Loading...
HomeMy WebLinkAboutMichael Baker International Inc; 2024-04-03; PSA24-2389TRANPSA24-2389TRAN Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENT SERVICES MICHAEL BAKER INTERNATIONAL, 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 Michael Baker International, Inc., a Pennsylvania corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in pedestrian and bike improvement projects. B. Contractor has the necessary experience in providing professional services and advice related to Paseo Del Norte Pedestrian and Bike Improvement project. C. Contractor has submitted a proposal to City under Request for Proposals No. RFP24- 2350TRAN 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 one hundred twenty (120) working days from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year(s)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 fifty-four thousand nine hundred ninety dollars ($54,990). 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 twenty thousand dollars ($20,000) 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". DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 3rd April PSA24-2389TRAN Page 2 City Attorney Approved Version 12/22/2023 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. 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. 8. 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 DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 PSA24-2389TRAN Page 3 City Attorney Approved Version 12/22/2023 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 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. 11. 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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 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. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 PSA24-2389TRAN Page 4 City Attorney Approved Version 12/22/2023 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 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. 12. 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. 13. 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, DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 PSA24-2389TRAN Page 5 City Attorney Approved Version 12/22/2023 documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. 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. 15. 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. 16. 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 Lindy Pham Name Dawn Wilson Title Associate Engineer Title Project Manager Department Public Works Address 5050 Avenida Encinas #260 City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Ave Phone No. 760-603-6266 Carlsbad, CA 92008 Email dwilson@mbakerintl.com Phone No. 442-339-2768 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. 17. 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 ☒ 18. 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. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 PSA24-2389TRAN City Attorney Approved Version 12/22/2023 Page 6 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. 19. 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. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. 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. 22. 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. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 PSA24-2389TRAN City Attorney Approved Version 12/22/2023 Page 7 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 PSA24-2389TRAN City Attorney Approved Version 12/22/2023 Page 8 Executed by Contractor this ___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California MICHAEL BAKER INTERNATIONAL, a Pennsylvania corporation By: By: (sign here) GEOFF PATNOE, Assistant City Manager, as authorized by the City Manager Dawn Wilson, Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Timothy Thiele, Assistant Secretary Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, 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: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 22nd March PSA24-2389TRAN City Attorney Approved Version 12/22/2023 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 1MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENTS WORK Scope of A PLAN TO SUCCEED! Our team will leverage local knowledge gained from the recent East-West Corridors Bike Striping and Annual Street Resurfacing Projects as well as the recent traffi c calming project on Tamarack Avenue to achieve the City’s goals of a a safety enhanced pedestrian and bicycle roadway. Our recent work just to the north and south of this project will ensure continuity throughout the corridor. A C j t A C REAL VALUER PROJECT UNDERSTANDING The City of Carlsbad has put public safety to the forefront of its roadway design, traffi c operations, and policy making. Although safety was always a consideration, the City initiated its “Safer Streets Together” program to change the way the City prioritizes available roadway space for it’s most vulnerable users. Following the emergency declaration in August of 2022, staff has worked to evolve policies, planning, education, enforcement, and design. Michael Baker has committed itself to partnering with the City to further those objectives by providing traffi c expertise and recommendations for greatest effi cacy. We want to continue this commitment to the City by applying our traffi c and civil engineering skillsets and the lessons we’ve learned about some of the City preferences to the Paseo Del Norte Pedestrian and Bike Improvements project. There are several improvements outlined in the RFP that will enhance safety for pedestrians and bicyclists on Paseo Del Norte between Palomar Airport Road and Sea Gate Road. These include, but aren’t necessarily limited to, road yoga, lane diets, wide buffered bike lanes, and providing an uncontrolled mid-block pedestrian crossing with rectangular rapid fl ashing beacons and street lighting near Tip Top Meats and Motel 6. The exact location of the uncontrolled mid-block crossing and features (e.g. refuge island, curb bulb outs) will be determined with City input during conceptual (30%) design. Efforts