o e: CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective du ring the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM$ Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. lf the endorsement EXCLUSION -CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled lnsurance Programs (O.C.I.P.) or Contractor Controlled lnsurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named lnsured is or was involved, this exclusion does not apply to those sums the Named lnsured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnsured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other lnsurance is amended to add the foliowing subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named lnsured as a result of the Named lnsured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the foliowing definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering same or all of the contractors or subcontractors involved in the project, such as an Owner Controlied lnsurance Program (O.C.I.P.) or Contractor Controlied lnsurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, coliege/university housing or dormitories, lang term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858:XX (1-15) Page 17 of 18 VALLEY FORGE INSURANCE COMP ANY lnsured Name: NV5 GLOBAL, INC. Policy No: 7014856125 Endorsement No: 12 Effective Date: 05/01/2023 Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, Ine., with its permission. DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587568 Master ID: 1491108, Certificate ID: 20113845 It is understood and agreed that: lf you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of lnsurance, and if we cancel a policy term described on that Certificate of lnsurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. lf notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective ldate (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2023 © Copyright CNA All Rights Reserved. Policy No: 7014856125, 7014842659,7014841883 DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20113845 CNA Business Auto Policy Policy Endorsement li ADDITIONAL INSURED ENDORSEMENT -CONTRACTUAL OBLIGATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional lnsured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. Paragraph A.1. Who Is An lnsured of Section 11 -LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract"; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV -BUSINESS AUTO CONDITIONS is amended to add the foliowing conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named lnsured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit". 4. Only for the purpose of the insurance provided by this endorsement, SECTION V -DEFINITIONS is amended to add the foliowing definition: Form No: CNA71526XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 63; Page: 1 of 2 Underwriting Company: National Fire lnsurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: 8UA 7014842659 Policy Effective Date: 05/01/2023 Policy Page: 281 of 1414 © Copyright CNA All Rights Reserved. Material used with permission of ISO Properties, Ine li DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20113845 CNA Business Auto Policy Policy Endorsement "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71526XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 63; Page: 2 of 2 Underwriting Company: National Fire lnsurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: 8UA 7014842659 Policy Effective Date: 05/01/2023 Policy Page: 282 of 1414 © Copyright CNA All Rights Reserved. Material used with permission of ISO Properties, Ine DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20113845 AS REQUIRED BY CONTRACT 05/01/2023 NV5 GLOBAL, INC. DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attat'NJl1e: D587560 Master ID: 1491108, Certificate ID: 20113845 CNA71527XX (Ed. 10/12) I ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; -= ;:::::::; -- ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional lnsured Persons Or Organizations 1. In conformance with paragraph A.1.c. of Who Is An lnsured of Section li -LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All ether terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 lnsured Name: Copyright CNA All Rights Reserved. Policy No: 7014842659 Endorsement No: Effective Date: DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587563 Master ID: 1491108, Certificate ID: 20113845 POLICY NUMSER: 7014842659 COMMERCIAL AUTO CA 0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGECOVERAGEFORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured: NV5 Global, Ine Endorsement Effective Date: 05/01/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HA VE AGREED TO WAIVE SUCH RIGHT OF RECOVERY INA WRlTTEN CONTRACT OR AGREEMENT. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 0444 0310 © lnsurance Services Office, Ine., 2009 Page 1 of 1 0 Policy No. 7014842824 Workers' CompensationWorkers' CompensationIWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984)Policy : 7014842824 Endorsement Effective Date 05/01/2023 Copyright 1983 National Council on Compensation Insurance. DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587582 Master ID: 1491108, Certificate ID: 20113845 CNA L J li DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 20113845 CNA POLICY NO: 7014842824 WORKERS COMPENSATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC00 03 13 (04-1984) Endorsement Effective Date: 5/1/2023 Policy: 7014842824 DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 20113845 CNA WORKERS COMPENSATION TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [ ] Specific Waiver [X] Blanket Waiver Any person or organization for whom the Named lnsured has agreed by written contract to fumish this waiver. 2. Operations: Waiver of Subrogation Operations Premium: The premium charge for this endorsement shall be premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 1. Advance Premium: Waiver of Subrogation Advance Premium All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:WC.:42 03 04 B (06-2014) Endorsement Effective Date:05/01/2023 Policy No. 7014842824 DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 20113845 CNA UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement All other terms and conditions of the policy remain unchanged. :his endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 43 03 05 (07-2000) Endorsement Effective Date: 05/01/2023 Policy No. 7014842824 DocuSign Envelope ID: 278F9726-AB45-4184-818F-77139D5E8C81 Attachment Code: D587584 Master ID: 1491108, Certificate ID: 20113845 Policy No. 7014842810 CNA Workers BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One -Workers' Compensation lnsurance G. Recovery From Othars and Part Two - Employers' Liability lnsurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PR.EMIUM CHARGE -Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. ~ is endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, kes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another fective date (the Endorsement Eff ective Date) is shown below, and expires concurrently with said policy less another expiration date is shown below. Form No: G-19160-8 (11-1997) Endorsement Effective Date: c0510112023 -Policy No. 7014842810