will be made to reduce pedestrian crossing widths while maintaining required fi re access. The location of the crossing will be minimize impacts to existing infrastructure and maintain access for all left turning vehicles. Two options for the midblock crossing layout are included in the Appendix. Option 1 minimizes the pedestrian crossing lengths for each side of the roadway by providing a refuge island. Option 2 maintains a wider buffer for bicycles by providing a fl oating curb popout which would also reduce any potential impacts to the existing drainage patterns and drainage system. SCOPE OF WORK AND APPROACH The scope of work and approach outlined on the following pages describes Michael Baker’s approach to completing the tasks outlined in the Scope of Work provided by the City and outlined in the RFP. Ryan Zellers, PE, TE, Michael Baker’s Project Manager, will act as the primary point of contact to the City. His role will be to ensure fluid communication between the City and the Michael Baker team. He will be supported by Samantha Lathrop, EIT, who will be our Deputy Project Manager and will handle day to day logistics and coordination of the project including monitoring the schedule, plan development, analysis oversight, and budget monitoring. To keep the City informed of our progress, outstanding items and data or review needs, Michael Baker will maintain an ongoing action item list. We will review this list during check-in meetings along with a summary of the tasks underway from the scope of work and any budget issues. We will send monthly project invoices which include progress reports on the project to the City’s Project Manager. TASK 1: PROJECT MANAGEMENT DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 2MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENTS SCOPE Project Kickoff Meeting. The Michael Baker team believes that great projects start with a detailed kickoff meeting. This meeting will be used to discuss any project concerns and allow the City and the Michael Baker team to meet and work out any design considerations, and allow our team to understand any special requirements the City may request. The kickoff meeting will be held virtually, or in-person at the City’s request, and Michael Baker will prepare the agenda, provide any required materials, and prepare meeting minutes within three business days following the meeting. We also recommend that a fi eld visit be conducted following the project kick off with the Michael Baker and City teams. Bi-Weekly Project Meetings. Bi-weekly project meetings will be key to ensuring the project stays on schedule. These meetings will be used for various purposes throughout the project’s duration (strategize public outreach coordination tasks and a design workshop to review the conceptual designs and provide feedback). Michael Baker will be responsible for meeting agendas, materials and meeting notes. Task 1 Deliverables: Field Investigation. Michael Baker has existing CADD drawings for the corridor available based on our work on the Citywide Emergency Bike Striping and Annual Street Resurfacing Projects which included portions of Paseo Del Norte located directly north and south of this project. We will use those drawings as a base map for a field investigation along the corridor. These drawings will also be used as the basis for the signing and striping/slurry seal plans located outside proposed pedestrian crossing as they do not require specifi c elevation detail. Michael Baker will confi rm the accuracy of these fi les with aerial photography and a fi eld visit. As part of the fi eld investigation, Michael Baker will request the relevant as built drawings from the City and utility companies. Horizontal and Vertical Survey Control. Horizontal and vertical control will be established at the site suffi cient to support future design, construction staking, or mapping. Unless otherwise directed by the Client, the basis of horizontal control will be NAD83 (Epoch 1991.35) California Coordinate System, Zone VI (CCS 83).  Coordinates will be expressed as ground values in terms of the U.S. survey foot.  Coordinates will be based on published values from the City of Carlsbad Survey Control Network per Record of Survey 17271. Vertical control will be provided in terms of the National Geodetic Vertical Datum of 1929 (NGVD 29), based locally upon published benchmark values from the City of Carlsbad Survey Control Network per Record of Survey 17271. Establishment of control shall be performed using current GPS and conventional methods and shall be post- processed in a least-squares network adjustment for evaluation and to provide a unifi ed local control net. Semi- permanent control points shall be set at the site for future construction of the facility and clearly identifi ed in the deliverable. Topographic Mapping. Michael Baker shall prepare a Topographic Map of the project site, at a scale of 1”=20’, with one foot contour intervals. The work shall include: Preparation of a work plan; Field surveying services as described above; Perform isolated field survey at potential crossing location on Paseo Del Norte between 530’ south of Palomar Airport Road to 100’ south of Palomar Airport Road to include full-width cross sections of Paseo Del Norte as shown therein. The site will be surveyed at 25-foot intervals and will include elevations at back of walk, top & bottom nearest curb, lip of gutter grade breaks and crown of road. Traffic striping and surface utilities within the streets shall also be located. Office analysis and processing of all collected GPS and ground survey data. Note, it is assumed that all improvements will be handled within the existing right of way and no boundary survey information will collected. Right of way information will be acquired from as-builts or information provided by the City. Task 2 Deliverables: • Office CADD processing for final deliverable to include planimetrics, surface building and contours. •Meeting agendas, materials, and meeting notes • Concept development and analysis oversight • Budget and schedule monitoring TASK 2: DATA COLLECTION DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 3MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENTS SCOPE Improvement Plans. Michael Baker will prepare a set of improvement plans for the Paseo Del Norte project area. The limits of the improvements will span from Palomar Airport Road to Sea Gate Road and will include signing and striping for “road yoga” and wide buffered bike lanes, an uncontrolled marked crosswalk with curb bulb outs and/or a refuge island, rectangular rapid fl ashing beacons (RRFBs), and lighting. Conceptual design (30%) will be submitted for feedback prior to including vertical design elements. The design may require adjustment of pavement grades, sidewalk slopes, and curb heights to ensure proper drainage. Efforts will be made to minimize changes to the pavement cross- fall and to meet ADA requirements. The planset will include 30%, 60%, 100%, and Final plan set submittals. The improvement plans are anticipated to include the following: • Title sheet, notes, and details (2-3 sheets) • Street Improvement Plan and Profi le (1 sheet) • Signing and Striping Plans (2 sheets) • Construction Details (1 sheet) Hydrology and Hydraulics Analysis. Michael Baker will prepare a hydrology and hydraulics analysis for the existing and proposed conditions. Michael Baker will create hydrology maps and perform drainage calculations to analyze potential impacts of the proposed curb bulb outs and/or refuge island. The existing and future fl ooded width will be studied to understand if the proposed features will cause fl ooding beyond the City right-of-way. The study results will be used to design the proposed crossing features. Hydrology analyses will be started aft er the 30% design submittal milestone. Preparation of Specifi cations and Estimate. The engineer’s estimate will include all quantities and cost for construction. The specifi cations will detail technical information and construction methods, in a standard Green Book format or using a city-supplied specifi cation template. The bid schedule and specifi cations shall include all bid items from the cost estimate. This assumes that the city will prepare front-end documents and Michael Baker will add the specifi cation and provisions for the improvements on the plans. Task 1 Deliverables: • 30%, 60%, 100%, and Final Improvement Plan Set Submittals • Hydrology and Hydraulics Analysis to accompany the 60%, 100%, and Final submittal of plans. • Specifi cations and Estimate to accompany 100%, and Final submittal of plans. TASK 3: ENGINEERING SERVICES DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 4MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENTS SCHEDULE Our experience working on the striping for sections of Paseo Del Norte north and south of this project result in an in depth understanding of the corridor, allowing us to hit the ground running. We will complete this project in 4 months. re co r c REAL VALUER Our proposed project schedule below, summarizes main tasks and delivery dates. During project scoping, Project Manager, Ryan Zellers, PE, TE, will develop a detailed schedule and Principal In-Charge Dawn Wilson, PE, TE, will ensure the resources necessary to accomplish the work within the proposed schedule are provided. Schedule Control Michael Baker software tools assist our project managers in preparing and maintaining project schedules, including Microsoft Project, Microsoft Excel, and Primavera. Microsoft Team meetings with shared screen technology through web and video conferencing, allow our team to be in touch with and ultra-responsive to City needs, anytime and anywhere, thereby reducing task order delays. Other schedule controls used by Michael Baker project managers include the following: ▬Ensure City review timelines are accurate, and commitments are made by all parties. ▬Map the critical path ▬Monitor/review progress and direction with task leads and subconsultants. TASKS AVAILABLE Dawn Wilson, PE, TE 20% Ryan Zellers, PE, TE 25% Samantha Lathrop, EIT 50% Geoff Retemeyer, PE, TE 30% Jecelyn Martinez, PE 20% AVAILABILITY CURRENT PROJECTS COMMITMENT City of Carlsbad - Veterans Park 5% City of Imperial Beach - 9th Street Improvements 10% City of Palm Desert - Pedestrian and Bike Gap Study 15% City of El Monte- Valley Boulevard and Main Street Complete Streets Feasibility Studies 5% CONSULTANT’S CURRENT WORKLOAD DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENTS APPENDIX Option 2: Floating Curb Extension Option 1: Pedestrian Refuge Island DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 FEESProposed Our recent work in Carlsbad has provided us with heightened efficiency allowing us to achieve an economy of scale. Michael Baker is familiar with the current governing reports and recent data sources resulting in time and money saved. REAL VALUE Benefits include: ▬Weekly review and monitoring of individual costs for each task and subtask compared to percentage completion of the work. ▬ Computation of earned value on a monthly basis for each task and subtask compared to budgeted cost of work scheduled, budgeted cost of work performed, actual cost of work performed, and estimates to complete. ▬ Monthly detailed invoicing, in the City’s preferred format. MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ PASEO DEL NORTE PEDESTRIAN AND BIKE IMPROVEMENTS Budget Control Michael Baker’s accounting platform provides real-time customized reports to assist project managers in accurately planning expenditures including labor and other direct costs. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 RATES Hourly Rate Sheet Michael Baker’s hourly rate sheet for the team is provided below. Pricing will remain firm for the length of the agreement as proposed in the attached schedule. Changes to the agreement and extension of schedule may include new rates. NAME TITLE ROLE HOURLY RATE Dawn Wilson, PE, TE Transportation Planning Manager Principal-In-Charge $300 Ryan Zellers, PE, TE Traffic and Civil Engineer Sr. Project Manager $285 Samantha Lathrop, EIT Project Engineer Deputy Project Manager $150 Geoffrey Retemeyer, PE, TE Civil Engineer Civil Lead $175 Jecelyn Martinez, PE Project Engineer Hydrology Lead $150 John Dompor, EIT Civil Associate II Plan Development $130 Kat Frankowski, EIT Civil Associate II Plan Development $130 Angel Melendez, EIT Civil Associate I Plan Development $115 John Bistowski Technical Manager Survey Manager $210 Brian Dedman/Daniel Berg Survey Chairman Two-Person Survey Crew $285 DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 Ho l d e r I d e n t i f i e r : 777 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 1 6 1 6 0 4 5 5 7 1 1 1 0 7 7 7 6 1 7 1 1 6 3 0 4 5 5 7 2 0 745 3 1 3 6 7 7 2 4 0 6 3 1 0 0 7 3 6 5 0 5 6 6 1 5 7 3 3 0 0 2 0 7 3 6 0 5 1 1 1 3 0 6 2 0 1 0 3 0 742 6 4 1 1 7 2 2 2 2 5 0 1 3 0 7 0 2 7 3 2 2 5 7 2 1 3 3 7 6 0 0 7 2 3 6 0 4 4 1 3 6 4 1 3 3 1 3 0 770 4 0 1 1 7 5 2 2 7 4 5 3 0 0 7 6 7 2 7 2 4 2 0 3 5 7 7 2 0 0 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 777 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 3 5 2 5 6 7 7 1 1 5 4 5 6 0 0 0 7 3 3 1 1 0 5 0 7 1 3 6 3 0 2 2 0 712 3 3 3 6 2 5 2 0 6 2 1 1 1 0 7 1 2 3 2 2 6 3 4 2 0 7 3 1 1 1 0 7 0 2 3 3 2 6 3 5 2 0 6 3 1 1 1 0 702 3 3 3 7 2 4 2 1 7 2 1 1 0 0 7 1 2 2 2 3 7 3 5 2 0 7 2 1 1 0 0 7 1 3 2 2 3 7 3 5 2 1 6 3 1 1 0 0 713 3 2 2 6 3 4 2 1 7 3 1 0 1 0 7 7 7 5 6 1 6 3 3 5 1 7 6 5 5 4 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 Ce r t i f i c a t e N o : 57 0 1 0 1 1 8 6 0 3 4 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/18/2023 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza ~ Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 24319Allied World Surplus Lines Insurance CoINSURER A: 26247American Guarantee & Liability Ins CoINSURER B: 16535Zurich American Ins CoINSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Michael Baker International, Inc 5 Hutton Centre DriveSuite 500Santa Ana CA 92707 USA COVERAGES CERTIFICATE NUMBER:570101186034 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 $250,000SIR/Deductible C 08/30/2023 08/30/2024GLO419728102 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X X BODILY INJURY (Per accident) $2,000,000C08/30/2023 08/30/2024 $100,000 COMBINED SINGLE LIMIT (Ea accident) BAP-4197284-02 Deductible EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 08/30/2023UMBRELLA LIABB 08/30/2024AUC053258205 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEC08/30/2023 08/30/2024 AOS WC419728502C 08/30/2023 08/30/2024 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC419728202 Per Claim0312480608/30/2023 08/30/2024 Claims Made $5,000,000Aggregate SIR/Deductible $200,000 E&O - Professional Liability - Primary A SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations. City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability and Workers Compensation policies. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWDc/o Exigis Insurance Compliance ServicesPO Box 947 Murrieta CA 92564 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 Additional Insured – Automatic – Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4197281-02 Effective Date: 08/30/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1.If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a.The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b.The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1)Your ongoing operations, with respect to Paragraph 1.a. above; or (2)"Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a)Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b)Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2.If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a.The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b.The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19)Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 in the performance of: (a)Your ongoing operations, with respect to Paragraph 2.a. above; or (b)"Your work" and included in the "products-completed operations hazard", with respect to Paragraph2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i)Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii)Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3.If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a.Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b.With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a)Only applies to the extent permitted by law; (b)Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c)Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4.If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a.Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b.With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; (2)Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3)Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4)Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW (02/19)Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 B.Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional 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; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C.Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In TheEvent Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: (1)We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2)We receive written notice of a claim or "suit" as soon as practicable; and (3)A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D.Solely with respect to the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV – Commercial General LiabilityConditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV –Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E.This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F.Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III – Limits Of Insurance: Additional Insured – Automatic – Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW (02/19)Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 1.Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19)Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6 WC 00 03 13 (Ed. 4-84)  1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) 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 ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. Policy # WC 4197282-02 DocuSign Envelope ID: 10F044BE-77CC-4D9C-BA2A-B0A71B4609B6